Tag Archives: illegal aliens

Who Accounts for the Highest Percentage of Federal Arrests? | Apr 11, 2017

Foreigners Now Account for 61% of Federal Arrests

| Breitbart

“The Pew Research Center released an analysis of Justice Department numbers Monday showing a massive increase in the prominence of immigration-related offenses in federal law enforcement.

“Houston, we have a problem.”

 

Pew cited a report released last month by the Bureau of Justice Statistics to show that immigration offenses accounted for fully half of federal arrests in 2014, up from only 28% a decade earlier. Consequently, the Department of Homeland Security, which includes Customs and Border Protection and Immigration and Customs Enforcement (ICE), now makes more arrests than the FBI, DEA, BATFE, U.S. Marshal’s Service, and all other branches of the Justice Department combined.

 According to Pew:

The geographic distribution of federal arrests also shows the growing emphasis on immigration offenses. In 2014, 61% of all federal arrests – or more than 100,000 – occurred in just five federal judicial districts along the U.S.-Mexico border.

Driven by this massive increase in immigration arrests, a staggering 61% of federal arrests are now of non-U.S. citizens. These arrests, mostly for immigration offenses, but including thousands for other crimes, do not include the hundreds of thousands of non-criminal apprehensions of illegal aliens each year.

Illegal aliens made up an equally shocking 37% of all criminal defendants in federal district courts in 2014.

Most illegal aliens arrested for immigration offenses are referred to administrative hearings before immigration courts. The increase in this type of arrests has placed tremendous strain on that system. The resulting backlog raises concerns of a “virtual amnesty” from the inability to process these cases.

The BJS report shows that, increasingly, immigration offenses, which can include more serious crimes like trafficking aliens into the United States, are winding up in regular U.S. district courts. While, in 1994, fewer than 2,500 immigration cases wound up in district court, 21,789 did in 2014, representing over a quarter of those general courts’ criminal caseload. Of those defendants, almost 80% were sentenced to time in federal prison with a median sentence of 15 months.

The influx of illegal alien offenders and especially of immigration arrestees remains a pressure point on the federal prison system that, due to a drop in other types of offenders and changes in federal sentencing policy, has otherwise seen a drop in overcrowding. The problem is particularly acute for prisons run by private companies, which are disproportionately set aside for immigration offenders.

ICE is forced to make use of dozens of private facilities to house detainees awaiting deportation. Attorney General Jeff Sessions recently announced he would be reversing the Obama administration’s plans to phase out private prisons for criminal convicts and pre-trial detainees.

Pew notes that, by their estimates, federal arrests make up only a little more than one percent of the total arrests in the United States each year, local and state law enforcement being responsible for the vast majority of arrests.

While the numbers in the BJS report accurately reflect the federal criminal justice system, wider estimates of the proportions of crime committed by illegal aliens are hard to come by. Reporting across the nation’s hundreds of law enforcement agencies is inconsistent and incomplete. So-called “sanctuary” jurisdictions also refuse to report on their arrestees’ immigration status as a matter of policy, hindering federal efforts to collect statistics and enforce immigration laws.”

….Continue reading @ Breitbart

Obama’s Dept of HHS Raiding Medicare, CDC Accounts to Pay for Illegal Aliens | Nov 30 2106

Feds cut $167 million in domestic programs to house, feed illegals for just 1 month

– Washington Examiner

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“The Department of Health and Human Services is raiding several of its accounts, including money for Medicare, the Ryan White AIDS/HIV program and those for cancer and flu research to cover a shortfall in housing illegal youths pouring over the border at a rate of 255 a day.

HHS is trying to come up with $167 million to fund the Office of Refugee Resettlement that is accepting the youths, according to the Center for Immigration Studies.

Policy Director Jessica Vaughan said that insiders have told her that the funding crisis has forced the department to squeeze programs for money.

She just revealed on the CIS website:

“An average of 255 illegal alien youths were taken into the custody of the Office of Refugee Resettlement (ORR) every day this month, according to the latest figures the agency provided to Congress. This is the largest number of illegal alien children ever in the care of the federal government. To pay for it, the agency says it will need an additional one or two billion dollars for the next year – above and beyond the $1.2 billion spent in 2016 and proposed for 2017 – depending on how many more arrive. For now, the Secretary of the Department of Health and Human Services (HHS), where ORR resides, is diverting $167 million from other programs to cover the cost of services for these new illegal arrivals through December 9, when the current continuing resolution expires.”

The money, she said, pays for “shelters, health care, schooling, recreation, and other services for the new illegal arrivals, who typically were brought to the border by smugglers paid by their parents, who often are living in the United States illegally.”

….Continue reading @ Washington Examiner

Now the Push for Sanctuary Status for Illegals On College Campuses | Nov 15 2016

Universities Face Pressure to become Illegal Immigrant Sanctuaries

– the Hill

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“Faculty members and students at universities across the country are asking school leaders to declare their campuses as sanctuaries for undocumented individuals who could face immigration action under President-elect Donald Trump’s promised policies.

The move comes after several big-city mayors have promised their cities will be safe havens for law-abiding undocumented immigrants.
Trump pledged early in his campaign to deport all 11 million undocumented immigrants, threatening to withhold federal funds from cities that did not collaborate with his administration’s immigration authorities.
In a “60 Minutes” interview Sunday, Trump said he would focus on securing the border and deporting “probably two million, it could be even three million” undocumented immigrants with criminal records before making a determination on what to do with the undocumented population at large.
But Hispanics, the youngest demographic in the country, are concerned Trump’s administration will stick to its campaign promises with severe consequences for young immigrants.
Immigrants under the Deferred Action for Childhood Arrivals (DACA) program that began under President Obama are widely considered especially at-risk for deportation, since they submitted their personal information — with an admission of their undocumented status — to the federal government.
There are at least 720,000 recipients of DACA status, a June 2016 federal government report said.
“I gave this information under good will and faith to the federal government,” Juan Escalante, digital campaign manager for America’s Voice, told The Hill.
Escalante added that DACA recipients paid fees, submitted their information and were subject to a background check.
“If this database were to be used as some massive deportation list, I would beg to question whether this would be the smartest course of action for the administration or Congress,” he said.”
…..Continue reading @ the Hill

College Students Now Demanding ‘Sanctuary Campuses’ To Protect Illegals From Trump

– Daily Caller

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“Following Donald Trump’s shocking victory last week, student meltdowns have taken place at colleges across the country. From scheduled “cry-ins” to post-election safe spaces with bubbles, Legos and Play-Doh, you would think you’d seen it all, but there’s more. Some students are demanding their colleges become “sanctuary campuses” to protect illegal immigrants from the immigration crackdown that President-elect Trump has promised.

At Yale University, students created a petition urging the university administration “to take immediate steps to make Yale University a sanctuary campus for students, staff, and their family members who face deportation under President-elect Donald J. Trump’s proposed policies.”

“Given that many students and their family members now live in fear of Donald Trump’s deportation threats, we call upon the University to immediately develop a protocol for making itself a sanctuary campus. Yale has promised to be a home for all of us. A home is supposed to be safe. We owe it to the most vulnerable members of our community to do our utmost,” states the petition. “If we do nothing, then our stated commitments to diversity, justice, and inclusion will reveal themselves to be empty promises and hypocritical lies. At this moment, we cannot afford silence.”

Faculty and students at Brown University also drafted a letter to their administration asking that the campus be converted into a sanctuary for illegal immigrants.”

….Continue reading @ DailyCaller

The Danger of Sanctuary Cities | Apr 2016

 

DACA & DAPA Applicants First on Deportation List | Nov 11 2016

1.4 million Obama amnesty applicants on deportation hit list

– Washington Examiner

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“Some 1.4 million illegals who followed President Obama’s request to sign up for two controversial amnesty programs could be among the first to face deportation under the new administration.

The reason: In exchange for getting into the two programs, they handed over their identities, home addresses, and admitted to being in the United States illegally, making them the easiest to find and legally deport.

“I was surprised anyone would be stupid enough to sign up for DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans). Yet apparently hundreds of thousands of people did so anyway,” said John Miano of the Center for Immigration Studies.

He said in a blog post that the programs are dead under a Trump administration and those who signed up “created a list of prime candidates for deportation with names, addresses, and an admission of illegal alien status.”

…..Contiune reading @ WashingtonExaminer

 

Yes, Trump can boost deportations and gut the Dreamer program for young immigrants

– LA Times

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“As president, Donald Trump can move swiftly to gut President Obama’s signature immigration policies by ramping up deportations and ending a program that has given temporary work permits to immigrants brought to the country illegally as children.

Nearly a third of the 742,000 so-called Dreamers — those given protection under the Deferred Action for Childhood Arrivals program — live in California and are potentially at risk of losing legal status.

Using the same executive authority that Obama claimed to create DACA and other initiatives, Trump also can quickly fulfill his promises to severely restrict the number of refugees admitted each year and to effectively bar visitors from countries with large Muslim populations.

Trump said Thursday, after meeting with Obama at the White House and Congressional leaders on Capitol Hill, that immigration and border security would be among his top priorities when he takes office in January.”

“There is vast potential to increase the level of deportations without adding personnel,” said Kris Kobach, the Kansas secretary of state and a member of Trump’s immigration policy transition team.

By giving more authority to Immigration and Customs Enforcement agents, Trump easily could boost deportations by more than 75% in his first year in office, Kobach said.

Under Trump, Kobach said, agents likely will return to raiding workplaces and checking workers’ status. That practice roiled immigrant communities in the final two years of George W. Bush’s presidency and was stopped when Obama came to office.”

…..Continue reading @ LA Times

 

New York and Los Angeles will remain sanctuary cities, mayors say

– DailyKos

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“The mayors of New York and Los Angeles are not planning to back down to Donald Trump’s anti-immigrant crusade. Both say their cities will continue to require judge’s orders to hold undocumented immigrants in jail, rather than doing so just because Immigration and Customs Enforcement asks:

“We are not going to sacrifice a half million people who live among us, who are part of our community,” de Blasio said, referring to an estimate of the number of unauthorized immigrants living in New York. “We are not going to tear families apart.”

De Blasio said Trump’s threat to withhold funds from sanctuary cities was “dangerous,” but it was too soon to tell whether the president-elect intended to follow through on all his proposals.

In Los Angeles:

“We comply with federal immigration agencies, but insist that detainer requests be handled constitutionally,” Connie Llanos, the [mayor’s] spokeswoman, said in an email.

“It is Mayor Garcetti’s sincere hope that no president would violate those principles, the very foundation of our nation, by taking punitive action on cities that are simply protecting the well being of residents.”

A lot of people are going to need to stand up to a lot of bullying if this country is going to remain a functioning constitutional democracy.”

….Continue reading @ DailyKos

Note: The Supreme Court has consistently found federal law preempts local laws:

Article VI, clause 2.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, and Thing in the . . .Laws of any State to the Contrary notwithstanding.

/CJ

 

 

Illegal Alien Tells MSNBC Trump is Concerning “To Our Country” | Sep 2016

TWILIGHT ZONE: Woman in U.S. Illegally Tells MSNBC Trump is Concerning to “Our Country”

– theGatewayPundit.com

 “Our Country? Only on MSNBC could this denial of reality go unchallenged. The young woman in the video….acknowledges that she’s in the United States illegally but MSNBC gave her airtime to comment on Trump’s immigration policy and referred to her as a “DREAMer.”

Where to begin? First, Trump wants to merely enforce the laws of the United States. When did that become a radical idea? Second, as an illegal this woman can’t even vote in our election (or at least, isn’t supposed to) so why should anyone care what her thoughts are on the election or American policy?

To his credit, the host does point out that the Obama administration has deported illegals but she glosses over that, essentially giving Obama a pass, naturally.

She eventually refers to the United States as “our country.”

….See more @ theGatewaypundit.com

Enough is Enough Open Borders are Killing Us | Aug 2016

Honduran Immigrant and Son Sue US Government After Being Held in Detention Center for 4 Months

– the Gatewaypundit

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“Honduran Suny Rodriquez Alvarado fled Honduras due to the violence. She came to America illegally. Once she crossed the border she was held for four months with her son in a Texas dentention center. Now she is suing the US government for damages.

The so-called “detention centers” have pools, cable tv, meals, a roof over your head, etc.

Via FOX News:

Murder Charge Added Against DUI Suspect with ICE Immigration Hold

An Honduran woman is suing the Obama administration over alleged mistreatment that she and her child suffered while held in a family detention center in Dilley, Texas.

The woman, Suny Rodriguez Alvarado, filed the lawsuit – on which her then-7-year-old son also is a plaintiff – in federal court in New Jersey. Alvarado, who is 43, was kept in detention for more than four months last year.

The suit is believed to be the first of its kind to seek damages for harm suffered in Immigrations and Customs Enforcement (ICE) detention while seeking refugee status.

A release about the lawsuit reads, “Suny Rodriguez Alvarado and her 7-year-old son, Angelo, left their home in Honduras because of persistent threats of police violence, only to be subjected to prolonged detention, coercion and abuse by Department of Homeland Security officials.”

In an interview with Fox News Latino, Rodriguez said that her son remains traumatized from his time in detention.

…Continue reading @ theGatewaypundit.com

 

Murder Charge Added Against DUI Suspect with ICE Immigration Hold

– Daily Mail UK

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“DUI suspect ‘kept driving for a MILE with a dead pedestrian wedged in her windshield and his severed leg on her trunk after a night of bar hopping’

A drunk driver allegedly hit and killed a homeless pedestrian, then drove for a mile with his body wedged in her windshield.

Stacy Sanchez, 29, was arrested outside her Oceanside, California, home on Monday morning after she walked away from her wrecked car with the victim still stuck inside.

Police say she smashed into the pedestrian on the sidewalk after drinking all night.

Her speed sent him flying through the windshield with such force that his head was resting on the passenger seat.

The man’s leg also detached from his body and flew through the back window, landing on the trunk of the car.

Witnesses told Fox 5 San Diego Sanchez got out of the car screaming when she arrived back in the cul-de-sac where she lived. She then walked around the corner and entered her home.

Edgar Esparza left his house and saw the car with the body still on the windshield.

The teenager then asked Sanchez what had happened, but she said everything was fine.

He added that her clothes suggested she had been on a night out.

When paramedics arrived, the pronounced the pedestrian dead at the scene.”

….Read more @ DailyMail UK

 

WILL DRUNK ILLEGAL Who Drove With Dead Body In Windshield Be Deported?

– 100PercentFedup.com

“Yes, the woman who hit a man walking on the sidewalk and then drove with his dead body in her windshield, is an illegal alien. This bar hopping murderer has no regard for our laws and was WASTED beyond belief. How else would she be able to drive with a dead body through the windshield? The question that’s been repeatedly raised is whether she’ll be deported. Can you believe that? There should be NO question about deportation!

A drunk driver allegedly hit and killed a homeless pedestrian, then drove for a mile with his body wedged in her windshield.

Police said Esteysi Sanchez Izazaga, 29, who goes by Stacy Sanchez, drove her car onto the sidewalk and hit the man at random.

Stacy Sanchez, 29, was arrested outside her Oceanside, California, home on Monday morning after she ran away from her wrecked car with the victim still stuck inside.

The defendant ran to her home — located about a block away — and was arrested by police an hour later, the prosecutor said. Sanchez still had shards of glass in her hair when she was taken into custody, McLeod said.”

….Read more @ 100percentfedup.com

 

Dead ISIS Terrorist Was On Welfare Rolls in Maine

– Americanlookout.com

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Terrorists know that all they have to do is come to America as immigrants and they can use our own generosity against us. One man from Iran did just that in Maine.

The Daily Caller reports:

Deceased ISIS Terrorist Was On Maine’s Welfare Rolls

Adnan Fazeli lived in Freeport, Maine with his wife and children. An Iranian refugee, he worked several jobs between 2009 and 2013, before boarding a plane to Turkey without his family.

He never returned. Documents released earlier this month show he became an ISIS fighter and was killed by Lebanese forces in January 2015. And during his four years, he and his family used federal and state welfare programs that The Boston Herald reports allowed him the time to self-radicalize over the Internet.

Maine Governor Paul LePage reacted strongly to the news. “I’m having [the Maine Department of Health and Human Services] look at our welfare rolls closer,” he said last week. “All the other states should look at the eligibility, too.”

According to LePage, the federal government is at fault for letting Fazeli in the country. “If people need to eat, I’ll feed them. But I want to keep Americans safe,” LePage said. “This is very embarrassing to the state of Maine, and I point the finger at the president and say, ‘How did this happen?’ If the federal government doesn’t do their job we don’t know what we’re getting.”

…Continue reading @ Americanlookout.com

 

Ret. Lt. Gen. Flynn: Terror-Linked Nations ‘Cutting Deals’ with Mexican Cartels to Enter U.S.

– Breitbart

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“Retired Lt. Gen. Michael Flynn, the former head of the Defense Intelligence Agency (DIA), tells Breitbart News Daily on SiriusXM that countries that are known to support radical Islamic terrorism are “cutting deals” with Mexican cartels for access to human smuggling routes into the United States.

Citing photos from the U.S. Border Patrol component of the Customs and Border Protection (CBP) agency on Friday, Gen. Flynn also told Washington Political Editor Matthew Boyle, host of Breitbart News Daily, that there are signs in Arabic posted along human smuggling routes at the section of the border that lies in Texas providing directions for how to sneak into the United States.

Moreover, the former DIA chief said that the Shiite Lebanese narco-terrorist group Hezbollah, an Iranian proxy, is illegally trafficking humans, drugs, and other contraband into the United States.

His comments echo recent warnings from the U.S. military, suggesting that criminal groups in Latin America may be collaborating with Islamic extremist organizations.”

….Read more @ Breitbart

Open Borders and a Growing Protected Class of Criminals | June 2016

Arson Suspect Charged in Murder of Five Was ‘in the United States Illegally’

– Breitbart

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“Twenty-one-year-old Johnny Josue Sanchez allegedly “started the fire to avenge a beating he took in a dispute over occupying a room” in a building used by homeless people.

According to the Los Angeles Times, Sanchez “had [already] been arrested three times” this year. The first arrest was in January on “suspicion of domestic violence.” He was arrested again in May and June on “suspicion of drug possession.” Prior to these, he was “arrested by border patrol agents in 2012 for illegally entering the country at the southeastern California border.”

Sanchez was released following the border arrest because he had no previous charges. He was required to check in with ICE, but he ceased showing up in August 2014. Customs Enforcement spokesperson Virginia Kice explained that ICE did not search for Sanchez because he had no criminal record, and they “focus on individuals who pose a public safety threat.”

“Sanchez now faces murder and attempted murder charges, which could bring the death penalty.”

Five homeless people, “three men and two women,” died in the blaze that was allegedly set by Sanchez.

….More @ Breitbart

 

Illegal Re-entry Charge dropped against immigrant activist who took refuge in church after illegal Re-entry

– Yahoo News

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Aguirre came to the U.S. from El Salvador illegally in the 1990s, and was deported in 2000 after he was caught selling heroin and cocaine in Portland.

“The U.S. Department of Justice has dropped a charge of illegal re-entry against an immigrant activist who took refuge at an Oregon church in 2014 to avoid deportation.

Assistant U.S. Attorney Greg Nyhus wrote in a May 27 motion to dismiss the charge against Francisco Aguirre that it was “in the interest of justice.” Nyhus and a spokeswoman for the U.S. Attorney’s Office in Portland did not return messages seeking further explanation Friday.

Aguirre, the father of two children who are U.S. citizens, still faces possible deportation. He said in a statement he wants immigration authorities to stop targeting his family.

“This initial victory is proof that when we come together, we can win,” Aguirre said. “The only way to ensure justice for migrants is if we come together as a community and defend our basic human rights.”

Aguirre came to the U.S. from El Salvador illegally in the 1990s, and was deported in 2000 after he was caught selling heroin and cocaine in Portland.

He re-entered the country and became an immigrant-rights activist and the coordinator of a nonprofit that runs a day labor center. He came to the attention of immigration authorities in 2014 following an arrest for driving under the influence.

Asked for an update on the status of his case, U.S. Immigration and Customs Enforcement spokeswoman Lori K. Haley said in an email they weren’t going to speculate on the case’s next steps.

“The Department of Homeland Security’s immigration enforcement focus continues to be on individuals who pose a public safety threat, including those with prior felony drug trafficking convictions,” Haley wrote.

But Olga Tomchin, staff attorney for the National Day Laborer Organizing Network, said an ICE agent recently served Aguirre with notice that it plans a fast-track deportation process that doesn’t include a hearing before an immigration judge.

Tomchin said the process is generally reserved for people serving a prison sentence, with the idea that they will be returned to their home countries immediately after their release. It’s unusual, she said, for it to be used against someone based off a conviction from 1999.”

….Continue reading @ Yahoo News

  – Seems for some illegal aliens, there are no legal consequences for criminal behavior. Are illegal aliens now a protected class under Obama? At the rate they are released after committing crimes it would seem so./CJ

    – The local paper in Portland covered the same story but the comments are decidedly against making this guy a hometown hero:  Oregon Live

Some Houston illegal immigrants get probation for crimes

– Houston Chronicle

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“Bayron Orlando Euceda, an illegal immigrant from Honduras, did not serve a day in prison for sexually assaulting a 13-year-old Houston girl.

Instead, a Harris County judge sentenced the 21-year-old to eight years deferred adjudication, a form of probation. A sticky note on his plea agreement reads, “Best interest of victim.”

“That’s incredible,” said Andy Kahan, director of the Houston Mayor’s Crime Victims Office and a former probation officer, after thumbing through Euceda’s court paperwork. ”The best interest of the victim would have been to have that guy locked up.”

A Houston Chronicle investigation found 330 cases involving defendants sentenced to some form of probation in Harris County — despite admitting to the jailer upon their arrest that they were in the country illegally.At least 44 of those cases involved defendants who later had their probation revoked and were sent to prison or who now have outstanding arrest warrants, the investigation found.

Slightly more than half of the 330 cases involved felony charges. In a handful of cases, illegal immigrants under the county’s supervision later were accused of committing serious crimes, including aggravated assault and sexual abuse of a child.

The review was based on arrest, immigration and court records for more than 3,500 inmates who said they were in the country illegally when they were booked into jail over a span of eight months, starting in June 2007, the earliest immigration documents available.

The Chronicle’s investigation found:

  • A shortage of Immigration and Customs Enforcement agents assigned to screening inmates at the county’s jails, which has allowed illegal immigrants eligible for deportation to end up on probation. ICE agents filed paperwork to detain only one in four inmates who admitted they were undocumented during the Chronicle’s review period.
  • The Harris County District Attorney’s Office lacks an official policy on offering probation to illegal immigrants.
  • Prosecutors and pretrial service officers frequently lack access to accurate information about defendants’ immigration status when preparing reports for judges. As a result, some judges say they often know little about the immigration status of defendants before sentencing.
  • Once illegal immigrants are sentenced to probation, there is no streamlined process to cull them from supervision rolls. Harris County probation officers try to help ICE agents whenever possiblebut lack the means and manpower to verify probationers’ immigration status, said Ray Garcia, deputy director of operations for Harris County Community Supervision and Corrections Department.
  • Robert Rutt , special agent in charge of the ICE criminal investigation office in Houston, said ICE officials “triage and tend to go after the worst of the worst” of immigrants who are sentenced to probation and released from jail but who are eligible for deportation. ICE has improved screening in Harris County’s jails in recent months and has stepped up efforts to catch immigrants who have not complied with an order from an immigration judge to leave the country.

For example, in the 2008 fiscal year, Houston’s fugitive teams made 1,587 arrests, up 28 percent from 2007, ICE officials said. Nationally, ICE fugitive teams made nearly 34,000 arrests — more than double the number two years ago.

Case draws criticism

The practice of sentencing illegal immigrants to probation attracted sharp criticism after an illegal immigrant from Mexico killed Houston police officer Rodney Johnson .

Juan Quintero, who is serving a life sentence for the murder, had several DWI convictions and was sentenced to deferred adjudication for indecency with a 12-year-old girl in 1999. Quintero was deported but returned to Houston illegally and shot Johnson on Sept. 21, 2006.

Johnson’s widow, Houston police Sgt. Joslyn Johnson, said she hopes for a policy change that would stop illegal immigrants from ending up on probation, saying prison time would be more of a deterrent to coming back to the U.S. illegally.

“They broke the law when they came into the country illegally, and if they’ve committed another crime on top of that, I think they should be automatically deported,” she said. “They should not be allowed to stay in the country on probation.”

Some lie about status

Euceda’s case highlights the system’s shortcomings in not identifying illegal immigrants early on.

Euceda told jailers when he was arrested on the sexual assault charge in July 2007 that he was in the country illegally. He filled out court paperwork saying he was from Honduras. There is no record of ICE agents filing paperwork to detain him.

In November 2007, state District Judge Jim Wallace signed off on a plea agreement that granted Euceda deferred adjudication, a form of probation that allows defendants to avoid a formal conviction if they successfully complete the terms of their supervision. The prosecutor on the case, Connie Spence, declined comment through a district attorney’s spokesman.

Wallace said he did not remember the case but likely did not know Euceda was undocumented.

“My policy is not to give deferred (adjudication) or straight probation to anyone who is here illegally because I’m of the opinion that there is that much more of a reason for that person to flee the jurisdiction,” he said.

Wallace said he generally asks a defendant’s attorney whether the client is undocumented before signing off on a plea, but he said that is probably not a very reliable measure.

Some defendants lie about their immigration status and are sentenced to probation, “and then next thing we know, they’re gone,” Wallace said.

He added: “Effectively, they’ve committed whatever offense they’ve committed for free. … It’s irritated me for years.”

Euceda was released from Harris County Jail after signing the plea agreement on Nov. 30, 2007, and was picked up by immigration agents five days later. He was formally deported to Honduras in April.

On Aug. 9, U.S. Border Patrol agents caught Euceda trying to sneak back into the U.S. through West Texas, court records say. He was charged with illegal re-entry after deportation. His case is pending.

Separating issues

While some judges said they were simply unaware of a defendant’s immigration status, others said the status should not matter.

George Godwin, a Harris County district judge, sentenced 19-year-old Hugo Sanchez to eight years’ deferred adjudication in February for having sex with an 11-year-old girl. Immigration officials filed paperwork to detain Sanchez within two days of his arrest in September 2007.

Godwin could not comment specifically on the Sanchez case, but he said he generally tries to keep immigration issues separate from the criminal cases.

“We don’t do immigration work here,” he said. “That’s one reason why it gets sticky and it gets complicated. You just sort of have to divorce yourself here from the immigration problems.”

Kelli Johnson, the prosecutor in the Sanchez case, declined comment through the District Attorney’s Office spokesman. Sanchez’s attorney did not return phone calls.

Asked whether probation or deferred adjudication is an appropriate punishment for someone facing deportation, Donna Hawkins, a spokeswoman for the Harris County District Attorney’s Office, said, “I don’t know how to answer that question.

“We would, as prosecutors, want to see that justice is done,” she said. “If we knew the defendant was going to be immediately deported, in most cases we would not offer a probation they could not complete. If that happens, obviously, we would not feel justice is being done because they’re not being punished, aside from possibly deportation.”

Patrick McCann, a Houston defense attorney, said defendants should be eligible for probation regardless of their immigration status.

“Judges cannot as a matter of due process and equal protection say you’re not eligible because you don’t have documentation,” McCann said. “First off, it’s not a state judge’s call, ever. It’s not their business. It’s not their jurisdiction.”

Again and again

Israel Lopez , an illegal immigrant from Mexico, finished a seven-year Texas prison sentence in July 2006 for aggravated sexual assault of a child and was turned over to ICE agents, prison records say. ICE officials confirm he was deported in August 2006.

Less than a year later, in June 2007, Lopez was arrested again on suspicion of assaulting a Harris County sheriff’s deputy and told jailers he was in the country illegally, records say. Lopez was sentenced to eight months in jail. There is no record of ICE filing paperwork to detain him then.

In February, Lopez was arrested again, charged with assaulting his wife. He was sentenced to probation by a visiting Harris County Criminal Court-at-law judge. A motion was filed to revoke his probation after the Chronicle asked the sitting judge, James Anderson, about Lopez’s sentence. Lopez is now a fugitive, according to court records.

Breaking their word

Other illegal immigrants have slipped through the system by not divulging their legal status.

In 2001, a federal immigration judge told Teodorico Cespedes, a native of Costa Rica, to leave the U.S. but allowed him to opt for “voluntary departure,” meaning Cespedes agreed to leave on his own terms, rather than be formally deported. There is no evidence that Cespedes ever returned to his home country.

In January 2007, Cespedes was arrested and charged with assault in Houston. He never told jailers or court officials that he was in the U.S. illegally, records say. A judge sentenced him to one year of community supervision, and he was released from jail after immigration officials didn’t file paperwork to detain him.

Ten months later, Cespedes was charged with aggravated sexual assault of a child, accused of raping and sodomizing a 4-year-old girl. He is being held without bail, pending his January trial date.

Harris County Criminal Court-at-law Judge Reagan Helm, who sentenced Cespedes on the original assault charge and opposes putting illegal immigrants on probation, said he was not aware of Cespedes’ immigration status.”

…Continue reading @ Houston Chronicle

 

 

 

VICTIMS OF ILLEGAL ALIENS

MEMORIAL

In honor of the thousands of American citizens killed each year by Illegal Aliens. 

Deaths that could have been prevented if Congress and the President would have secured our border and enforced existing U.S. immigration laws.

Grant Ronnebeck, 21

tn_Grant R (1)

Son, Friend

Allegedly murdered by

Apolinar Altamirano, 29

Apolinar Altamirano, 29,  an unauthorized Mexican illegal alien DREAMer, has been  arrested for the January 22, 2015 first-degree murder of  Phoenix Quick Trip store clerk Grant Ronnebeck, 21.

Altamirano is accused of shooting Ronnebeck and stealing two packs of cigarettes after the 21-year-old clerk demanded payment before giving Altamirano any cigarettes.

The murder was recorded on the store’s security camera and police captured Altamirano after a high speed chase in Phoenix.

Altamirano had previous run-ins with local police and Immigration and Customs Enforcement.  In 2012, he pleaded guilty to facilitation to commit burglary and got probation but was placed in deportation proceedings.

Before the murder of Ronnebeck, Altamirano was released on a $10,000 bond in 2013 from ICE custody despite the defendant’s own claims of ties to the Mexican Mafia.  After his release, but before Ronnebeck’s murder, Altamirano also allegedly threatened to kill two people, resulting in  harassment injunctions against Altamirano.

Altamirano reportedly entered the U.S. illegally at the age of 14 and prior to his arrest, worked illegally as a landscaper.

OJJPAC note:  Another senseless murder of  a young US citizen, who was also a son, brother, nephew and friend to many.  Grant’s life was viciously taken while earning an honest day’s pay…” allegedly” by an illegal alien from Mexico who obviously has contempt for our laws and the rights of our citizens.  This young man’s blood is on the hands of the Obama administration and those who support Obama’s non-enforcement immigration directives.   The Obama administration’s conduct defies common sense.  The harm it has caused has been of  such an egregious nature, all its policy architects deserve the title of  saboteur if not traitor, and all should be prosecuted for their acts of public malfeasance.

Source: Suspect in Mesa QT killing faced deportation proceedings, By Arizona Central, 1-27-15

 

Jesse Benavides, 33

 Son, Father, Fiancée, Brother, & Friend

Murdered by

Santana Gaona, 34

Santana Gaona,  a 33-year-old  illegal alien had been arrested and put on tril for the 2011 murder of Jesse Benavides, 33, of Dallas, Texas.  On April 16, 2015, a jury found Gaona guilty of murder and the trial judge sentenced Gaona to 50 years in prison.

Jesse Benavides was shot and killed while attending a children’s birthday party at a home in west Oak Cliff.  Gaona shot Benavides 7 times in the back after an argument at the party.

After the murder, the Benavides family found out that Gaona had been in the U.S. illegally and and been arrested for rape and was flagged for transfer to the Department of Homeland Security for deportation proceedings after release from jail.  However, the FBI intervened and had the immigration hold removed because Gaona had  been an FBI informant.  So Gaona was eventually released from jail and remained in Dallas.

The Benavides family is still attempting to get answers to their questions regarding how Gaona was allowed to remain in the U.S. after being identified as a criminal illegal alien.

Jesse Benavides senseless murder has traumatized his family.  He is survived by a 10-year-old son (who witnessed his father murder), his former  fiancée, a brother, Juan Benavides, and other family and friends.   Benavides was a loving father who enjoyed watching the Dallas Mavericks and playing practical jokes on family and friends.

Source: Justice Not Served: Family of Victim Slain by Illegal Immigrant Blasts U.S. ‘Negligence’ for Not Enforcing Own Laws, By Sara Carter, The Blaze.com, 12-3-13; Dallas man gets 50 years in prison for fatal shooting at children’s party, By Tasha Tsiaperas, The Dallas Morning News, 4-16-15″

….Continue reading @ www.ojjpac.org/memorial.asp