Tag: Sanctuary policies

In  a December address, Attorney General Jeff Sessions reported that: “…violent crime is up in many places across the country.  Last week, the Department released its annual National Crime Victimization Survey.  It shows that the rate of Americans victimized by violent crime is up more than 13 percent… As Attorney General, I have ordered our prosecutors to renew their focus on immigration offenses—specifically where those criminals have a gang nexus, cartel, or violent crime offense… we must also recognize that transnational gangs like MS-13 have taken advantage of our porous Southern Border and previously lax immigration law enforcement…In recent years, our immigration system has been overwhelmed.  The caseload has tripled since fiscal 2009 and doubled since fiscal 2012.As the backlog of immigration cases grew out of control, the previous administration simply closed nearly 200,000 pending immigration court cases without a final decision in just five years—more than were closed in the previous 22 years combined.”

Supporters of sanctuary policies insist that their goal is to make their jurisdictions more welcoming to illegals.  That may well be the case, but what impact does that “welcome” have on legal residents?

David Benfiel, writing in the San Francisco Chronicle points out some nongovernmental impacts of California’s sheltering 2.3 million illegal immigrants:

• Competition for affordable housing: 1.5 million Californians pay more than half their income for housing, a result of overcrowding.
• More than 20 million tons of greenhouse gases are added each year by undocumented residents. California’s annual per-capita carbon dioxide production is 10 metric tons/per person.
• Competition for low-wage jobs is increased. Middle-income employers can pay lower wages.
• Allowing illegal immigrants to live and drive contributes to wasted time in traffic and greenhouse gas production.
• English language learners in the classroom lower academic performance by diverting limited educational resources. California has almost 1.4 million English language learners,and has the highest student/teacher ratio of all the large states. California scores lower than average for the nation in reading, mathematics and science.

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The impact on the state budget of harboring illegals is extraordinary. Spencer Morris, writing for the National Economics Editorial  notes that illegals costs California $30.29 billion a year—17.7 % of  the state budget. “…many of these costs are absorbed by local jurisdictions and the federal government, but the drain on the State of California remains significant.  As such, the question is no longer whether California ought to allow illegal immigration—it’s whether the State can afford it. Illegal immigration is expensive: two recent studies from the Federation for American Immigration Reform and the National Economics Editorial peg the annual cost of illegal immigration to America between $135 and $140 billion.  And of all the states, California bears the largest burden due to its sizable illegal population.”

The extreme measures adopted by California to protect illegals was highlighted in June, when, notes Jazmine Ulloa in the L.A. Times,  “California state lawmakers approved $45 million in a state budget plan to expand legal services for immigrants… With the additional money, providers will now also be able to help immigrants fighting deportation or removal proceedings.”

How are Californians reacting to the largesse of their state leaders on this and other matters, and to the resulting high taxes, overcrowded schools, increased crime, and escalating housing prices?  Joel Kotkin and Wendell Cox discussed that in the Orange County Register: “In 2016, some 26,000 more people left the Bay Area than arrived. San Francisco net migration went from a high of 16,000 positive in 2013 to 12,000 negative three years later…Similar patterns have occurred across the state. [California’s outmigration] surged last year to nearly 110,000. Losses in the Los Angeles-Orange County area have gone from 42,000 in 2011 to 88,000 this year. San Diego… is now losing around 8,000 net migrants annually… Some so-called progressives hail these trends, as forcing what they seem to see as less desirable elements — that is, working- and middle-class people — out of the state… the largest group of outmigrants tends to be middle-aged people making between $100,000 and $200,000 annually… Indeed, since 2010, the Golden State has seen an overall net outflow of $36 billion from these migrants (and that counts only the first year of income). The biggest gainers from this exchange are where Californians are moving, to such places as Texas, Arizona and Nevada. That some California employers are joining them in the same places should be something of a two-minute warning for state officials…”

Aside from the issues of crime and cost, there are two fundamental questions that state or city elected officials who adopt sanctuary policies are obligated to answer. First, what constitutional authorization do they claim for nullifying or ignoring laws that are specifically and clearly the jurisdiction of the federal government? Second, if even a minority of their constituents object, what right do state and local officials have to use tax dollars to fund a cause that does not benefit, and has even been demonstrated to harm, those legally residing within their jurisdiction?

The role of illegal immigration in crime has been well documented for a considerable period of time. In 2004, Heather MacDonald outlined the problem in City Journal: “Some of the most violent criminals at large today are illegal aliens. Yet in cities where the crime these aliens commit is highest, the police cannot use the most obvious tool to apprehend them: their immigration status. In Los Angeles, for example, dozens of members of a ruthless Salvadoran prison gang have sneaked back into town after having been deported for such crimes as murder, assault with a deadly weapon, and drug trafficking. Police officers know who they are and know that their mere presence in the country is a felony. Yet should a cop arrest an illegal gangbanger for felonious reentry, it is he who will be treated as a criminal, for violating the LAPD’s rule against enforcing immigration law. The LAPD’s ban on immigration enforcement mirrors bans in immigrant-saturated cities around the country, from New York and Chicago to San Diego, Austin, and Houston. These “sanctuary policies” generally prohibit city employees, including the cops, from reporting immigration violations to federal authorities. Such laws testify to the sheer political power of immigrant lobbies, a power so irresistible that police officials shrink from even mentioning the illegal-alien crime wave. “We can’t even talk about it,” says a frustrated LAPD captain. “People are afraid of a backlash from Hispanics.” Another LAPD commander in a predominantly Hispanic, gang-infested district sighs: “I would get a firestorm of criticism if I talked about [enforcing the immigration law against illegals].” Neither captain would speak for attribution.”

One year later, a General Accounting Office (GAO)  study confirmed Ms. MacDonald’s contentions.  The GAO studied illegals incarcerated in federal and state prisons and local jails. for our study population of 55,322 illegal aliens, we found that:

• They were arrested at least a total of 459,614 times, averaging about 8 arrests per illegal alien. Nearly all had more than 1 arrest. Thirty-eight percent (about 21,000) had between 2 and 5 arrests, 32 percent (about 18,000) had between 6 and 10 arrests, and 26 percent (about 15,000) had 11 or more arrests. Most of the arrests occurred after 1990.
• They were arrested for a total of about 700,000 criminal offenses, averaging about 13 offenses per illegal alien. One arrest incident may include multiple offenses, a fact that explains why there are nearly one and half times more offenses than arrests. Almost all of these illegal aliens were arrested for more than 1 offense. Slightly more than half of the 55,322 illegal aliens had between 2 and 10 offenses. About 45 percent of all offenses were drug or immigration offenses. About 15 percent were property-related offenses such as burglary, larceny-theft, motor vehicle theft, and property damage. About 12 percent were for violent offenses such as murder, robbery, assault, and sex-related crimes. The balance was for such other offenses as traffic violations, including driving under the influence; fraud—including forgery and counterfeiting; weapons violations; and obstruction of justice.
• Eighty percent of all arrests occurred in three states—California, Texas, and Arizona. Specifically, about 58 percent of all arrests occurred in California, 14 percent in Texas, and 8 percent in Arizona.”

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A recently released report by the Department of Homeland Security outlined the outsized role illegal aliens play in crime. “A total of 58,766 known or suspected aliens were in in DOJ [Department of Justice] custody at the end of FY 2017, including 39,455 persons in BOP [Bureau of Prisons] custody and 19,311 in USMS [Marshal Service] custody. Of this total, 37,557 people had been confirmed by U.S. Immigration and Customs Enforcement (ICE) to be aliens (i.e., non-citizens and non-nationals), while 21,209 foreign-born people were still under investigation by ICE to determine alienage. Among the 37,557 confirmed aliens, 35,334 people (94 percent) were unlawfully present. These numbers include a 92 percent unlawful rate among 24,476 confirmed aliens in BOP custody and a 97 percent unlawful rate among 13,081 confirmed aliens in USMS custody. This report does not include data on the foreign-born or alien populations in state prisons and local jails because state and local facilities do not routinely provide DHS or DOJ with comprehensive information about their inmates and detainees. This limitation is noteworthy because state and local facilities account for approximately 90 percent of the total U.S. incarcerated population.”

Altogether, one out of every five inmates in federal prisons are foreign born, and 90% of those are illegals.

The Report concludes tomorrow

California’s government has declared itself a sanctuary state. The action raises a significant question: whose interests are Governor Brown and the state legislatures’ politicians truly working for?

Sanctuary policies produce two substantial results for the legal inhabitants of a jurisdiction. First, they increase costs, and second, they protect portions of the criminal population.

Despite the fiction disseminated by sanctuary policy supporters, there is no mass roundup of illegals that require the countermeasure of sanctuary protection.  Sanctuary policies primarily serve to protect criminals apprehended by local law enforcement agencies from being handed over to the federal government for deportation proceedings.

Jen Kerns, writing in The Hill notes that “Progressives in California over the last ten years have increasingly placed the so-called ‘rights’ of illegal immigrants over the public safety of its residents.”

A 2016  Center for Immigration Studies reported “Across the U.S., there are 340 cities, counties, and states that are considered ‘sanctuary cities.’ These jurisdictions protect criminal aliens from deportation by refusing to comply with ICE detainers or otherwise impede open communication and information exchanges between their employees or officers and federal immigration agents… This has resulted in the release by local authorities of approximately 1,000 criminal aliens per month… [The] Immigration and Customs Enforcement (ICE) reported to Congress that, between January 1 and September 30, 2014, local sanctuaries released 9,295 alien offenders that ICE was seeking to deport. More than 600 people were released at least twice…Out of these, 5,947 of the criminal aliens (62 percent) had significant prior criminal histories or other public safety concerns even before the arrest that led to a detainer. Fifty-eight percent of those with a prior history of concern had prior felony charges or convictions; 37 percent had serious prior misdemeanor charges, and 5 percent had multiple prior misdemeanors. An alarming number — 2,320 — of the total number of released offenders were subsequently arrested within the time period studied for new crimes after they were released by the sanctuaries…Of the 6,460 criminal aliens who were still at large during the time period studied, 3,802 (58 percent) had prior felonies or violent misdemeanors.”

The new California law directs the state Attorney General to establish policies that limit assistance with federal immigration authorities, repealing current statutes which require the police to notify federal authorities when an alien is arrested for a crime. The new California law directs the state Attorney General to establish policies that limit assistance with federal immigration authorities, repealing current statutes which require the police to notify federal authorities when an alien is arrested for a crime.

Nolan Rappaport  notes the new California law violates 8 U.S.C. 1373, which  mandates that “no person or agency may prohibit, or in any way restrict, a federal, state, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual:  Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service (ICE); Maintaining such information; or Exchanging such information with any other federal, state, or local government entity. In addition, Executive Order 13768, (see summary, below)  ‘Enhancing Public Safety in the Interior of the United States,’ requires the attorney general and the DHS secretary, to the extent consistent with law, to ensure that jurisdictions which willfully refuse to comply with 8 U.S.C. 1373 do not receive specified types of federal grants.”
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Executive Order 13768: Enhancing Public Safety in the Interior of the United States

Interior enforcement of our Nation’s immigration laws is critically important to the national security and public safety of the United States. Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety. This is particularly so for aliens who engage in criminal conduct in the United States.

Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States. These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic.

Tens of thousands of removable aliens have been released into communities across the country, solely because their home countries refuse to accept their repatriation. Many of these aliens are criminals who have served time in our Federal, State, and local jails. The presence of such individuals in the United States, and the practices of foreign nations that refuse the repatriation of their nationals, are contrary to the national interest.

Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our immigration laws to ensure the removal of aliens who have no right to be in the United States, the Federal Government has failed to discharge this basic sovereign responsibility. We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States.

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The Report continues tomorrow