Saturday, July 11, 2009

Ending 287(g)

Janet Reno Napalitano announced today that she was effectively ending the 287(g) section of the the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996. This section of the Act allowed for training in immigration enforcement of local law enforcement agencies and their ability to present cases to the Executive Office for Immigration Review of removeable aliens without assistance from Immigration and Customs Enforcement (ICE).

The announced intent of the change in regulations that would prohibit the use of enforcement authority unless the local agency was going to follow through with criminal charges. However, the real intent was to discourage the use of 287(g) authority, as most agencies used the authority on predominately, but not exclusively, on minor crimes committed by illegal aliens. Most illegals are encountered by local agencies for for major crimes, like murder or robbery, but for minor offenses, especially traffic offenses. This is why 287(g) has been so effective in localities like Maricopa County under Sheriff Joe Arpaio. Using his inherent authority and 287(g) authority, he has arrested more illegal aliens in Maricopa County than ICE has since its inception in 2003. It makes no sense for a local agency to pursue prosecution of minor crimes committed by illegal aliens since most traffic and misdemeanor offenses are punished by fine or probation. It is much more cost efficient to remove the alien than go through the expense of prosecution when the potential punishment is so insignificant.

John Morton, Undersecretary for ICE, a man who never before managed a law enforcement agency or made an arrest, gave it away. Here is the money quote:

'The 287(g) program is an essential component of DHS’ comprehensive immigration enforcement strategy,” said ICE Assistant Secretary John Morton. “The new agreement strengthens ICE’s oversight of the program and allows us to better utilize the resources and capabilities of our law enforcement partners across the nation.” ' Which is actually a lie. It actually will utilize the resources and capacities of local law enforcement less. It will result in fewer aliens arrested and removed. Which is the Obama Regime's purpose, arresting adn removing fewer illegal aliens, so that they will remain in the U.S. and be available for the upcoming amnesty.

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