Showing posts with label ICE. Show all posts
Showing posts with label ICE. Show all posts

Wednesday, July 8, 2015

San Francisco County Sheriff Defends Release of Illegal Immigrant

San Francisco County Sheriff Ross Mirkarimi defended his department’s release of the suspect in the shooting death of Katie Steinle. The suspect, Francisco Sanchez, an illegal immigrant with an extensive criminal history, and who had already been deported five times, was released, from the San Francisco County jail, after local authorities there declined to prosecute on a drug related charge.
                     
Sheriff Mirkarimi contends that if the feds wanted San Francisco to ‘hold’ Sanchez, then they should have issued a warrant or a court order. Since SanFrancisco is a Sanctuary City, they simply opened the door and let Sanchez walk away.

Pardon me if I take exception to Sheriff Mirkarimi’s statement. During the course of my twenty-two year law enforcement career I ran a county jail. We routinely housed federal inmates, including those that were released to us for the purpose of dealing with local charges. This is exactly the situation that existed in San Francisco.

Sanchez was picked up by federal authorities after he had completed a prison sentence. Since he had an outstanding charge in San Francisco, that charge needed to be addressed before they could process Sanchez for deportation on the federal immigration charge.

Federal inmates, which Sanchez was, are remanded to local authorities with what is called a detainer. Basically it directs the local agency to notify the feds when the local charges have been addressed, either by release or incarceration. In the case of release, the feds come and pick-up the prisoner. In the case of incarceration, they update their records and notify the correctional facility, where the prisoner is remanded to, that they have a federal hold in place and issue another detainer to the facility.

For Sheriff Mirkarimi to say that federal authorities should somehow have done more, belies the simple fact that he did nothing. The optics on this are horrible and he knows it. He is trying to deflect the blame instead of recognizing that San Francisco’s failed sanctuary city policies cost the life of another innocent young person.

Most career law enforcement officers will tell you that they often feel constrained by the politics that seems to pervade local law enforcement policies, but Mirkarimi is not a career law enforcement officer. He is an elected official whose law enforcement career didn’t begin until 2011, when he was elected as sheriff. Prior to that, he was a member of the San Francisco County Board, the same folks who are responsible for the whole Sanctuary City debacle. A policy he vigorously defends, despite being at odds with the members of his own department.

He is no stranger to controversy. In 2012, just after his election, he was suspended from office after being charged with domestic violence battery, child endangerment and dissuading a witness, in connection with an altercation with his wife. He pled guilty to one misdemeanor count of false imprisonment and was sentenced to three years of probation and had to stay away from his wife for seven months. He was reinstated seven months later, after the Board of Supervisors failed to get enough votes to remove him from office.

He has also had to deal with internal issues as well. In March, Mirkarimi issued a directive stating that only he could turn them over to ICE. This was brought about because his deputies, who opposed the policy, were reportedly secretly helping federal authorities get illegal immigrants off the streets.

Under the circumstances, I can understand why he would want to pawn off the blame to someone else.

This is another example of what happens when the rule of law becomes subverted; abused and twisted to comply with the rule of man, or, as it is in this case, the Board of Supervisors.

Mirkarimi, as well as the Board of Supervisors, is trying to push the blame for the tragic death of Katie Steinle to the feds, but it is a responsibility that lies squarely on their doorstep. It was their policy that allowed this to happen and they need to be held responsible.



Monday, July 6, 2015

San Francisco – The Dark Side of Sanctuary Cities

By now you have all heard of the terrible tragedy in San Francisco, where Kathryn Steinle was killed by Francisco Sanchez, an illegal immigrant from Mexico. Her death brought to the forefront the tragic policy of sanctuary cities.

For those of you that don’t know what a sanctuary city is, it is a term given to a city in the United States that follow certain local practices designed to protect illegal immigration. There are many who feel this is a good policy and I am sure their hearts are truly in the right place; however this policy belies a problem that many of these cities face, which is a growing threat from violent criminals.

We must understand that these sanctuary cities have taken the step to intentionally violate a 1996 federal law (the Illegal Immigration Reform and Immigrant Responsibility Act) which requires local governments to cooperate with the Department of Homeland Security's, Immigration and Customs Enforcement. These ‘sanctuary’ policies instruct city employees not to notify the federal government of the presence of illegal aliens living in their communities. The policies also end the distinction between legal resident aliens and illegal aliens, so those here illegally often benefit from taxpayer funded government services and programs too.

Consider the ramifications to a police department, sworn to uphold the law, who are told not to co-operate with a federal agency. It tells them, in no uncertain terms, that the rule of man, and not law, is the order of the day. What is even scarier is the fact that the law becomes volatile, subject to political winds that may change to suit the whims of those in office at the time.

One of the justifications, for creating a sanctuary city, is the alleged concern for protecting immigrant rights, but that belies the fact that illegal aliens are not immigrants. Immigrants come to the United States legally, often as a result of a long and arduous process, and take the necessary steps to maintain their legal status. A person who is illegally smuggled into the U.S., or violates their visa restrictions, is not an immigrant, but an unauthorized alien subject to deportation under existing federal law.

I have heard all of the excuses, such as “Illegal aliens, who are victims of crimes, or who may be a witness to a crime, won't report them to police for fear of arrest and deportation.” Okay, sure……..

I spent twenty-two years in law enforcement. Let’s admit that this is a very convenient excuse which ignores one fundamental fact:  if illegal aliens were properly deported from the U.S., then they would not be here to become victims, nor would the predators that pray on them be here either. Try as I might, I could not find a spike in crimes committed by people legal immigrants from Denmark, Netherlands or Germany.

The truth of the matter is that these sanctuary policies do little to protect, but actually create a thriving environment for the criminal element, who fundamentally understands that they are unlikely to face any serious risk of being deported.

While I probably understand better than most, the need to protect the weak, I don’t believe that turning a blind eye to the law is the best choice. We have a problem in this Country in terms of illegal entry through our southern border. Simply renaming someone from ‘illegal immigrant’ to ‘undocumented worker’ is a ruse, which should be insulting to anyone capable of cogent thinking.  How would you feel if society decided to rename ‘burglars’ to ‘unannounced houseguests’, ‘drug dealers’ to ‘unlicensed pharmacists’, or, better yet, a ‘rapist’ to an ‘unrequited lover’?

Seems pretty absurd, doesn’t it?

Yet that is exactly what is occurring, under the false guise of protection. The truth is, anyone coming over the border illegally is a criminal. Simply changing their name does not negate that. If you don’t believe me, I suggest trying that you illegally enter the country of Mexico and see how well you are treated there when you claim that you are simply an ‘undocumented worker’.

And it is not just ‘protection’ that is being offered in these sanctuary cities. Consider for a moment that NYC recently implemented a program which allows illegal immigrants to obtain an official NYC identification card and they won't be asked about their immigration status. The card can be used for, among other things, to open a bank or credit union account, and obtain residential benefits from City Hall. NYPD officials have said the card will be used to issue summonses or desk appearance tickets instead of arrest. Think about that for a moment. Someone, who has come illegally, with no verification of ‘who’ they are, will be given a card that can be used to obtain benefits and as ID in the case of an arrest……… How do you know it’s them? Remember that the next time you are jumping through hoops to prove who you are at a governmental agency.

Just for the record, this nonsense is also being promoted by the same folks who tell you that getting an ‘ID’ to vote is somehow racist, because it somehow disproportionately affects minorities, the poor, and Democratic voters. Huh? What?........ Wait, we’re giving ID’s away to ‘poor, minority’ people, who we don’t even know, yet asking for ID to vote is somehow bad? I’ll leave that discussion for another day, as I digress.

For, once again, we are seeing the folly of the sanctuary city play out in stark reality.

Kathryn Steinle, 32, died in her father’s arms after being shot at random by Francisco Sanchez. Her last words were “help me, Dad.” As a father, I cannot begin to imagine the pain that her father is going through, but my heart breaks for him. It was a tragedy that did not have to happen.

Sanchez, a career criminal with a lengthy arrest history, should not have been on the streets of San Francisco, or any other U.S. city for that matter. He had been in the custody of the San Francisco Sheriff's Department last March 26, on a decade-old drug charge, but he was released on April 15, after local prosecutors declined to pursue charges against him. Immigration and Customs Enforcement (ICE) said that at the time they had turned over Sanchez to local law enforcement, they’d requested to be kept apprised of any changes in his status, a common request that is routinely conducted in other jurisdictions, but they weren't. Instead, Sanchez was released from custody.

According to ICE records, Sanchez had been previously deported five times, most recently in 2009, and his record included seven prior felony convictions. ICE briefly had him in their custody after he completed a prison sentence in California, but turned him over to San Francisco, in March, on an outstanding warrant for a felony drug charge. 

Now Sanchez sits in the same jail he had been previously released from, but this time he won’t be leaving anytime soon. Unfortunately, that is unlikely to be of little solace to the grieving family of Kathryn Steinle.

How long before another family in Chicago, Los Angeles, New York, Washington, D.C., Detroit, or any of the other two dozen more ‘sanctuary cities’ have to bury a relative because of the tragic and misguided policies that give safe haven to criminals.

Oh, and not to let a good tragedy go to waste, the White House has just announced that the death of Steinle, is actually the fault of congressional Republicans. They are also apparently at fault for the continuing gun violence in the President’s hometown of Chicago.

Maybe both the federal and state governments need a refresher course in the rule of law, instead of trying to play politics with the lives of American citizens.