FROM “IN DEFENSE OF RURAL AMERICA”
by Ron Ewart, ©2017, President, NARLO
From sources we learned that from January 1, 2014 to September 30, 2015 these sanctuary jurisdictions rejected more than 17,000 detainers for illegal immigrants, 11,800 of which had a prior criminal history. A detainer is issued by ICE to gain custody of specific criminal aliens for deportation, being held in another law enforcement jurisdiction. These illegal alien criminals are free to commit their crimes with impunity, thanks to illegal sanctuary policies. Who are their victims ….. lawful American citizens?
The illegal immigration problem is massive. One in four inmates in American prisons are illegal immigrants. In 2014, 36.7% of all felony convictions were illegal immigrants. Regarding the cost to taxpayers, the Heritage Foundation reports that: “in 2010, the average unlawful immigrant household received around $24,721 in government benefits and services while paying some $10,334 in taxes. This generated an average annual fiscal deficit (benefits received minus taxes paid) of around $14,387 per household. This cost was borne by U.S. taxpayers. Amnesty would provide unlawful households with access to over 80 means-tested welfare programs, Obamacare, Social Security, and Medicare. The fiscal deficit for each household would soar.”
Most illegal immigrants have less than a 10-year education and are among the lowest wage earners, thereby contributing the least amount to taxes, compared to the benefits they consume.
Sanctuary states, counties and cities exacerbate these statistics by protecting criminals, undesirables and those illegal immigrants that have violated our laws by coming here illegally, raising the total cost to taxpayers for illegal immigration by billions of dollars.
In open defiance of their mandated duties and swearing to uphold the law of the land, an official of the Department of Justice of the Obama Administration confirmed in 2010 that the agency would not take any action against cities, or other sanctuary jurisdictions, that defy the “Illegal Immigration and Reform and Immigration Responsibility Act of 1996.” (Pub. Law 104-208) True to their word, they haven’t taken any action.
There is an unwritten policy on the Democrat side of the federal government who purposely look the other way on illegal immigration and are not concerned that our borders are as porous as Swiss cheese. The rationale is that these illegal immigrants will eventually receive legal status and will vote Democrat because most of them come from socialist countries, thereby securing perpetual Democrat control of power in America. The Democrats compassion rationale is hollow and only results in more illegal immigration.
Federal Law (8 USC ¶ 1227) describes in detail who is a deportable person and the list is lengthy.
But one of the provisions in the law “(2)(A)(i)(I)(II) “General Crimes” states that:
(i) Crimes of moral turpitude
Any alien who — (I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable.
Moral Turpitude is a very broad term but has been defined in greater detail by court decisions and “refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man, or society in general” and includes murder, voluntary manslaughter, involuntary manslaughter, rape, spousal abuse, child abuse, incest, kidnapping, robbery, aggravated assault, mayhem, animal fighting, theft, fraud, and conspiracy, or attempting to, or acting as an accessory to a crime.
In every sanctuary city, county and state in America there resides thousands of illegal immigrants who are guilty of moral turpitude under federal immigration law, as defined, and as such are deportable. In a flagrant, criminally negligent act, ICE released 86,288 illegal immigrant criminals into the general population from 2013 to 2015, according to ICE Director Sarah Saldana in written testimony to Congress. Those persons in our government, who made the decision to release known criminals, violent or otherwise, should be in jail themselves.
When illegal immigrant criminals are released into the general population, or come here illegally, where do you think they go? They migrate to sanctuary cities, counties and states of course, where the criminals will be shielded from federal prosecution by the governor of the state, or mayor, the city or county council, prosecuting attorneys, judges and law enforcement, by specific written or verbal sanctuary policies. Kate Steinle was a victim of and killed by one of those illegal alien criminals who had been deported 5 times and ended up in San Francisco, a sanctuary city.
ICE issues what are called detainers for illegal immigrants that are subject to deportation. Most if not all illegal immigrants are subject to deportation under 8 USC ¶ 1227, whether criminal or not. Under this statute, deportable persons are defined as:
“Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201(i) of this title, is deportable.”
One can safely conclude that anyone who has entered the U. S. illegally is deportable, unless they are seeking asylum for reasons covered under the law, subject to judicial review.
What seems to have gone unnoticed here is that the leaders of these sanctuary states, counties and cities are guilty of harboring fugitives from justice and potential terrorists by their policies, written or verbal and are “principals” under 18 USC Section 2, making them personally liable for their actions. Federal law 18 USC ¶ 1071 covers this harboring of fugitives by sanctuary cities wherein it states:
“Whoever harbors or conceals any person for whose arrest a warrant or process has been issued under the provisions of any law of the United States, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person, shall be fined under this title or imprisoned not more than one year, or both; except that if the warrant or process issued on a charge of felony, or after conviction of such person of any offense, the punishment shall be a fine under this title, or imprisonment for not more than five years, or both.”
Under the “harboring” statute, 18 USC ¶ 1071, a “process” would be construed as an ICE detainer. It is logical to assume that sanctuary city leaders, or local law enforcement, have been issued those detainers, or had knowledge of them and flagrantly ignored them. In fact an ICE “detainer” was issued to the Sheriff of San Francisco County for Kate Steinle’s killer, which said Sheriff promptly released the illegal immigrant criminal, purposely ignoring the ICE detainer. Therefore, the Sheriff directly violated 18 USC ¶ 1071. The San Francisco city and county leaders indirectly violated the statute by establishing the policy. Each of them should be tried for criminally violating federal law and held personally liable for their complicity in Kate Steinle’s death. San Francisco’s sanctuary city policy was a direct contributing factor in her death.
The Kate Steinle murder by an illegal immigrant criminal is just the tip of the proverbial iceberg. A website was established to memorialize those Americans who were killed by illegal aliens HERE. It is not a complete list and it doesn’t include those tens of thousands of Americans that were or will be severely injured or killed by other illegal aliens. The list is long and grows by the day because the federal government has allowed millions of illegal aliens to enter America, criminal and otherwise, with little or no penalty, thereby creating a magnate for further illegal immigration. As a result of government’s negligence to properly manage our immigration system and our borders, there are somewhere between 11,000,000 to 30,000,000 illegal aliens residing in America (no one knows for sure). Hundreds of thousands of those illegal aliens are dangerous criminals and potential terrorists, preying on lawful Americans. Any sanctuary policy that shields illegal aliens is a direct threat to national security.
It is possible that a Trump Department of Justice (DOJ) under Senator Jeff Sessions, the incoming U. S. Attorney General, will reverse the Obama Administration policy of coddling illegal aliens and start a vigorous enforcement of immigration law inside America and on her borders. Part of this vigorous enforcement should be a full frontal attack on sanctuary states, counties and cities by cutting off federal funding and bringing to trial those state, county and city leaders that harbor illegal criminals in violation of 18 USC ¶ 1071.
But we aren’t waiting for the Department of Justice, or the Congress, to take on sanctuary states, counties and cities. We will be filing a formal Complaint and Request For Investigation with the U. S. Attorney in multiple districts, against these state, county and city leaders, under 18 USC ¶ 1071, with a copy forwarded to the incoming U.S. Attorney General, Jeff Sessions. This could take us several days to reach all of the relevant U. S. Attorneys. We have posted a sample of our Complaint on our website HERE. Our single Complaint, by itself, may not trigger an investigation, much less indictments. However, if hundreds of our readers used our sample Complaint and Request for Investigation and filed their own Complaint with specific U. S. Attorneys and the U. S. Attorney General, it is more likely that an investigation would commence into this open, festering, illegal alien wound that slaps every law-abiding American in the face.
Each American citizen is required to obey the law or face penalties, fines and even imprisonment for violation of the law, depending on the severity of the violation. If you mess up your income taxes, or make a mistake, or don’t pay what they think you owe them, or don’t file, the IRS will be all over you and it could take years to get them off your back. Why isn’t ICE just as relentless on illegal immigrants as the IRS is on taxpayers?
In fact, why are sanctuary jurisdictions thumbing their noses at federal immigration law while the rest of us must obey the law? Why do not their sanctuary actions fly in the face of justice, fairness, equity and the law? Why are illegal aliens, especially criminal ones, above the law and are entitled to sanctuary, or a status superior to lawful Americans? Why is it OK for lawful Americans, hapless victims of criminal and non-criminal illegal aliens due to government negligence, be forced to pay for those same illegal aliens that are sucking up government benefits and committing the crimes? Why indeed!
In a nation of laws, if laws aren’t enforced equally across the board, then there is no law, only injustice and eventually anarchy and chaos.
When are the people of America going to rise up against sanctuary jurisdictions? When will they revolt against government-instituted injustices and crimes committed by illegal immigrants? If you are as incensed as we are against sanctuary states, counties and cities in America and you truly want to make a difference, please join with us in filing your own Complaint and Request for Investigation with multiple U. S. Attorney’s offices and the U. S. Attorney General, as we are doing. All it will cost you are a few stamps, some paper, some envelopes and some of your time. Everything you need is on our “SANCTUARY” website page, including interactive maps and the U. S. Attorneys list. Or, view our new “Sanctuary City Video.”
If you would like to receive a Microsoft WORD copy of our Complaint and Request for Investigation by e-mail, please click HERE. Be sure to include your name, county and state you live in. We will not e-mail the Complaint to blind mail addresses.
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NOTE: The foregoing article represents the opinion of the author and is not necessarily shared by the owners, employees, representatives, or agents of the publisher.
Ron Ewart, a nationally known author and speaker on freedom and property rights issues and author of this weekly column, “In Defense of Rural America.” Ron is the president of the National Association of Rural Landowners (NARLO) (www.narlo.org), a non-profit corporation headquartered in Washington State, acting as an advocate and consultant for urban and rural landowners. Affiliated NARLO websites are “SAVE THE USA” (http://www.stusa.us/) and “Getting Even With Government” (http://www.gewgov.com/). Ron can be reached for comment HERE.