Thursday, July 23, 2015

Lies About The Fence

Now that Donald Trump has brought back the idea of building a fence, the left is again attacking the utility of a border fence.  We know that fences work, just look at how successful the fences worked in securing Israel from Palestinian terrorists and illegal aliens from Africa.

NBC July 23, 2015 by Elizabeth Chuck
Donald Trump's Border Wall Would Cost Billions, Experts Say
Constructing an impassable wall along the U.S.-Mexico border would be a tall order — even for master real estate developer and 2016 GOP presidential candidate Donald Trump.
"From a security standpoint, it really is not an intelligent solution," said Eric Olson, associate director of the Latin American program at the non-partisan Wilson Center.
In fact, "it's ludicrous," Olson said of the idea, which has become a hallmark of Trump's campaign.
Experts estimate that building and maintaining such a wall on the 1,954-mile border, which snakes along four huge states, would cost tens of billions of dollars. And the 21,000 border patrol agents currently on duty would be "nowhere near sufficient" to keep close surveillance on all of it, said Wayne Cornelius, director of University of California San Diego's Mexican migration field research program.
"Any kind of border barrier can be climbed over, and to prevent that type of activity, we would have to have not just drones in the sky, but a lot of boots on the ground," he said.

Now, are these two "experts" engineers, law enforcement experts, or extensive military experience? No, Olson is a foreign affairs specialist with a Master's Degree in International Affairs and a Bachelor's Degree in History.  Hardly the training for building anything, much less a fence like those the Israelis have successfully and apparently cheaply built.

Worse yet, Cornelius is an immigration activist and tenured radical with a background in Political Science and Latin American Studies.  No engineering, military, or law enforcement training, experience, or study.

The extent of their argument is the 12' fence is overcome by 13' ladder.

However, when a modern fence is built, it works:

Arizona Daily Star, July 4, 2015, by Perla Trevizo
Border Fence Jumpers Breaking Bones
NOGALES, Sonora — The 31-year-old Oaxaca native was dangling by one arm, a drop of more than two stories below her.
Slowly, her hand slipped and her legs slammed the desert floor with a bone-rattling thud.
She couldn’t move. All she could think about was the 14-year-old daughter she had left behind — whom she might never see again.
Reports of migrants getting hurt when trying to jump the fence or trekking through the treacherous desert are not new, but immigrant shelters and Mexican officials are seeing a spike of migrants — especially women — getting hurt trying to jump the border fence. They think, incorrectly, that the jump will be easier than making the treacherous trek through the 100-degree desert.
“It’s the same crossing through the wall or through the desert,” said Gilda Felix, director of the Juan Bosco immigrant shelter in Nogales, where many of the injured are brought before going home. “Both are difficult and dangerous.”
This year the Mexican Consulate in Tucson has seen more people needing medical attention after falling from the border fence than from crossing the desert, said Ricardo Pineda, the consul general. So far this year, there have been 37 cases of injured Mexican migrants. In all of 2014 Pineda’s office reported 56 cases. That includes all injuries, not just falling from the fence.

Clearly fences work, that is why the Palestinians hate the Separation Barrier, that is why the African illegals hate the Sinai fence, and that is why the nation breakers of the left oppose a fence on our border with Mexico, it works.

Futhermore, the lies from the left never end, they also think it can't be built:

Many parts of the border are dotted with rugged terrains and streams, which would be nearly impossible to build on. In other areas, there are protected wildlife refuges and Indian territory. And elsewhere, ranchers would have to agree to sell their land to the federal government — which is unlikely to happen, even as disgruntled as they may be that migrants are using their property as a border crossing area.
"It's private land," Cornelius said. "Trump can't just go in and build his wall."

First, most of the Mexican border is flat and featureless, perfect ground for building a fence.  There are only a few areas of California that are mountainous.  Arizona and New Mexico have even fewer mountainous areas, and Texas only a few hills on the border.  In any event, fences would channel the flow of illegal immigration to those more difficult area, discouraging illegal immigration and making enforcement easier.  It would not be long before illegal aliens would get discouraged.

The real secret to the border fence though is interior enforcement, which is why the problem with illegal immigration is increasing, due to the collapse of interior enforcement, current and planned. More obvious though, is Cornelius has never heard of eminent domain.

So, give the war on The Donald, it is without a doubt a nerve has been struck, and the Cultural Marxists see the danger a fence is to their plan for electing a new people.

Wednesday, July 22, 2015

New Commissar In Town

The Obama War on the Border Patrol continues.  In this case, the Regime has appointed a new Assistant Commissoner to head U.S. Customs and Border Protection (CBP) Office of Internal Affairs (OIA), Matthew Klein.  Disturbingly Klein comes from one of the worst big city police department, the District of Columbia Metropolitan Police Department (MPDC) with a long history of incompetence, affirmative action, corruption, and hiring criminals.  No wonder a MPDC veteran has been appointed by Barack Hussein Obama and Jeh Johnson to rein in Border Patrol Agents and assure that those agents are not allowed to do their job.  And Klein is being openly touted by advocates for illegal aliens.  Klein will not be a new sheriff, cleaning things up, but a commissar like Felix DzerzhinskyGenrikh Yagoda, and Lavrentiy Beria.

LAT, July 22, 2015, by Brian Bennett
Customs And Border Protection's New Internal Affairs Chief Faces 'Very, Very Tough Job'
A new sheriff is coming to clean up U.S. Customs and Border Protection, the nation's largest law enforcement agency.
Matthew Klein twice headed internal affairs for the police department in Washington, D.C., and helped it comply with Justice Department orders in the early 2000s to improve its policies on deadly force.
An avid runner at 50, the slim ex-street cop with salt-and-pepper hair will be sworn in Wednesday to perform the same job at Customs and Border Protection.
But the task will be far tougher at a federal agency that, according to a scathing Homeland Security Department report last month, is plagued by systemic corruption and chronically slow investigations. Customs and Border Protection has 44,000 armed officers, and its relatively small internal affairs office has been overwhelmed.
In an interview, Klein said he hoped to bring "a completely different perspective" to help the agency, and the Border Patrol under it, and improve a much-criticized reputation for abuse, violence and lack of transparency.
The Homeland Security report recommended more than doubling the 207 internal affairs investigators. Klein said he wanted them to focus on ferreting out internal corruption and misconduct, including exposing unjustified shootings by Border Patrol agents.

Interestingly enough, CBP has already determined that all those alleged controversial shootings were justified.

While there is a corruption problem at CBP, it is a problem with its origin in Hispanic culture, which can easily be solved by hiring more white men, plenty of whom are available as the military downsizes.

Even worse, CBP OIA has apparently been having problems of its own with professionalism, honesty, and conducting Queen of Hearts investigations; punishment first, investigation later. Stay tuned as the situation develops.

Tuesday, July 21, 2015

Treason Bar Spinning Wildly To Defend Illegal Alien Killers

The Treason Bar, also known as the immigration law bar, is furious that yet again their customer base's behavior is interfering with their demand for amnesty for illegal aliens.  And no lie is too outrageous in their defense of illegal immigration, whether it be a direct lie, an omission, or a lie by misdirection.  The culprit is the former President of the Treason Bar, the American Immigration Lawyers Association.

The Hill, July 20, 2015, by David Leopold
Getting To The Truth About Steinle’s Murder Starts With Asking The Right Questions
Kathryn Steinle’s tragic murder in San Francisco, allegedly by Francisco Lopez-Sanchez, a Mexican national who entered the country illegally, has understandably led to many questions.  But Republican politicians—from Donald Trump to Rep. Steve King (Iowa)—are largely focusing on the wrong ones.  
They are cynically seizing upon Kathryn Steinle’s murder to malign San Francisco’s so-called “Sanctuary City” policy, and all immigrants in the bargain. They are driving the narrative that Lopez-Sanchez fled to San Francisco because he wanted to avoid deportation.  This is not only wrong on the facts—Lopez-Sanchez did not “flee” to San Francisco, he was brought there in handcuffs—but it fails to hold the federal Bureau of Prisons officials accountable for releasing him to the San Francisco Sheriff’s authorities, without determining whether the county prosecutor intended to follow through on the old drug warrant.  And it fails to hold ICE responsible for not trying harder to deport Sanchez-Lopez the moment they had the opportunity. 

So, in the first two paragraphs, let's check the lies: First, Lopez-Sanchez is not "allegedly" the killer of Kathryn Steinle, he confessed during an interview with a television reporter to the murder. He even said he was sorry.  No allegedly about it, he is the killer.  Second lie, this by misdirection, Leopold suggests that San Francisco is not a sanctuary city by placing quotation marks around it, suggesting that the fact that San Francisco is a sanctuary city is not true. However, San Francisco is quite open about its Sanctuary City policy, it is on their website.

Next Leopold claims that the killer, Lopez-Sanchez, did not flee to the sanctuary city of San Francisco, but was brought there.  True enough, but Lopez-Sanchez stated publicly that he remained in San Francisco because of the sanctuary city policies.  In any event, no one says he fled to San Francisco, all agree he remained because of San Francisco's very real sanctuary policies.  So, Leopold clearly is lying in order to misdirect the public.

Leopold then asks a series of related and repative questions on why the Department of Homeland Security (DHS) did not make Lopez-Sanchez a deportation priority and why did they not communicate that priority to the U.S. Bureau of Prisons (BOP).

Under existing Obama administration enforcement guidelines, Lopez-Sanchez should have been a top priority.  Why wasn’t he treated as such?
Why did the federal Bureau of Prisons release Sanchez-Lopez to the San Francisco Sheriff’s Department in March 2015, instead of sending him to ICE, which had reportedly requested him?
Did the federal bureaucracy, including BOP and ICE, communicate with each other about Sanchez-Lopez?  If not, why not? 
Following his 2011 conviction for illegal re-entry, Lopez-Sanchez was ordered to be sent to a “federal medical facility as soon as possible.”  Was he?  Did he receive mental health support? 
Why didn’t BOP or ICE take the time to consider whether the San Francisco County Prosecutor would actually follow through on the 20 year-old drug warrant before releasing him from Federal custody—knowing full well that it’s far easier to deport someone when they are in your grasp than when they are not?
Why weren’t federal law enforcement authorities all over Sanchez-Lopez as his prison release date approached in March of this year?  After all, he is the poster-villain for why American needs fair and smart enforcement of its immigration laws.  Given Lopez-Sanchez’s twenty-year record of disrespecting the law, and 16 year and ½ month stint in Federal prison, you would think that deporting him as soon as possible would have been a priority.   

The strategy here is to imply that U.S. Immigration and Customs Enforcement (ICE) and the BOP were either negligent or indifferent to Lopez-Sanchez.  In fact, Leopold seems more concerned that Lopez-Sanchez wasn't getting psychiatric care than over the death of Steinle.

But here is the truth about how Lopez-Sanchez was processed as his federal prison sentence for violation of Title 8 United States Code, Section 1326, Re-entry After Deportation proceeded:

When a Federal prisoner's sentence approaches the time for release, the BOP examines his record, including any outstanding warrants and detainers from the ICE.  In this case, Lopez-Sanchez had both a detainer from ICE and an outstanding arrest warrant from the City and County of San Francisco. As part of the pre-release procedure, the BOP ran Lopez-Sanchez in the Federal Bureau of Investigation's (FBI) National Criminal Information Center (NCIC), a computer database of, among other records, outstanding arrest warrants. There was a record of an outstanding arrest warrant for Lopez-Sanchez.  By policy, an agency that has access and uses NCIC must adhere to NCIC's rules.  One of those rules is that if an agency runs a subject's name and has custody of that person, it must inquire with the agency that has an arrest warrant record to determine if that agency, in this case the San Francisco Sheriff's Department (SFSD), will extradite.  This is called in NCIC parlance a "hit confirmation."  In this case, the SFSD confirmed the warrant and requested extradition.  This is important, as participating agencies in NCIC are required to honor such requests and it is a matter of policy that the BOP honors State and local arrest warrants, as does ICE, even over deportation orders.

So, in fact, the SFSD had a valid arrest warrant for Lopez-Sanchez, and the BOP and ICE honored the request that Lopez-Sanchez be extradited to San Francisco.  So, the sly smear and intimation that the BOP and ICE were responsible for Lopez-Sanchez' release are flagrant lies designed to mislead the public, common enough for the Treason Bar.

Leopold's next major lie follows, he implies that deporting criminals is a new policy and that Republicans oppose deporting criminal aliens because they opposed the Rubio Amnesty legislation and the ongoing Obama Regime Administrative Amnesty:

As a felon who illegally reentered the U.S. he was likely under a final order of removal.  If standard removal order reinstatement procedure was followed after his arrest on the federal illegal reentry charge there was no need to go to an immigration judge for a deportation order.  It was already in place, waiting to be implemented.  And the deportation of Sanchez-Lopez would have been in line with the Department of Homeland Security’s stated enforcement policies, which prioritize the deportation of people who are convicted of multiple, serious felonies.
Ironically, these are the very same deportation guidelines that Republicans in Congress have opposed.  It’s no wonder they don’t want to draw attention to that fact and the truth about this case—because they actually, honestly oppose prioritizing enforcement on the worst of the worst.  Instead, they want to send immigration agents out after anyone and everyone... 
Republicans claim to be tough on criminals, but they oppose the Obama administration’s deportation priorities and oppose comprehensive immigration reform, which would have increased enforcement while dealing smartly with immigrants who are threats to no one. 

There is nothing in the Rubio Amnesty legislation or the Obama Regime Administrative Amnesty that would have mandated deportation of criminal aliens.  In fact, the Obama Regime is running an amnesty for criminal aliens as well as for previously deported aliens, of which Lopez-Sanchez belonged to both groups.

Interestingly Leopold even admits to the ongoing amnesty for previous deportees:

Of course, not everyone who has a prior deportation on his record should be an enforcement priority.

But for the Treason Bar, there are no aliens who should be deported, unless they are an embarrassment to the Treason Bar, like Lopez-Sanchez.  In fact, the Obama Regime is continuing to release criminal aliens like Lopez-Sanchez in record numbers and the number of deported criminal aliens is down 23%.  So far as lies go, there are lies, damned lies, and the Treason Bar public statements.

Thursday, July 9, 2015

Does Federale Agree With Sheriff Ross Mirkarimi?

Well, no, but there are some issues that need to be addressed regarding detainers issued by the Federal government to State and local law enforcement to hold aliens until the Federal government can pick them up.

First, no, Ross Mirkarimi is incorrect that detainers, DHS Form I-247, issued  by U.S. Immigration and Customs Enforcement (ICE) , is a request from one law enforcement agency to another to maintain custody of a subject until ICE can take custody, have no legal basis, as he claims.

Breitbart, July 6, 2015, by Ian Hanchett
San Francisco Sheriff: Sanctuary City Policy ‘Makes Us Safer'
Earlier Mirkarimi said, “San Francisco city and county changed its laws amending the ICE policy well over a year ago, just like 50 counties in the state of California, and well over 300 cities in the United States. I believe that ICE needs to catch up in working with local jurisdictions, municipalities who have limited their contact with ICE, because a detainer is not a legal instrument, affirmed by federal District Court, and the US Court of Appeals for the 3rd District, it suggests that we need a court order or a warrant, and ICE had been told this many, many times, and they have yet to produce that document.”

Not quite, while the Obama Regime as part of its Administrative Amnesty has failed to support detainers in lawsuits against local agencies who hold aliens based on detainers, there are only a few court decisions that have gone against local agencies using detainers.  This is a case of Mirkarimi not wanting to honor detainers and seeking an excuse not to honor the detainers.  Notice that he is not objecting to detaining aliens, but claiming he cannot legally detain an alien.

More importantly, it appears he met with Jeh Johnson, Secretary of DHS, and was assured that there was no objection from the Obama Regime.

He added, “Well, I’m the sheriff, and I am adhering to the laws that I am supposed to follow. We have had direct meetings with the deputy director of Homeland Security and Director Johnson himself of Homeland Security earlier this year, with a number of the Bay Area sheriffs, and others, who have said that our municipal laws are changing. In absence of a comprehensive federal immigration policy, this is why it is a growing trend of municipalities in devising their own ICE relationship policies that require a real legal instrument. A detainer is a cavalier way of saying that this is a legal instrument, but in truth, it is not.”

Even more, he brings up an unrelated political issue, legislative amnesty, as an excuse not to honor detainers.  Sounds like he is bargaining; give me amnesty and I will honor detainers.  He further claims that detainers are cavalier, rather than probable cause that supports custody.  In fact, the San Francisco Sheriff's Office contracts with the U.S. Marshals Service to hold Federal prisoners and the only basis is a contract.  The U.S. Marshals' don't provide Mirkarimi with a warrant to hold a Federal prisoner.  Mirkarimi hold those Federal prisoners without any warrant at all.  Why, because the Marshals assume all liability and the only concern of Mirkarimi is that he gets paid for the services he provides by the contract he has with the Marshals.

However, there is a point to the issue.  No sheriff or other State law enforcement agency has to hold any Federal prisoner.  Why, because of the 10th Amendment and Supreme Court decisions that have held that the Federal government cannot dragoon the States into providing services to the Federal government, in Printz v. US and New York v. U.S.  The only agents or employees who can be dragooned into Federal service are the State militias, which can be called by the President into Federal service to suppress rebellion or repel invasions.

However, States or their political subdivisions cannot act to thwart Federal law, where Federal law is supreme, as in the area of immigration law.  Mirkarimi's problem here is that he and the City and County of San Francisco have made it well known that their policy is not limited to not acting to support Federal law, as they cannot be forced to act to enforce any Federal law, but nor may they act to violate Federal law.

And here Mirkarimi and San Francisco have a problem, a big problem.  The various sanctuary laws that San Francisco has are specifically intended to thwart the enforcement of Federal law within the City and County.  In law enforcement one generally cannot be convicted of a crime without showing intent, whether that intent be general or specific.  Unfortunately for San Francisco and Mirkarimi, they have announced their intent, which is to provide sanctuary for illegals.  Had they publicly and in writing told the world that their intent was to exercise their rights under the 10th Amendment, they would have a legal leg to stand on, but both have made it clear they are acting to protect illegal aliens. That makes both Mirkarimi and San Francisco liable for aiding illegal aliens to remain in the United States in violation of Title 8 United States Code, Section 1324(a)(1)(A)(iii), Bringing In And Harboring Certain Aliens, which criminalizes any effort to assist an illegal alien to remain in the United States.

There are, though, solutions in between.  San Francisco is dependent on Federal handouts not only for law enforcement, but in all sorts of other areas, and there is the leverage the Federal government has over States and their political subdivisions that don't want to honor immigration detainers. It should be pointed out that the City and County of San Francisco honor Federal warrants for arrest, though they are not legally bound to take any action of a Federal warrant, but as a general policy the Sheriff's Office and the San Francisco Police Department act when they encounter fugitives with Federal warrants, without any 10th Amendment objection.  So, should ICE provide an arrest warrant, Form I-200, authorized under Title 8 United States Code Section 1227, that should be sufficient for Mirkarimi.  However, it is clear that Jeh Johnson is refusing to instruct ICE to issue Form I-200, Warrant for Arrest, with Form I-247, Immigration Detainer-Notice of Action, when they notify local officials of illegal aliens in their custody.  All part of the Obama Regime Administrative Amnesty. But we know the solution, arrest Mirkarimi and charge the City and County of San Francisco with violation of Title 8 United States Code Section 1324.

Saturday, July 4, 2015

Missing In Action: ICE SVU Working On That Phony Warriors Swag

To accompany the news that immigration enforcement is plummeting, ICE SVU, commonly known as U.S. Customs and Immigration Enforcement, Homeland Security Investigations (ICE HSI) has announced that it is the shill not only for the National Football League and Hollywood, but also for the National Basketball Association:

SFGate June 29, 2015 by Jenna Lyons
Counterfeiters Made Splash On Warriors’ Gear, Feds Say
Suspiciously low-priced T-shirts that Warrior fans snapped up during the team’s championship run probably won’t survive the first wash cycle, according to federal officials.
Seeking to keep counterfeiters from biting into NBA profits, Homeland Security agents in San Francisco announced Monday that they seized almost $500,000 worth of bogus basketball memorabilia in a month long operation.
They said vendors throughout the Bay Area marketed the goods to often unwitting Warriors fans — though some fans knowingly buy knockoffs because of the hefty price tags on the official stuff.
Beginning with the Western Conference finals on May 19, the customs agents cracked down on roughly 100 vendors — some repeat offenders — who sold more than 14,000 items ranging from T-shirts with faulty stitching to hats with tags missing the official NBA holograms, officials said.

So, while previously deported illegal aliens walk freely around San Francisco and murder at will, ICE SVU is concerned about t-shirts that might shrink, bad stitching, and missing labels.  It appears the ICE SVU Special Agent-in-Charge cares about some repeat offenders, but not others.

Give the ICE SVU Acting Special Agent-in-Charge in San Francisco, Tatum King, a call and ask him if he cares about dead Americans:

630 Sansome Street Room 890
San Francisco, CA, 94111
Phone: (415) 844-5455
Fax: (510) 267-3870