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  ICE Agents: Obama Won’t Let Us Arrest Illegals

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Author Topic:   ICE Agents: Obama Won’t Let Us Arrest Illegals
BeWare




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posted 08-03-2012 11:21 AM     Click Here to See the Profile for BeWare     send a private message to BeWare   Edit/Delete Message   Reply w/Quote   Search for more posts by BeWare
By Todd Starnes

A veteran Immigration and Customs Enforcement agent is facing suspension after he refused to release an illegal immigrant who was not considered a priority target under the Obama Administration’s new immigration enforcement policies, according to documents provided exclusively to Fox News.

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“They’re punishing law enforcement officers who are just trying to uphold U.S. law,” said Chris Crane, president of the National ICE Council. Crane is a union representative acting on the unidentified officer’s behalf.

The officer under fire is an 18-year law enforcement and military veteran.

On March 27 he and another officer were conducting surveillance on a vehicle in Newark, Del. with plates that were registered to a criminal alien target. During the surveillance, they observed an individual get into the vehicle. The person was detained, questioned and taken to an ICE office so that his fingerprints could be run through a federal database.

The individual was not their criminal alien target. However, he was a 35-year-old illegal immigrant from Mexico who had ten previous traffic violations – including driving without a license.

“The officer made the determination using prosecutorial discretion that he would charge (the suspect) as being in the United States illegally and let the judge sort it out,” Crane said.

“That’s our place in the universe,” he said. “We’re supposed to make arrests and let the judges and the legal system sort through the details.”

Instead, two supervising officers, including the acting field director, intervened and ordered the officer to release the illegal immigrant. The acting field director sat down with the illegal and explained that he was going to be let go because he was not a “presidential priority,” Crane said.

In essence, the supervising officers took on the role of a public defender.

“You had the supervisors intervening with the alien to assist the alien and counsel the alien on avoiding receiving a charging document,” he said.

The officer’s supervisors ordered the officer to release the illegal – an order the officer refused.

According to a “Notice of Proposed Suspension,” dated July 19, the officer “failed to follow these supervisory instructions, when you arrested a non-targeted alien who did not appear to meet any of the ICE priorities.”

A memorandum from Assistant Field Office Director David O’Neill, written the morning of the incident, reveals that the officers were told to release the subject even though he was in the country illegally.

The officer “became agitated and began to raise his voice and stated that he would not do as instructed,” O’Neill wrote in his memo.

As a result of disobeying the order to release a known criminal, the officer faces a three-day suspension and could ultimately lose his job and pension if he arrests another illegal not on the Obama administration’s priority list.

“They’re willing to take away their retirement, their job, their ability to support their families in favor of someone who is here illegally and violating our laws,” Crane told Fox News. “Right now (the Obama administration) is standing in the way of us enforcing the law by either taking a disciplinary action, threats of disciplinary action, or refusing to sign off on charging documents to put an illegal alien into immigration proceedings so a judge can sort it out.”

A spokesman for ICE told Fox News they will not discuss “ongoing personnel matters.”

“ICE officers are not disciplined for lawful arrests,” the spokesperson said. “They may, however, be subject to discipline for insubordination and failure to follow agency polices and directives, among other reasons.”

Ironically, the illegal alien in this particular incident was given better treatment than an American citizen would have been in similar circumstances.

A spokesman for the Newark Police Dept. told Fox News that if an American had been stopped on the same charges – they would have been put in jail. The spokesman said officers would have let the judge sort out the details.

Crane said that’s the way it used to be – until President Obama loosened restrictions on illegal immigrants.

“Our hands are tied much more than your average police officer,” Crane said. “Normally an officer would have made an arrest like this, processed him, put the paper work in front of the supervisor and they would have signed off on it.”

At the heart of the issue are significant changes announced in June by the Dept. of Homeland Security. The new rules outlined how younger illegal immigrants could stay in the country and gain work permits through the use of “prosecutorial discretion.”

Crane said agents in the field disputed the idea of prosecutorial discretion.

“This whole prosecutorial discretion thing is a big lie,” he said. “The administration is trying to say it gives us more flexibility to release people. It’s garbage. These are orders – very clear orders that you will release people.”

The policy allows for discretion involving individuals who have not been convicted of a “felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and is not above the age of thirty.”

The illegal immigrant in this case had 10 traffic violations and is 35-years-old.

And it’s not the first time that ICE agents have found themselves frustrated by Obama’s new policy. Last month an illegal immigrant injured an officer during an attempted escape in El Paso. Assaulting a federal officer is considered a federal crime. However, because the suspect was not a priority target, he was released without any criminal or immigration charges.

“We can’t do anything anymore under these new guidelines,” he added. “

As a result, he said, an 18-year law enforcement veteran has to pay the price — and somewhere in the nation, a 35-year-old illegal immigrant is driving on a roadway without a license.

“If a law enforcement officer can’t perform routine enforcement functions, what do we have a law enforcement agency for,” Crane wondered.


BeWare




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posted 08-03-2012 05:14 PM     Click Here to See the Profile for BeWare     send a private message to BeWare   Edit/Delete Message   Reply w/Quote   Search for more posts by BeWare
Sen. Sessions wants answers as ICE agent faces suspension for illegal immigrant arrest

By Todd Starnes

Published August 03, 2012

Fox News Radio


Sen. Jeff Sessions, R-Ala., is demanding answers after a report surfaced that a U.S. Immigration and Customs Enforcement agent is facing punishment for arresting an illegal immigrant.

The unidentified agent could face a three-day suspension after he arrested a 35-year-old illegal immigrant from Mexico who had as many as 10 traffic violations.

The agent was ordered by supervisors to release the individual because he was not a "priority target." When the officer balked, he was threatened with a three-day suspension and the illegal alien was let go.

"The actions that it appears were taken by your agency send a message to agents in the field that they will be punished for doing their duty and enforcing the law," Sessions wrote in an letter to ICE Director John Morton and obtained exclusively by Fox News.


Read more: http://www.foxnews.com/politics/2012/08/03/sen-sessions-wants-answers-after-ice-agent-suspended-for-arresting-illegal/#ixzz22WXnzOE3


heynow14


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posted 08-03-2012 10:56 PM     Click Here to See the Profile for heynow14     send a private message to heynow14   Edit/Delete Message   Reply w/Quote   Search for more posts by heynow14
I heard Immigration deportations are at an all time high. Is that not true?

------------------

BeWare




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posted 08-03-2012 11:04 PM     Click Here to See the Profile for BeWare     send a private message to BeWare   Edit/Delete Message   Reply w/Quote   Search for more posts by BeWare
quote:
Originally posted by heynow14:
I heard Immigration deportations are at an all time high. Is that not true?


Official Figures Show Steady Decline in DOJ Criminal Immigration Prosecutions

By Edwin Mora

June 25, 2012

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A Customs and Border Protection Border Patrol agent pats down a man near the Mexico border. (Photo: CBP/Gerald L. Nino)

(CNSNews.com) – The number of criminal immigration prosecutions by the Department of Justice, stemming from referrals by Immigration and Customs Enforcement and Customs and Border Protection agencies over the year ending in March 2012 dropped in comparison to previous years, according to the latest available federal data.

Through the Freedom of Information Act, the Transactional Records Access Clearinghouse (TRAC) at Syracuse University obtained the data from DOJ’s Executive Office for United States Attorneys. TRAC describes itself as a non-partisan “data gathering, data research and data distribution organization.”

Over the 12-month period from April 2010 to March 2011, the number of DOJ prosecutions resulting from referrals by Immigration and Customs Enforcement (ICE) totaled 21,669. By comparison, the period April 2011 to March 2012 accounted for 19,149 prosecutions based on ICE referrals – an estimated 12 percent drop.

DOJ prosecutions stemming from Customs and Border Protection (CBP) investigations dropped by six percent over the same period, from 69,840 in the April 2010-March 2011 period to 65,440 between April 2011 and March 2012.

ICE and CBP are both components of the U.S. Department of Homeland Security charged with enforcing U.S. immigration laws. CBP deals with illegal cross border activity at and in between the ports of entry and ICE deals with deportations and immigration law violators inside the country.

Under the Obama administration, ICE in June 2011 determined it would employ prosecutorial discretion in deciding which illegal aliens to deport. It is now focusing on aliens with serious criminal records.

“Until February 2011, ICE criminal prosecutions had been climbing, reaching a peak of 21,686 on an annual basis,” TRAC said in releasing the latest DOJ immigration prosecution figures. “Since then, using a 12-month moving average, numbers can be seen to have been falling.”

TRAC noted that while the number of ICE criminal prosecutions has decreased, the number of ICE deportations is on track to reaching its stated goal of around 400,000 during FY 2012.

CBP-referred prosecutions have decreased over the first three years of the Obama administration, according to the figures obtained by TRAC.

“CBP prosecutions display a sharp rise beginning in February 2008. One year later in February 2009 CBP criminal prosecutions reached a peak of 80,147 over a 12-month period,” said TRAC.

“However, over the past three years (with some month-to-month variation) there has been a steady decline in criminal prosecutions resulting from referrals from the Border Patrol and other CBP officers catching violators at ports of entry. For the 12-month period ending in March 2012, CBP prosecutions had fallen to 65,440 – 18 percent below their peak.”

In FY 2011. an illegal alien faced an estimated 20 percent chance of facing criminal prosecution if apprehended by CBP: There were 340,252 apprehensions nationwide, but only 69,080 CBP-referred prosecutions that year, according to the data obtained by TRAC.

The previous year, 463,382 apprehensions nationwide resulted in 72,572 prosecutions, putting the odds of prosecution for an illegal alien who had been arrested by CBP at an estimated 16 percent.

In FY 2009 and FY 2008 the proportion of arrests to prosecutions was 14 percent and nine percent respectively.

TRAC attributes this steady increase in the chances of an illegal alien facing CBP-referred prosecution to the decline in illegal alien apprehensions by Border Patrol, a component of CBP.

“Border Patrol apprehensions along the southwest border have, however, been falling at a much faster rate than the declines in criminal prosecutions,” stated TRAC. “This means that for an individual caught illegally entering the country, the odds of criminal prosecution have actually moved sharply up, not down.

“During FY 2011, around 20 percent of apprehensions resulted in a CBP-referred criminal prosecution – up from 16 percent in FY 2010 and only two percent as recently as FY 2006.”

TRAC noted, however, that “criminal prosecution, of course, is not the only sanction that awaits individuals apprehended illegally crossing the border.” CBP may refer an illegal alien to ICE for detention or removal.

BeWare




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posted 08-03-2012 11:37 PM     Click Here to See the Profile for BeWare     send a private message to BeWare   Edit/Delete Message   Reply w/Quote   Search for more posts by BeWare
I was unhappy with the illegals situation in 2006 & 2007 and I called our leaders on it the also. So did other conservatives. But liberals are apparently happy with the current situation. At least we don't hear any criticism. But cricizing the savoir is a mortal sin for libs.

http://www.prowleronline.com/ubb/Forum14/HTML/000553.html
http://www.prowleronline.com/ubb/Forum14/HTML/000567.html

Robert notice your reposnses in the following thread. Very interesting.
http://www.prowleronline.com/ubb/Forum14/HTML/000615.html
http://www.prowleronline.com/ubb/Forum14/HTML/000619-3.html

Obama says deportation of criminals up 70 percent under his administration

In a speech on immigration reform in El Paso, Texas, President Barack Obama said his administration has focused on deporting illegal immigrants convicted of crimes.

"Beyond the border, we’re going after employers who knowingly exploit people and break the law," Obama said in the speech on May 10, 2011. "And we are deporting those who are here illegally. And that’s a tough issue. It’s a source of controversy.

"But I want to emphasize we’re not doing it haphazardly. We’re focusing our limited resources and people on violent offenders and people convicted of crimes -- not just families, not just folks who are just looking to scrape together an income. And as a result, we’ve increased the removal of criminals by 70 percent."

Obama's claim that under his administration, deportation of criminals increased by 70 percent suggests a significant shift in policy, so we decided to check it out.

According to data provided by the Department of Homeland Security, the number of illegal immigrants "removed" rose about 6 percent -- from 369,221 to 392,862 -- between the end of September 2008 (four months before Obama took office) and the end of September 2010. But a much larger percentage of those deported were convicted criminals. In 2008, 31 percent were criminals; but by 2010, the percentage jumped to 50 percent.

The raw number of convicted criminals who were deported went from 114,415 in 2008 to 195,772 in 2010. That's 71 percent. So that squares with Obama's claim.

Data for the first half of the 2011 fiscal year (which began at the end of September) suggests that trend is continuing, with about 52 percent of the deportations involving convicted criminals.

In an Oct. 6, 2010, press release, Department of Homeland Security Secretary Janet Napolitano said the numbers reflect the administration's "prioritizing the identification and removal of criminal aliens who pose a threat to public safety."

"Our approach has yielded historic results, removing more convicted criminal aliens than ever before and issuing more financial sanctions on employers who knowingly and repeatedly violate immigration laws than during the entire previous administration," Napolitano said.

Roy Beck, executive director of NumbersUSA, a group that favors reducing immigration into the United States, said it's true that the deportation rate, particularly deportation of convicted criminals, has been higher under Obama.

"My sense is that Obama deserves credit, for all the complaints about him, that he has done maybe a little better than Bush on deportations," Beck said. "I think the main context, though, is that the amount of deportations under Bush was rather small."

And even under Obama, Beck said, the administration is talking about fewer than 400,000 deportations in a country with an estimated 11 million illegal immigrants.

DHS statistics show that under Bush, overall deportations more than tripled between 2001 and 2008 -- going from 116,782 to 369,221. But in the latter part of Bush's presidency, the biggest jump was in the deportation of illegal immigrants who were were not convicted criminals. During the eight years of Bush's presidency, deportation of convicted criminals rose from 71,079 in 2001 to 114,415 in 2008. That's a 61 percent increase over eight years.

In the first two years under Obama, the data suggest a policy shift toward prioritizing the deportation of convicted criminals. And Obama is correct that there has been a 70 percent increase. We rate his statement True.

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