Wednesday, June 30, 2010

Official Guidance On Non-feasance

Or, ICE's "priorities" for not doing their job, but getting well paid for it. ICE has announced, or re-announced, their non-enforcement policy. Re-announced as the policy of not enforcing the laws of the United States has a long official predigree starting with the useless Doris Meissner of Clintong Regime fame, the clueless Julie Myers of the Jorge Bush Administration, and ending with the illegal alien booster John Morton of the Obama Regime:

In the meantime, ICE officers and attorneys should continue to be guided by the November 17, 2000 prosecutorial discretion memorandum from then-INS Commissioner Doris Meissner; the October 24, 2005 Memorandum from Principal Legal Advisor William Howard; and the November 7, 2007 Memorandum from then-Assistant Secretary Julie Myers.

Unofficially it started under Bush I with the legacy INS declaring San Jose, CA, a sactuary city, but officially it started with Billy Jeff Bentpecker. What Morton does in this policy memorandum is to spell out clearly for those in ICE the "priorities" of the administration in the enforcement of immigration law. Of course, at the top, is the removal of terrorists, national security threats, and their co-conspirators.

Priority 1. Aliens who pose a danger to national security or a risk to public safety

The removal of aliens who pose a danger to national security or a risk to public safety shall be ICE’s highest immigration enforcement priority. These aliens include, but are not limited to: aliens engaged in or suspected of terrorism or espionage, or who otherwise pose a danger to national security;

Except that ICE does not remove alot of terrorists. Those that are caught in the U.S. are usually put in prison for life. ICE did not catch the Times Square bomber, the Fort Dix terrorists, the North Carolina terrorists, the JFK Bomber terrorists, the Russian spies, etc. They all lived fat, dumb and happy in the U.S. unconcerned about ICE, as ICE is useless in finding terrorists before they commit their acts of terrorism. Why, because ICE is unconcerned about you if you haven't been identified as a terrorist. Because you are not one of their priorties. If someone reports a terrorist as an illegal alien, ICE will ignore that report, unless they also know you are a terrorist. At which time the FBI will step in and arrest that illegal for his terrorist or espionage activity. And you might want to ask Morton where the missing Somali terrorists are. ICE still has not found the 300 odd terrorists who were smuggled into the U.S. by an ICE informant. It is hard to believe Morton is really concerned about terrorism if his own agency is smuggling terrorists. For instance, a Muslim association has announced that it supports attacks on Americans, but none of them are under ICE investigation. Most are likely either legal immigrants, non-immigrants under the R visa or citizens. They hate America and support waging war and terrorism on the U.S., but ICE has done nothing. Interestingly Morton states that ICE has the capacity to remove 400,000 aliens a year, but we also know that they are falling well short of that goal, even with more money from Congress this year.

ICE, however, only has resources to remove approximately 400,000 aliens per year, less than 4 percent of the estimated illegal alien population in the United States.

Morton then makes clear that the policy will to not be arresting, detaining or removing any aliens other than those listed as priorities.

In light of the large number of administrative violations the agency is charged with addressing and the limited enforcement resources the agency has available, ICE must prioritize the use of its enforcement personnel, detention space, and removal resources to ensure that the removals the agency does conduct promote the agency’s highest enforcement priorities, namely national security, public safety, and border security.

He makes it crystal clear that no aliens other than Osama Bin Laden and your average serial killer are to be detained:

C. Detention

As a general rule, ICE detention resources should be used to support the enforcement priorities noted above or for aliens subject to mandatory detention by law. Absent extraordinary circumstances or the requirements of mandatory detention, field office directors should not expend detention resources on aliens who are known to be suffering from serious physical or mental illness, or who are disabled, elderly, pregnant, or nursing, or demonstrate that they are primary caretakers of children or an infirm person, or whose detention is otherwise not in the public interest. To detain aliens in those categories who are not subject to mandatory detention, ICE officers or special agents must obtain approval from the field office director. If an alien falls within the above categories and is subject to mandatory detention, field office directors are encouraged to contact their local Office of Chief Counsel for guidance.

An unwritten law of the legacy INS and the new ICE is that whenever you are instructed to "consult with Counsel" what you should really do is release the illegal alien. Consulting Counsel is code for don't do anything that may result in an arrest. The crowning end of the don't do anything policy is "Prosecutorial Discretion," an undefined concept in law, but really meaning don't arrest or detain illegal aliens despite the fact that that is why ICE exists.

D. Prosecutorial discretion

The rapidly increasing number of criminal aliens who may come to ICE’s attention heightens the need for ICE employees to exercise sound judgment and discretion consistent with these priorities when conducting enforcement operations, making detention decisions, making decisions about release on supervision pursuant to the Alternatives to Detention Program, and litigating cases. Particular care should be given when dealing with lawful permanent residents, juveniles, and the immediate family members of U.S. citizens. Additional guidance on prosecutorial discretion is forthcoming.

Basically he is saying that legal permanent residents, juvenile gangbangers and illegals, and illegal relatives of U.S. citizens have free reign. In other words, Don't Arrest Them! Also included are illegals going to university, illegals stopped by local police, illegals in Arizona, etc. He, of course, gives himself cover:

Nothing in this memorandum should be construed to prohibit or discourage the apprehension, detention, or removal of other aliens unlawfully in the United States. ICE special agents, officers, and attorneys may pursue the removal of any alien unlawfully in the United States, although attention to these aliens should not displace or disrupt the resources needed to remove aliens who are a higher priority.

But even this is of little comfort and is immediately contradicted with the Do Nothing Rule:

Resources should be committed primarily to advancing the priorities set forth above in order to best protect national security and public safety and to secure the border.

So, there we have it, one part of the Obama Amnesty, all gussied up, some boob-bait for bubbas, but perfectly clear: Don't arrest any illegals.

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