Friday, December 19, 2014

Mexican Official In Arizona Unwittingly Opens Up Avenue To Attack The Expansion Obama Regime Administrative Amnesty

A traitorous Mexican police chief, ostensibly an American citizen, but obviously loyal to Mexico and Mexicans, has announced that it will not enforce portions of the Support Our Law Enforcement and Safe Neighborhoods Act, an Arizona statute commonly and mistakenly referred to as Senate Bill 1070.

Star-Tribune, December 17, 2014, by Astrid Galvan , Associated Press
Tucson, Arizona, Police Say They Will No Longer Check Immigration Status In Some Cases
TUCSON, Ariz. — Tucson police said Wednesday they will no longer fully enforce the state's landmark immigration law that requires local police to check the immigration status of people they encounter while enforcing other laws.
Chief Roberto Villaseñor said his officers will now only check immigration status and call the U.S. Border Patrol when a person has prior serious felony convictions, poses a threat to national security or has gang affiliations.
The criteria was set out for federal immigration authorities in an executive order issued last month by President Barack Obama intended to prioritize offenders for deportation.
The Arizona law, SB 1070, requires police, while enforcing other laws, to question the status of people suspected of being in the country illegally.

Now, the Mexican police chief has an excuse:

Villaseñor cited a provision in the law that says police should only enforce it when it is practical. He contends it is no longer practical because immigration authorities do not respond to calls by police in the vast majority of cases.
Tucson officers have placed about 11,000 calls to the Border Patrol since July on such matters and only received 94 replies, the chief said.
"So it's really a futile effort," he said.

And he is open that this is only a rationalization, as he supports illegal immigration and massive violations of Federal law.  Note that all employees, including police officers, in Tucson take an oath to support and defend the Constitution and laws of the United States as well as that of the State of Arizona.

Villaseñor has been a vocal opponent of the law but has said he is obligated to enforce it.

Of course, he feels an obligation to enforce it, but he isn't enforcing it.

However, this opens up the Obama Regime to a challenge in court to its illegal and unconstitutional Administrative Amnesty.

In fact, the Department of Homeland Security is obliged to respond and act when contacted by State and local law enforcement regarding illegal aliens.  Title 8 United States Code (USC) Section 1226 instructs the Secretary of the Department of Homeland Security to create and maintain a system supporting State and local law enforcement in the area of immigration law.  For the uninitiated, all references to the Attorney General in the Immigration and Nationality Act (Title 8) were made applicable to the DHS Secretary by the Homeland Security Act of 2002.

Legal Information Institute, Cornell Law School

(d) Identification of criminal aliens
(1) The Attorney General shall devise and implement a system—
(A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens;
(B) to designate and train officers and employees of the Service to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and
(C) which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony, and indicates those who have been removed.

Furthermore, section (c) 8 USC 1226 requires the Secretary of the Department of Homeland Security to take into custody all illegal aliens.

(c) Detention of criminal aliens
(1) Custody
The Attorney General shall take into custody any alien who—
(A) is inadmissible by reason of having committed any offense covered in section 1182 (a)(2) of this title,
(B) is deportable by reason of having committed any offense covered in section 1227 (a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,
(C) is deportable under section 1227 (a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence  to a term of imprisonment of at least 1 year, or
(D) is inadmissible under section 1182 (a)(3)(B) of this title or deportable under section 1227 (a)(4)(B) of this title,
when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.

Now, much has been made of a legal challenge to the Obama Regime Administrative Amnesty, as the concept of standing requires either authority to challenge the constitutionality of the law from legislation or a constitutional standing.  Generally, legislation and the Constitution requires the litigant to have suffered a harm.

In this case where the law requires DHS to respond and take custody of illegal aliens.  But DHS is not responding to its legal obligation. Congress by legislation mandated that DHS respond to State and local law enforcement who encounter illegal aliens. This gives every State and local government if it has a law enforcement function, as all do, legal standing to challenge the ongoing Obama Regime Administrative Amnesty for criminal aliens if the Regime does not respond to arrests of illegal aliens.  

This does not excuse or indemnify the RINO leadership John Boehner and Mitch McConnell from their failures and political consequences, but the reviews to date by courts show that all aspects of the Administrative Amnesty are unconstitutional. A challenge just needs a State or local government to take action, or a DHS employee to refuse to implement the Administrative Amnesty and wait upon  DHS to initiate disciplinary action, creating the injury that a litigant needs to sue on the amnesty issue.

Monday, December 15, 2014

Conclusive Evidence Immigration Enforcement Is Good For American Workers

Well, at least legal workers.  The culinary workers at San Francisco International Airport went on a one-day strike for higher wages and job security.  Most workers at SFO are legal immigrants; predominately Filipino, Mexican, and Chinese immigrants, but not exclusively. 

SFGate December 14, 2014 by Victoria Colliver
Union Eatery Workers End Strike At SF Airport
Restaurant workers at San Francisco International Airport returned to work Saturday morning, ending a two-day strike.
The strike involved as many as 1,000 workers who’ve been working without a contract for more than a year, according to the union, Unite Here Local 2. The union said the walkout prompted the closure of 80 percent of the airport’s restaurants.
“This limited walk out was intended to send a clear message,” said Jesse Johnson a bartender at the Buena Vista Café and a member of the union’s executive board, in a statement. “Workers at SFO’s restaurants are determined to win the job security protections and health care coverage we deserve. Hopefully, these restaurant companies heard that loud and clear, but we are prepared for any eventuality.”

However, what separates airport workers from the general service industry worker is that there is a de facto E-Verify program for employment at an airport.  In a little known program, U.S. Immigration and Customs Enforcement Special Victims Unit (ICE SVU) actually makes an effort in the critical infrastructure area to ensure that all workers are legal and identified.  The most prominent area of critical infrastructure enforcement is at airports.

Critical infrastructure in general, and airports in particular, are evidence that aggressive immigration enforcement and employment eligibility are essential elements in protecting American jobs and boosting living standards for legal workers.  More importantly, immigration enforcement protects wages, drives down welfare use, and alleviates poverty for workers who are on the left side of the Bell Curve.

Time to expand the experiment in immigration enforcement and employment verification from critical infrastructure to the whole United States.  The winners will be those Americans hardest hit by competition with illegal aliens.

Sunday, December 14, 2014

Latest On VDare

There’s an old saying among lawyers: “If you have the law, hammer the law. If you have the facts, hammer the facts. If you have neither the law nor the facts, hammer the table.” “Hammering the table” is an apt summary of the Obama Regime’s legal defense of its expansion of Administrative Amnesty.

We already know that the Obama Administration is violating the law even on its own terms. But it got the facts wrong too. In fact, the legal report written by Karl Thompson, Principal Deputy Assistant Attorney General at the Office of Legal Counsel, is so far off-base that it could have been written as a kind of parody. But since the Regime is serious, Thompson [Email him] needs to learn his fancy title doesn’t make him immune from accountability—and the Republican Party needs to impeach him if it is at all serious about opposing the President’s coup...[read more]

Contribute to VDare here.

Tuesday, December 9, 2014

Amnesty For Criminals Confirmed

This blogger identified the amnesty for criminal illegal aliens long ago, but more evidence has arisen from leakers that the Obama Regime plans a massive expansion of the amnesty for criminal illegal aliens and terrorists by not only allowing criminals and terrorists to remain, but continue to enter the United States.

Breitbart December 8, 2014 by Matthew Boyle
Leaked Docs: Usa Vulnerable To Criminals, Terrorists Entering Without Scrutiny After Obama Exec Amnesty
Under the executive amnesty immigration action from President Barack Obama, internal administration documents show the administration is considering allowing terrorists, transnational criminals, and anyone else who wants to enter or stay inside the United States to not even answer if they’ve ever been connected with a crime.
The internal Obama administration documents, obtained by Breitbart News through a Department of Homeland Security (DHS) source, include a draft application for illegal immigrants seeking to stay in the country and future prospective immigrants seeking to the enter the country.
On the draft application, applicants for “T nonimmigrant status” or for “U nonimmigrant status” are not required to answer a series of key questions about their background. T nonimmigrant visas are for people who are petitioning the U.S. government to be considered a “victim of a severe form of trafficking in person” and U nonimmigrant visas are for those seeking to be considered a “victim of criminal activity.”
Part of the president’s executive immigration action is to expand T and U visas. In order to engage in “[p]rotecting victims of crime and human trafficking as well as workers,” a White House fact sheet on the president’s executive action reads, “[t]he Department of Labor (DOL) is expanding and strengthening immigration options for victims of crimes (U visas) and trafficking (T visas) who cooperate in government investigations.”

So, despite claims that the ongoing amnesty does not include criminal illegal aliens, it does.

Monday, December 8, 2014

Corrupt Hispanic Officials Protecting Each Other From Criminal Prosecution

Hispanic corruption knows no bounds.  It extends even into those Hispanics who make it onto the bench and into the District Attorney's Office.  The Lower Rio Grande Valley  has the worst offenders, and the most Hispanics.  There is a correlation between Hispanics and official corruption and misconduct.

TribTown December 4, 2014 by Associated Press
DWI Charge Against South Texas Appeals Judge Dismissed; Prosecutor Cites Lack Of Evidence
McALLEN, Texas — The case against a South Texas judge charged with drunk driving has been dismissed.
Hidalgo County officials said Wednesday there is not enough evidence to prosecute 13th Court of Appeals Justice Nora Longoria. Judge Rolando Cantu dismissed the case against her last week.
District Attorney Rene Guerra tells the McAllen Monitor that Longoria didn't appear to have slurred speech in a recording at the jail. There isn't a recording of the traffic stop.
A McAllen police officer arrested Longoria in July. Police say she refused to let officers handcuff her or to provide breath and blood tests. They say Longoria told officers they would have to drag her to the patrol car.
Longoria is represented by Democratic state Sen. Juan "Chuy" Hinojosa of McAllen. Hinojosa didn't return the newspaper's requests for comment.

However, there is no lack of evidence, only racial solidarity among corrupt Mexican immigrants and their descendants:

NY Daily News December 6, 2014 by Meg Wagner
Police Release Dashcam Video Of Texas Judge Stumbling Through Sobriety Test Month After Court Drops Her DUI Charges
Court of Appeals Judge Nora Longoria was allegedly begged for leniency during her DUI arrest in July. Last month, the District Attorney’s office said it lacked enough evidence to prosecute and another judge threw out the case. The DA said it never got the dashcam video, which showed Longoria stumble through her failed sobriety test.
A month after a Texas court threw out a DUI case against a judge because it lacked strong evidence, police released dashcam video of her arrest that showed her stumble through a sobriety test.
The new video, recorded during a July traffic stop in McAllen, showed Nora Longoria struggling to walk a straight line, Action 4 News reported. She teetered and lost her balance several times during her failed sobriety test, the video showed.
But Hidalgo County Court at Law No. 8 Judge Rolando Cantu threw out the case last month, marking "other" for the reasoning.
Hidalgo County District Attorney Rene Guerra said her office never received the dashcam tape from McAllen police.

It appears there is a conspiracy among Hispanic officials to pervert the course of justice.  Now, the proprietor of JammieWearingFools says this is all about Democrats protecting each other, which is what Democrats do, but the more obvious commonality is their last names and national origin.

Convenient for one Democrat to represent another.
These Texas Democrats sure do love to get drunk.

No, it's the corruption and drunkeness that Hispanics bring to the United States.  It's part of their culture.  Perhaps we should reconsider birth right citizenship.

Sunday, December 7, 2014

Did Police "Choke" Eric Garner to Death? No, Not Even A Choke Hold

If your in a choke-hold, you won't be able to breathe or say you can't breathe. So endeth the lesson.

Friday, December 5, 2014

Will Kizzy Adoni Get The Stacey Koon Treatment?

The Eric Garner and Rodney King incidents are, in all aspects, amazingly similar.  The most obvious similarity is the common failings of black people, their unbelievably bad judgement when confronted with police officers seeking to make a lawful arrest. This is a problem that bedevils black men like Michael Brown, Tamir Rice, and Trayvon Martin.  Blacks seem to think that fighting lots of white men with guns is a good decision.  There is no substitute for stupid. (h/t Pat Dollard)

However, the Garner case is eerily similar to the King case in that both confrontations were on video and the facts just don't support the claims by the radical left that the police acted wrongly in any manner.  Even in the King case, where a kangaroo court ended with only two out of four of the cops involved convicted of a crime, even then, the judge considered only a few of the blows King received to have been illegal.

The real question though is will the New York Police Department (NYPD) supervisors on scene get the same railroading that Sergeant Stacey Koon got.

For a refresher, Koon was the supervisor on scene for the infamous, but over-hyped Rodney King arrest.  He was not indicted and convicted for any blows delivered to King, but for failing to stop the last illegal blows.

The issue then arises, will the racist Attorney General, Eric "My People" Holder, indict the one confirmed black NYPD sergeant who supervised the arrest of Garner?

WPIX 11 July 31, 2014 by Rolando Pujol
EXCLUSIVE: Police Report In Eric Garner’s Death Conflicts With Videos, Witnesses
The police report compiled by a commanding officer in the investigation unit on Staten Island describes how Eric Garner resisted arrest. Officers Pantaleo and Justin D’Amico also claim they had to get control of Garner, but never mentioned the use of a chokehold.
“He started choking on him,” a witness said. “Like real bad.”
The report also reveals the supervising officer who responded to the scene in plainclothes, believed to be Sergeant Dhanan Saminath, arrived on the scene once Garner was down.
The sergeant said he “did not observe the perpetrator (Garner) make any statements” and “did not appear to be in great distress.”
Another female sergeant, Kizzy Adoni, made a similar statement in the report. She “believed she heard” Garner say he was having difficulty breathing. Adoni also said “The perpetrator’s condition did not seem serious and he did not appear to get worse.”
But several videos documenting the incident show Garner clearly stating he cannot breathe at least eight times. At one point he is unresponsive.
Sgt. Saminath mentions he called EMS because Garner was having difficulty breathing, which conflicts with his earlier statement that Garner did not appear to be in great distress.

Kizzy Adoni is black.  Sergeant Saminath race is unknown, the surname is Tamil Indian in origin, Tamils, of course, are some of the darkest skinned Indians, nothing close the light skinned high-caste Aryans of northern India like Ragiv Ghandi.

Since all the officers, including Adoni, involved were immunized before the Grand Jury, it would be very difficult for the Department of Justice Civil Rights Division (CRD) to charge any of those officers. There would be near insurmountable obstacles for CRD to charge any of the officers since there would have to be a Chinese wall between the prosecuting Trial Attorneys from CRD and the local Assistant United States Attorney assigned to the case, as those attorneys and the assigned FBI agents would have to investigate the case from the begining without having any "knowledge" of any statement by those officers and sergeants, which would be nigh near impossible, as cross-contamination by their immunized testimony would taint most interviews.

Consequently, Holder would be forced to either immunize Adoni again, or charge her, as charging just the one officer, Daniel Pantaleo, who applied the take-down technique, would be impossible as one of his defenses would be that he acted to make the arrest at the direction of Sergeant Adoni, who failed to stop him from using the NYPD approved take-down technique nor instructed him to stop using the technique if it was an unapproved, and not illegal, for the record, choke-hold.

If Stacey Koon went to jail for failing to stop the final 6 baton blows on King, then if Pantaleo is indicted, then Adoni must be indicted, or she gets called as a defense witness that blows the case out of the water.

And if her testimony to the Grand Jury is reported correctly:

She “believed she heard” Garner say he was having difficulty breathing. Adoni also said “The perpetrator’s condition did not seem serious and he did not appear to get worse.”

Then Pantaleo walks, with egg all over Eric Holder's face, as well as that of the assigned AUSA and the CRD Trial Attorneys.  One thing to know about both, no AUSA or CRD Trial Attorney of any skill will take a loosing case.  So not only must Eric Holder indict a black woman, which blows the "hundreds of years of racism" narrative, it eviserates the basis for a civil rights charge, 18 United States Code, Section 242, Deprivation of Rights Under Color of Law:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year...

With Adoni in the mix, either as a witness or as a defendant, the basis for the charge is gone, for Adonis is locked in with her testimony to the Grand Jury, testimony that the take-down was legal and Garner had not problems well after the handcuffing was completed and it would be near impossible to prove Adoni and Saminath were hostile to black people.  And any responsibility for not administering first aid, CPR, or delay on requesting paramedics is hers and Saminath's as they were the supervisors on scene, not Pantaleo's.

Of course, this is all based on knowledge that Garner was in distress before he became unconscious, long after the take-down technique was stopped.

But several videos documenting the incident show Garner clearly stating he cannot breathe at least eight times. At one point he is unresponsive.

If you can talk, you can breathe.  Garner was shouting during the arrest, while supposedly in a choke-hold, and talking long after he was handcuffed.  It is clear that Garner's obesity and other health problems caused his death.

So, will Eric Holder indict the ham sandwich Sergeant Kizzy Adoni? Unlikely, but it could be done as CRD is well known for their dishonesty and bringing false charges.  Let's see if Eric Holder goes after one of his people.