Monday, March 29, 2010

The Obama Amnesty Confirmed

The Washington Post has confirmed the Obama Amnesty exists. (h/t Center For Immigration Studies) But all is not well in the Department of Homeland Security. There appears to be blowback directed at Janet Reno Napolitano who promised huge increases in the removal of criminal aliens, but Immigration and Customs Enforcement has been unable to deliver. ICE has been unable to deliver because the ICE Office of Investigations has stopped immigration law enforcement and left it to ICE Detention and Removal Operations. ICE DRO is the smaller of the two, and consquently deportations are down 33%. ICE DRO is panicking because they had developed a target of 400,000 total deportations this year and despite a 40% increase in deportations of criminal aliens, they will only reach 310,000 deportations this fiscal year, down from 387,000 total deportations last fiscal year. Of course, this is all meaningless if there are between 11 and 20 million illegals here, much less the huge numbers of legal immigrants who are deportable for various reasons. The crux of the problem is that deporting a criminal is not as easy as the Washington Post claims. They quote an unidentified agent from the ICE DRO San Francisco office, hhhmmm, I wonder who that is, who claimed that ICE DRO officers (by the way, ICE OI has agents, ICE DRO has officers.) are concentrating on "easy" deportations of drunk drivers and other minor crimes rather than making a case against a legal resident with multiple criminal convictions.

Well, this is a strange source, as whoever it is is completely incorrect. What perhaps he meant to say is that an alien unlawfully present and discovered in the custody of a state prison system or local jail is easier to remove than a legal permanent resident (LPR) with a criminal conviction. The Post is not clear on this, but in any event, "easy" is a relative term. The paperwork that an officer completes for either is about the same. The difficult part is whether an alien will fight his removal. While it is "easy" for an LPR to fight deporation, it is not cheap or fast. But an alien unlawfully present can also fight deportation on many of the same grounds as an LPR. An illegal alien can claim asylum, can fight the deportation with an attorney, can either be or get married to an LPR or American citizen, and can claim that deportation will have a negative impact on a relative. As a matter of fact, an LPR with multiple criminal convictions has little claim on not being removed except if he can afford a good immigration attorney. It is the ICE Office of Counsel that has to do most of the work in deportations, the officers just fill out a few forms and send the completed file to the Office of Counsel.

Of course, the smart illegal in this situation, especially if he is illegal and not yet convicted, such as those in pre-trial detention, will accept deportation, just to be able to come back as soon as possible. Without the fence, there is little to keep them out, and Obama is cutting the Border Patrol, resulting in more illegals entering, including those previously deported.

But in any event, convincing the low hanging fruit encountered in state prisons and local jails will not produce much, except in those jurisdictions using Secure Communities or 287(g) authority, or those like Sheriff Joe Arpaio in Maricopa County who exercise their inherent authority to enforce federal law, as there just aren't that many illegals in custody somewhere in the U.S. Most illegals, like most other criminals, are not caught for their crime, but are out roaming the U.S. Neither ICE OI or DRO are making any effort to arrest any illegal alien not previously arrested or living with an illegal previously arrested. ICE is completely ignoring the real low hanging fruit who use the Social Security Number 000-00-0000 on their paychecks or use non-existent SSNs that the Social Security Administration and the Internal Revenue Service know about right now. How about we start there and send ICE agents and officers out to arrest those illegal aliens? They would get to 400,000 illegal aliens in about one month of operations.

Of course, ICE and Janet Reno Napolitano don't want to do that. But they will have to accept that the public will soon learn about the Obama Amnesty that is ongoing as we speak.

Here is the Obama Regime's response to the fear in ICE DRO that they will not make their numbers:

"ICE spokesman Brian P. Hale distanced the agency from Chaparro's remarks, saying, 'Portions of the memo were inconsistent with ICE, inconsistent with the administration's point of view and inconsistent with the secretary.' He added that the agency has moved to 'clarify' the situation."

Basically, the Regime's position is that no illegal aliens should be arrested. ICE has got the message, sort of, as there still appear to be some law abiding patriots left. But I think James M. Chaparro's days are numbered, unless he is convinced to drink the Obama Kool-Aid.

Another reason that the deportation process has slowed is the failure of the Obama Regime to implement the use of expited removal of criminal aliens. The law gives DHS the authority to remove criminal aliens without use of the immigration court process, but neither Bill-Jeff Bentpecker, Jorge Bush or Baraka Hussein Obama have implemented expidited removal for criminal aliens since the law was enacted in 1996.

What I would like to know is what portions of Chaparro's email or memorandum are "inconsistant" and what part of the law they are inconsistant with. Remember, Obama took an oath to faithfully administer the laws of the United States. Not to ignore some. Can anyone say impeachment?

As an aside, the ICE DRO officers are paid less than the ICE OI agents, GS-12 for Deportation Officers (and the even lower paid Immigration Enforement Agents, GS-11 a lower paid version of the Deportation Officer) and GS-13 for Special Agents, even though DOs and IEAs do alot (scroll down) more work than agents, who, by the way, waste millions of dollars every year using their government provided vehicles commuting to and from work. Not only are they paid more but they have a free commute courtesy of the taxpayer. In general, ICE Special Agents are a useless bunch, more concerned about a complaint letter from the public for arresting someone than doing their job. Most federal agencies get little or no cooperation from ICE SAs as they are constantly making up reasons for not arresting an illegal alien than acutally makeing an arrest.

UPDATE: 04/01/10

While John Morton, Assistant Secretary for ICE and his spokesmouth Hale have said the "memo" was withdrawn and replaced, there does not appear to be any evidence that either the e-mail, not a memorandum, from Chapparo has been superseded nor has the evauluation standards memorandum for IEAs. No one has seen the superseding memorandum or other written instructions.

UPDATE: 04/01/10

Chapparo's rather obsequious sort-of limited modified hang-out semi-reversal. Keep following the rules that support the amnesty. Sort of:

"To be clear, ICE employees should continue to enforce immigration laws and this memorandum should be not construed to prohibit the removal ofother aliens unlawfully in the United States."

So, just what is ICE DRO policy? Will you reach the targeted 400,000 aliens deported and the legal mandate to keep all beds filled? Who knows. Time will tell.

However, Morton's memorandum to Field Office Directors of DRO is quite clear and actually contradicts Chapparo's memorandum. Morton does not consider aliens enountered in jails to be criminals unless they have been convicted of a crime. So those arrests will not apparently count for some reason. This is even more shocking when Morton doesn't even consider it a crime to enter the United States illegally. Apparently the crimes of entering without inspection, Title 8 United States Code Section 1325 Entry Without Inspection and comming fraud against the United States during an application for admission, Title 18 USC 1001 False Statements, Title 18 USC 1546 Misuse of Visas, and Title 18 USC Section 1015 False Statement in Immigration Proceeding, are not crimes. Nice to have a leader of Immigration and Customs Enforcement who does not consider it a crime to violate federal criminal law.

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