Showing posts with label Detainer. Show all posts
Showing posts with label Detainer. Show all posts

Wednesday, April 19, 2017

New York Towns, Cities Follow AG's Order To Ignore Sessions, Adopt Illegal Alien Sanctuary Laws

Via Judicial Watch,


Weeks after the chief law enforcement official in New York State issued “legal guidance” to help municipalities provide sanctuary for illegal immigrants, nearly a dozen have followed through with the attorney general’s order to skirt federal law. The goal, according to New York Attorney General Eric Schneiderman, is to provide local governments with a tool to “protect their immigrant communities, regardless of new federal enforcement practices.” Those that have followed Schneiderman’s directive range from sleepy towns like Newburgh to larger cities such as Rochester as well as Albany, the state capital.


Schneiderman issued the decree in response to the Trump administration’s proposed immigration enforcement policies. The document states that its purpose it to describe the legal landscape governing the participation of local authorities in immigration enforcement and to “assist local authorities that wish to become sanctuary jurisdictions by offering model language that can be used to enact local laws or policies that limit participation in immigration enforcement activities.” Utilizing so-called “model language” has become a key tool for sanctuary cities, counties and states that want to avoid losing federal funds under new Trump administration measures that punish local governments for not cooperating with federal authorities. Just last month Judicial Watch reported on a California town that found a creative way to implement a stealth sanctuary policy with “model language” that avoids using certain trigger words.


New York stands out because it’s the only state in which the top law enforcement authority, a veteran elected official, is actively encouraging and assisting local governments to violate the law. Some have faced resistance from citizens, though the majority have passed stealth sanctuary measures with little opposition since Schneiderman launched his campaign to protect illegal aliens in the Empire State. In the upscale town of Irvington, situated about 20 miles from Manhattan, the Board of Trustees issued a Statement of Tolerance days after the 2016 presidential election to guarantee that people of all races, religions, orientations and countries of origin are safe within its boundaries. “It seems there are many in our nation who are not currently feeling welcome nor safe,” the statement reads. “We want everyone to know that the Irvington Board of Trustees will never tolerate discrimination of any kind in our Village.” The city lists a phone number of the local police and encourage anyone who witnesses “any form of discrimination or intimidation” to call immediately.


Last month Irvington unanimously passed a resolution making it a sanctuary city and lawmakers credit the attorney general’s legal guidance. Now the mayor and several trustees are used as propaganda by the attorney general’s office to promote more illegal alien sanctuaries in the state. In a statement issued by the attorney general, Irvington Mayor Brian Smith says this: “We relied on the guidance of the AG’s office in crafting the wording of the resolution, which has the complete support of our police department. Irvington proudly stands as the first Westchester municipality to pass such a resolution and looks forward to having others step forward.” Under the new measure, which reportedly will soon be adapted by other communities in the county, Irvington will not honor detainer requests from federal immigration enforcement agencies.


One Irvington resident who continues challenging the sanctuary measure is an attorney who argues that the village is protecting criminals and endangering the lives of citizens. Her name is Lauri Regan and she reminds Irvington lawmakers in writing about a recent Maryland case in which two illegal immigrants raped a 14-year-old girl in a high school bathroom. Immigration and Customs Enforcement (ICE) had issued a detainer for one of the rapists but, because Montgomery County offers illegal immigrants sanctuary, it was ignored. Regan fears the same will occur in her hometown of Irvington. In one electronic mail Irvington Mayor Brian Smith tells Regan that he fails to see a link between the Maryland case and the new Irvington policy and in another he writes that “we do not want undocumented immigrants to fear interacting with our police department.”

Wednesday, January 25, 2017

Austin Becomes Ground Zero For Sanctuary City Battle As Texas Governor Vows To Cut State Funding

Late last week, according to the Austin American- Statesman, the newly elected sheriff of Travis County, Texas, Sally Hernandez, vowed to limit cooperation with U.S. Immigration and Customs Enforcement officials saying that she would only honor immigration holds for suspects booked into the Travis County Jail on charges of capital murder, aggravated sexual assault and "continuous smuggling of persons".





Traditionally, the county has honored nearly all requests by U.S. Immigration and Customs Enforcement to hold a suspect booked into jail when agents have wanted to investigate their status further.



However, effective Feb. 1, sheriff"s officials will honor so-called immigration holds or "detainers" placed by federal authorities only when a suspect is booked into the Travis County Jail on charges of capital murder, aggravated sexual assault and "continuous smuggling of persons."



Otherwise, federal agents must have a court order or arrest warrant signed by a judge for the jail to continue housing a person whose immigration status is in question, according to Hernandez"s policy, which she released Friday.



"The public must be confident that local law enforcement is focused on local public safety, not on federal immigration enforcement. Our jail cannot be perceived as a holding tank for ICE or that Travis County deputies are ICE officers," Hernandez said in a video announcement.





Of course, the declaration from Hernandez drew an immediate reaction from Texas Governor Greg Abbott who promptly promised to cut state funding for the rogue Travis County and take steps to enact "stiffer penalties" as well.




According to Vocativ, the Travis County Police Department receives $1.8 million in annual grants from the state of Texas.  That said, at roughly 1% of their overall police budget, we suspect the the funding shortfall won"t be a sufficient deterrent for Travis County"s defiant new Sheriff.





Abbott, a Republican, has threatened to withhold nearly $1.8 million in state law-enforcement grants following Travis County Sheriff Sally Hernandez’s decision to buck state law and no longer honor all jail detainers sought by U.S. Immigration and Customs Enforcement. A detainer is a request to state and local jails to notify federal agents when they are about to release an undocumented immigrant from custody.



“This is not a pronouncement of sound public policy; it is a dangerous game of political Russian roulette — with the lives of Texans at stake,” Abbott wrote in a letter to Hernandez on Monday. “Unless you reverse your policy… your unilateral decision will cost the people of Travis County money that was meant to be used to protect them.”



Of course, Trump also repeatedly vowed during his campaign to cut federal funding for sanctuary cities, a move that he is expected to officially confirm later today, along with a series of other national security initiatives, during a visit to the Department of Homeland Security.




With that, it seems the time has come for many of America"s liberal cities to: (a) get used to policing their streets with smaller budgets or (b) actually start enforcing laws.