California Lawmakers Move to Shield Illegal Immigrants from Deportation

William La Jeunesse, Fox News, September 24, 2013

Police in California would be prohibited from helping deport some illegal immigrants under a bill being considered by Gov. Jerry Brown, in a proposed change some say would violate federal law.

The so-called Trust Act would bar police from cooperating with Immigration and Customs Enforcement officers on a variety of cases. Proponents say the bill is narrowly focused and only applies to those illegal immigrants arrested for minor crimes.

Prosecutors and sheriffs disagree.

“If you or I were victimized by someone stealing our identity, selling drugs in our community, burglarizing our home or embezzling our money, that’s okay? That’s a minor crime under this bill,” complained Marin County Sheriff Robert Doyle. “If this law passes, we will not be able to put holds on people who have previously been deported. So someone could be deported one, two, three, four–10 times and that would not be cause for us to put a hold on them.”

The California District Attorneys Association and the California Sheriffs’ Association oppose the law, in part because it also conflicts with federal statutes.

“It makes no sense and is unconstitutional,” said former ICE Director Julie Myers Wood. “The federal government has sole authority to enforce immigration law. In this instance California is telling the feds what you can and cannot do.”

{snip}

Under the Secure Communities program, whenever a suspect is booked in jail, their fingerprints go through an immigration database. If in the U.S. illegally, ICE can put a hold or detainer on the inmate so they’re deported. Under the Trust Act, police would be under no obligation to honor that detainer for dozens of crimes.

{snip}

“You’re going to have a high likelihood of individuals, who pose a significant public safety risk who are released into the community for some length of time without no guarantee ICE can put on a detainer at the time of a probable cause hearing,” said Myers-Wood. “That’s a huge loophole.”

{snip}

Under federal code 8 1373(a), a state “may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status . . . of any individual.”

Attorneys for law enforcement believe the Trust Act violates that law. California Attorney General Kamala Harris, a former San Francisco district attorney, disagrees. She says the law is discretionary, not mandatory.

Brown has until Oct. 13 to sign or veto the bill.

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  • These folks are without survival instincts.
    Let them suffer the consequences of their naive actions.

  • Extropico

    It is unconstitutional to forbid cooperation with federal authorities within the purview of their justified duties. Any sane CA or jurisdictional federal court will enjoin the CA law from enforcement.

    • Stentorian_Commentator

      “Sane” court in California! Good one!

      • Bon, From the Land of Babble

        Every once in a great while, a last vestige of sanity rears its head in the courts of the dying Hemlock State.

        LAPD Police Chief and arrogant fool, Charlie Beck — we call him “Politically Correct Beck” — decided to ignore California state law and the California vehicle code by implementing Special Order 7 — which said that illegal aliens’ cars could be only impounded for ONE DAY rather than the 30 days called for by state law.

        Didn’t matter to Beck that unlicensed drivers are three to five times more likely to case a fatal accident and then flee the scene — and that the high cost of the 30-day impound WAS a deterrent. Beck only cared that illegal aliens NOT be inconvenienced when they drove drunk, uninsured, and unlicensed in unregistered cars.

        The LAPD police protective union sued in court and on Sept. 23, 2013:

        “Los Angeles County Superior Court Judge Terry Green announced in court that he had concluded the LAPD’s impound policy violates state law; that the LAPD can’t order its officers not to impound the cars of people caught driving without licenses.”

        The California Supreme Court has also twice upheld Prop 209:

        “On 2 August 2010, the Supreme Court of the state of California found for the second time that Proposition 209 was constitutional. The ruling, by a 6-1 majority, followed an earlier unanimous affirmation of the constitutionality of Prop. 209 by the same court.”

        It’s only a matter of time before Prop 209 is overturned — In California, illegals will soon have driver’s licenses, illegal lawyers will soon practice law, illegals will sit on juries and monitor elections.

        Justice and Rule of Law will soon go the way of the Dodo Bird– in California and everywhere else.

        Bon

    • Bossman

      I’m sure they know what is constitutional and what is not.

      • Greg Thomas

        This must make you very happy Bossman. Your beloved mexican invaders have won another one in this toilet bowl of a state.

  • Spartacus

    “It makes no sense and is unconstitutional,”

    ———————————————————————————————————————

    So was Obama’s election, I didn’t hear you complain then .

  • Romulus

    It is self evident the constitutional republic is now a mirage. The black robes and self serving plutocrats will only apply OUR ( white people) sacred documents as it applies to either keeping the machine running or devaluing it in favor of a global govt.

  • JohnEngelman

    Proponents say the bill is narrowly focused and only applies to those illegal immigrants arrested for minor crimes.

    – William La Jeunesse, Fox News, September 24, 2013

    What about the serious crime of being here illegally?

    • Mergatroyd

      Who gets to define what a “minor” crime is? Crime will be defined down until all of it is minor.

    • Bossman

      Being here without proper documentation or having crossed the border without inspection is defined by law as a misdemeanor.

      • If one has a prior felony conviction, being here is a federal felony. Assisting illegal aliens is also a federal felony.

        • Bossman

          Assisting illegal aliens is also a federal felony
          No! It is not. If it was, it would mean that any social worker or priest who helped a migrant would be guilty of a federal crime. Even giving someone a ride would be a crime. Society could not operate that way in this day and age.

  • Spartacus

    BTW, if any of you wonder who these scum are so desperate to let in your country :

    • Bon, From the Land of Babble

      What’s worse about this case is that the FIEND that raped and killed that poor baby was the mother’s boyfriend!!

      “Jose Luis Aguilar, 36, was arrested on a Greyhound bus in Barstow, Calif., on June 8, a day after his girlfriend, Jennifer Reedy, found her baby, Serenity Reedy, dead in her crib in Richland.”

      www // tri-cityherald // com/2013/06/19/2440189/richland-man-pleads-not-guilty // html#storylink=cpy

      Bon

      • Spartacus

        Shame she wasn’t the one killed, since she deserved it.

    • Bossman

      Haven’t we seen enough of this guy? What is the point? Most serial killers are white males, does that make every white man a potential serial killer?

      • Spartacus

        Most serial killers in the US WERE White because the overwhelming majority of the population was White. Blacks and other dark-skins have always been overrepresented as serial killers, and in the last decade they’ve been the majority :

        http://topconservativenews(DOT)com/2011/04/blacks-made-up-majority-of-all-serial-killers-last-decade/

        So be a good cockroach and crawl back under your rock .

        • Bon, From the Land of Babble

          See my response to “Bossman.”

      • Greg Thomas

        I know it breaks your heart to see a scum bag mexican in a negative light.

      • Bon, From the Land of Babble

        Nope. Here we go again!! This must be the 10th time I’ve posted this on this forum.

        Guess you didn’t get the memo: Most serial killers are black:

        The Myth and the Reality

        Anthony Walsh

        Boise State University

        There were many expressions of shock and surprise voiced in the media in 2002 when the ‘D.C. Sniper’ turned out to be two Black males. Two of the stereotypes surrounding serial killers are that they are almost always White males and that African American males are barely represented in their ranks. In a sample of 413 serial killers operating in the United States from 1945 to mid-2004, it was found that 90 were African American. Relative to the African American proportion of the population across that time period, African Americans were overrepresented in the ranks of serial killers by a factor of about two.

        “African Americans and Serial Killing in the Media: The Myth and the Reality”

        http://hsx // sagepub // com/content/9/4/271 // abstract

        And NO this cannot be posted or stated enough. My posts on black-on-White crime are taken down immediately on other sites.

        We already KNOW that the biased, racist, anti-White media won’t report black burnings, rapes, murders, tortures of White Americans.

        Bon

      • Jefferson

        The vast majority of murderous drug cartels are Squat Monsters.

        • Bossman

          Sure, because they control that trade, most Mafia murders were also done by Italians.

    • Jefferson

      Unfortunately there are no statistics in the U.S about violent Hispanic on White crimes because law enforcement just classifies it as “White” on White crime.

      No doubt that south of the border diablo Jose Luis Aguilar was most likely written down as “White” under race when he was booked and arrested for the rape and murder of that little White baby Serenity Reedy.

    • Ella

      What is wrong with this mother? Is she so desperate for company or a poor White woman who does not qualify for welfare assistance????? I would never resort to this creep’s false promises. The baby is so beautiful, and Mom’s natural love is to protect her as a child. Where is the bio-Dad?

  • Sentinel9

    In this instance California is telling the feds what you can and cannot do.

    This is a good thing and it shows California truly has a representative form of government.

    Only non-whites are allowed to have a representative form of government.

  • Greg Thomas

    The State of California does not want to deport a single mexican invader! What’s the likelihood that Obama and holder take California to court under the guise that enforcing immigration law is the jurisdiction of the feds!

    • mikebowen55

      I’d have to say… NEVER!

      • Greg Thomas

        I’d say you are right!

  • Kathy M

    “In the grand scheme of things, its all about making whites a servile minority.”

    I made this comment on the black nationalist takeover of Jackson thread. Somebody apparently flagged it and a moderator promptly deleted it. This leaves the impression that I said something so repulsive that it had to be deleted.

    Do you get that, moderator?

  • libertarian1234

    California will be the first to explode into economic devastation and out-of-control social chaos.

    They’re right on course. It won’t be long now.

  • Helios Megistos

    When the reconquista reaches a critical point, all of those useful idiots will end up either dangling from a lamppost or served at the neo-aztec buffet; none dares call it treason!

  • Greg Thomas

    Since when are laws “discretionary?” Maybe she can provide us of a list of those laws that we must obey or can disregard. Either Kamala Harris does not know the meaning of the word discretionary, or she is lying. Either way, she is one of the White hating, open border hacks, doing everything in her power to aid and abet reconquista.

  • Greg Thomas

    These open border hacks are not even trying to hide their treason any longer. They know nobody is going to stop them. This administration has their backs. Where is the GOP? Is any elected offical going to stand up to this?

    • Ella

      You’re right. No one will stop them. There may be an easy solution at this time by tearing up the White House lawn during high tourist season and protest staying in pop-up tents. If Americans remain apathetic, “We the People” gave up our rights by not fighting for them. This is the sad reality. We have to make LOTS of noise beyond blogging.

  • Rick Brooks

    Funny- only a few years ago there was non-stop wailing and moaning from liberals about Arizona’s SB1070 and how immigration law was the sole responsibility of the federal government. But now they’re doing a 180 on the matter because they realize state laws can be manipulated to enable the squat monsters evade deportation.

    • Helios Megistos

      The self-liquidating polity has a death wish; who will get to them first?

  • Illegal re-entry after a previous felony conviction is considered a “minor crime” under this law, but under federal statute, it is a two-year felony, of which 21 months would have to be served even with maximum time off for good behavior.