Monday, March 10, 2014

How It Is Going To Play Out

The lawlessness of the Obama Regime knows no bounds.  The recent diktat documented by VDare's Brenda Walker from the Obama's black Secretary of Homeland Security, Jeh Johnson, on the use of deadly force by U.S. Border Patrol (USBP) Agents is symptomatic but not the full story.  It purpose is to aid and abet drug smuggling and the entry of illegal aliens into the United States.  That is fairly obvious and backed up by another event soon to be in the news:  Another group of illegal aliens from Mexico will arrive at a Port-of-Entry (POE), demand amnesty, and will receive it from the Regime.  However, it will take a year or two before the Regime is able to implement the new deadly force policy for the USBP.  There will be resistance, and it won't be pretty. Of course, the new have the collateral purpose of seeing more dead white Border Patrol Agents.  Something Obama and Johnson hope to see.

This is not new, the USBP some years ago adopted a no pursuit policy after pressure from the illegal alien lobby following the deaths of five Americans who where struck by a smuggler who was fleeing from the USBP back in 1992. 

LA Times by Sebastian Rotella And Patrick J. Mcdonnell  June 3, 1992
5 Killed As Truck Fleeing Border Agents Crashes : Accident: Vehicle With 13 Immigrants Plows Into A Car And Hits Students. High-Speed Chase Is Criticized.
TEMECULA, Calif. — A Chevrolet Suburban fleeing Border Patrol agents crashed at high speed into a passing car outside a high school Tuesday, killing four students and a father driving his son to school and injuring the 13 occupants of the camper.
The accident occurred just after 7:30 a.m. as horrified students arrived for classes at Temecula Valley High School. Wreckage and bodies were strewn across a busy intersection in this fast-growing, semirural community in southern Riverside County, renewing controversy over Border Patrol policy on high-speed chases.

After the Temecula crash, the USBP pursuit policy was severely restricted to basically a policy of no pursuits.  However that has not stopped illegal alien smugglers from fleeing the USBP and local police, which still results in many deaths annually.  

First, the Regime's policy and the response from the National Border Patrol Council, the representative organization of Border Patrol Agents:

The Washington Times by Katie Pavlich March 10, 2014
Washington Bureaucrats Issue New Policies Limiting Use of Deadly Force by Border Agents on the Ground
Restricting agents in their use of force, whether it is against rock or vehicular assaults, will only result in more criminals attacking Border Patrol agents. Criminals will know if agents are prohibited from using deadly force against rock or vehicle assaults, they will quickly employ those means against agents. This is evidenced by the Border Patrol’s previous pursuit policy that was overly restrictive. The vast majority of smugglers would fail to yield and evade agents, since they were well aware of the policy’s restrictions and that there were little to no consequences for fleeing

Consequentally, the policy will result in more rock throwing at BPAs and more attempts to run down BPAs with smuggler vehicles.  The end result will be more dead BPAs, illegal aliens, members of the public, and illegal aliens.  Such will result in the radical left demanding more restrictions until the Regime institutes a policy of prohibiting traffic stops, pursuing aliens on foot, or, for that matter, making any arrest where the alien flees or resists.

Which is precisely the purpose of this new policy, to cause a cascade of events that will enable it to open the borders to any illegal alien who wants to enter.

One might consider this claim preposterous, but the second Obama Regime immigration story suggests otherwise.

CNN By Michael Martinez and Jaqueline Hurtado March 9, 2014
Border Showdown: Families Will Demand U.S. Entry To Reunite With Relatives
Los Angeles (CNN) -- Juana Vidal yearns to reunite with her undocumented immigrant son and his family, but she fears the stakes involved.
Her son, Elesban Vidal, his wife and their two daughters will join as many as 125 families that will try to cross the California-Mexico border on Monday and demand that U.S. officials allow them back in the country to join with their U.S. relatives through a humanitarian visa or asylum.
Most, if not all, of the 125 families had earlier lived in the United States as undocumented immigrants, including some who were earlier deported.

And the entry without documents by these previously deported illegal aliens will be permitted by the Regime, just has it did in previous incidents.

The alliance's other two efforts to reunite families involved nine young adults and 30 young adults -- all of them who once lived in the United States as undocumented immigrants but had left the country for one reason or another, including through deportation.
Those two groups used the current political coinage of "Dreamers" to describe themselves -- that is, young immigrants in the United States without documentation. Dreamer is a moniker taken after an acronym of immigration reform legislation.
"The first run had nine Dreamers, second round had 30 and this time we are including families and parents in this round," Nolasco said.
In the first two rounds, U.S. immigration officials detained all the participants and then released them, the alliance said. The majority obtained approval to stay temporarily in the United States and are awaiting for their day before an immigration judge, who will determine their fate.

The illegal aliens were paroled into the United States in violation of the law and were allowed to remain indefinitely with an Employment Authorization Document that eventually permitted the illegal aliens to work and receive welfare benefits courtesy of the mainly white taxpayers of the United States.

Obviously, the first two time the Regime allowed groups of illegal aliens to enter the United States involved in these manufactured public relations stunts encouraged other illegal aliens to attempt a similar stunt.  Rewarding illegal immigrants will and was designed to encourage more such behavior and to establish a precedent.  Future claims by illegal aliens to either prevent deportation or permit return after deportation will be used in court filings and will be eventually expanded to illegal aliens not previously deported, such as relatives of persons who have never been in the United States before, of which there is almost an unlimited number.

But like the restrictions on USBP pursuits, which encouraged more reckless behavior by smugglers and resulted in more smugglers attempting to flee with more and more illegal aliens, the policy preventing BPAs from using deadly force when attacked with rocks or vehicles will encourage more such attacks and be adopted by smugglers as a common tactic.  The result will be more illegal aliens and drugs smuggled into the United States, more dead BPAs, more shootings in the short term, more dead illegal aliens in the short term, and, more importantly, more smuggling of illegal aliens as the consequences of violence by smugglers will be lessened, emboldening the smugglers.

But let us look at how this change in deadly force policy will play out in the short term:  First, deadly force is used frequently by law enforcement throughout the United States.  Despite the claims by Michael Fischer, Chief Patrol Agent, that deadly force, e.g. shooting at vehicles by law enforcement, is prohibited, the Supreme Court, Department of Justice, and Department of Homeland Security policy has always been that shooting at the driver or other person in a vehicle who is using the vehicle as a weapon or using another weapon in the vehicle that threatens the life or may inflict great bodily injury on a person, is justified.  Note that his applies not only to law enforcement officers, but to any person acting in self defense or in defense of another person.  The only caveat is that the officer must take into consideration that if deadly force is used, the vehicle itself may become a worse danger to innocents if the driver looses control as a result of directing deadly force at the driver or other person in the vehicle using or threatening deadly force or great bodily injury.

From the Department of Justice policy, which is followed closely by all Federal law enforcement agencies:

Department of Justice Reading Room
Policy Statement Use of Deadly Force
V. Vehicles.
A. Weapons may not be fired solely to disable moving vehicles
B. Weapons may be fired at the driver or other occupant of a moving motor vehicle only when:
1. The officer has a reasonable belief that the subject poses an imminent danger of death or serious physical injury to the officer or another; and
2. The public safety benefits of using such force outweigh the risks to the safety of the officer or other persons.

And more to the point, here is the Department of Justice policy on rock throwers:

I. Permissible Uses. Law enforcement officers and correctional officers of the Department of Justice may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person.

So, contrary to ill-considered opinion of Chief Patrol Agent Fischer, deadly force is justified when an illegal alien or smuggler throws a rock at a person.  The new policy is contrary to establish law enforcement doctrine and clearly politically motivated, as is all Obama Regime immigration policies.

But what will happen?  It is clear that there will be massive resistance on the part of BPAs at all levels and it will spread to other components of the Department of Homeland Security (DHS), including U.S. Immigration and Customs Enforcement  (ICE) Special Victims Unit (SVU), ICE Enforcement and Removal Operations (ERO), and U.S. Customs and Border Protection (CBP) Office of Field Operations (OFO). But resistance will be widespread in the USBP as BPAs are involved in most shootings involving DHS personnel.  There will be little cooperation or support from first level supervisors who have to deal with BPAs on a continuing basis and are exposed to the threats from smugglers and illegal aliens.  Mid-level DHS management openly opposed the policy and will do little to implement the effort.

What will happen, is that there will be a shooting, and the Regime will attempt to make an example of the BPA involved.  Undoubtedly the illegal aliens involved will be rewarded with legal status in exchange for testifying against the BPA or agents.  But established precedent will interfere with obtaining a conviction and there will be little assistance from FBI Special Agents and Department of Homeland Security Office of Inspector General (DHS OIG) Special Agents assigned to investigate the shooting. Those agents will know that they may be held to the same new standards in the future and will undoubtedly testify that any shooting was justified, per the less restrictive policy that governs their use of deadly force.  Faced with this, the Department of Justice, Civil Rights Division (CRD), which prosecutes criminally misuse of deadly force will be forced to gain a conviction by chicanery, most likely encouraging perjury by the illegal aliens who will be portrayed as victims of the Border Patrol Agents. The result will be either a failure of the prosecution or a conviction obtained by lies abetted and encouraged by CRD radicals.

There is ample precedent.  In the case of Sergio Hernandez Huereca, who was shot and killed while throwing rocks at a BPA, neither the FBI or DHS OIG found any evidence that the BPA involved in the shooting acted in any way outside the standards for use of deadly force. Consequently, no charges were filed by the DOJ.  This enraged the radicals at the CRD, who are on the hunt for a BPA scalp.

Expect a clash between Border Patrol senior management, the CRD and the rest of the Regime on one side and USBP staff and lower management, law enforcement officers nation-wide, and other Federal law enforcement agency personnel coming soon.  Radicals like Obama love seeing dead cops like Daniel Faulkner.  The conflict will not be pretty.

Expect to see many crime scene photos of dead Border Patrol Agents similar to these of Daniel Faulkner:

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