Archive for the “Law enforcement” Category

AZ Central

Changing Phoenix police’s immigration-enforcement policies will create a climate of fear in Phoenix that could lead to multimillion-dollar lawsuits and even riots, speakers said Thursday at a raucous town hall.

From the audience, supporters of drafting a new policy said police need more freedom to enforce the law and said their voices weren’t being heard Thursday night.

About 600 people packed the auditorium at South Mountain High School to address a four-man panel convened by Mayor Phil Gordon to review Operations Order 1.4.

The policy prevents police in most cases from asking about a person’s immigration status. It has led some to brand Phoenix as a sanctuary city for illegal immigrants.

“Don’t let Phoenix become the next Watts, the next LA riots,” Alex Navidad, an immigration lawyer, said in an impassioned plea to the panel. “That’s what’s going to happen. A community that’s fearful, with loads of police, can only lead to tragedy.”

Phoenix police are already overburdened without having to enforce immigration laws, said Lizzette Alameda Zubey, president of the Maricopa County Hispanic Bar Association. She said that eliminating the policy would lead to expensive racial-profiling lawsuits against the city, as well as additional costs for processing and jailing undocumented residents.

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No doubt the supporters of the invasion are devastated. States all over the country will replicate the anti-illegal immigration effort in Oklahoma.

Tulsa World

“The court is again confronted with plaintiffs bringing a broad array of constitutional and statutory challenges to a similarly broad array of state statutes,” Payne stated in the conclusion of an order filed Thursday. “Again, some plaintiffs ignore the need to describe the injuries actually caused by the challenged statutes, while the illegal alien plaintiffs complain of grievances that could best be remedied by simply compliance with federal law. Both categories of plaintiffs must be dismissed for lack of standing, either on constitutional or prudential grounds.”

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Orange tightens day laborer rules
City officials adopt stringent measures to curb workers’ solicitation.
OC Register
December 11, 2007

ORANGE - New regulations aimed at curbing problems associated with day laborer solicitations will go into effect in one month.

On Tuesday, City Council members approved the ordinances, which will prohibit solicitation on sidewalks next to streets without parking lanes; on private property without the owner’s written permission; and while a solicitor is stopped or standing in a traffic lane, median or driveway apron on a public right of way.

In addition, private property owners who want to run job centers for laborers must get a conditional-use permit through the Planning Commission. The fine for violators will be up to $250 for the first offense, $500 for the second and $1,000 and jail time for the third.

?I?m glad they passed it, but I wish they were more strict about it,? said Edgar Luebben-Rivera, an Orange contractor who testified that day laborers have affected his ability to find work. ?It?s a small slap on somebody?s hand.?

A city report mentioned traffic problems, swarming of cars, intimidation of shoppers and public nuisances as problems that occur when day laborers congregate.

The new ordinances piggyback city officials? decision in October to reinstate a requirement that day laborers at the Resource Center provide two types of identification and fill out federal compliance forms to find work.

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“Drunk drivers come in many colors, White, Black, Hispanic or any other race. Victims come in many colors too. So when there is an unusually high rate of drunk driving among one group of people, it’s worth examining the reasons why”.

Watch these videos. The documentary is about the unusually high rate of “Hispanic “immigrant” drunk driving in North Carolina. The story focuses in on one family who have been directly impacted by this phenomena.

Scott Gardner was killed by a drunk driving illegal immigrant in 2005. His wife was left severely brain-damaged, unable to walk or speak. She is now being cared for in a nursing home for the rest of here life. Their two kids who were in the car at the time of the accident, are now being raised by Scott’s parents. One moment in time, that has totally altered the lives of the Gardner family, forever.

The illegal alien drunk driver who caused all this had been arrested 5 times previous for DWI and was deported twice only to come back and cause this terrible tragedy of an American family. Why was this allowed to happen? GuardDog

Drunken-Driving Among Hispanics Focus of WRAL Documentary
WRAL Raleigh
December 5, 2007

Raleigh ? The high rate of drunken driving accidents involving legal and illegal Hispanic immigrants is the focus of a WRAL News documentary airing Wednesday at 7 p.m.

Focal Point: “Crossing the Line” also looks at the challenges law enforcement agencies and the court system face in trying to punish undocumented immigrants for driving drunk. It also looks at how Latino advocacy groups are working to reach out to Hispanic immigrants and educate them about the dangers of driving drunk.

According to a recent study from the University of North Carolina Highway Safety Research Center, Hispanics involved in car crashes are two-and-a-half times more likely to be drunk than white drivers and three times more likely to be drunk than black drivers.

Hispanics also account for 18 percent of drunken-driving arrests, while making up less than 7 percent of the state?s population. Drunken driving is also the number one killer of young Hispanic men in North Carolina.

“Crossing the Line” also profiles the case of Scott and Tina Gardner, a couple from Mount Holly, N.C., who was hit by an illegal immigrant on their vacation in July 2005. Tina Gardner was left severely brain-damaged, and Scott Gardner was killed.

The driver, Ramiro Gallegos, had a blood alcohol concentration of .22, nearly three times the legal limit.

?My son didn?t have to die,” his mother, Emily Moose, said. “The man that drove the truck and took his life had been in front of a judge five times. He had been deported from this country twice.?

More recently, there have been several traffic accidents involving Hispanic immigrants.

On Oct. 25, Elbin Fabiel Ocampo Cruz, 22, was driving westbound on eastbound Interstate 540 between Creedmoor and Six Forks roads in Raleigh when he collided with a woman’s car. An illegal immigrant, he faces charges including driving while impaired and reckless driving.

And in March, Luciano Tellez, 31, of Angier, was charged with two counts of misdemeanor death by vehicle, felony hit-and-run and other charges in connection with a fatal hit-and-run involving a tractor-trailer

Two people who were in the car with Tellez told authorities that he had been drinking. He had been convicted in 2005 in Wake County on a prior DWI conviction and was wanted for violating terms of his probation.

Scott Gardner Family Circle Web Site

“Crossing The Line”
Hispanic “Immigrant” Drunk Driving Documentary 1/3

“Crossing The Line”
Hispanic “Immigrant” Drunk Driving Documentary 2/3

“Crossing The Line”
Hispanic “Immigrant” Drunk Driving Documentary 3/3

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Washington Post

It never made sense to Montgomery County Police Chief J. Thomas Manger: Immigrants who have green cards can join the U.S. military and fight America’s wars but, like other noncitizens, are ineligible to work as police officers in Maryland and most other states.

Since 2004, Manger has championed the concept of lifting the citizenship requirement under certain circumstances. At his urging, the Maryland Police Training Commission, which oversees training and hiring standards for law enforcement agencies across the state, began studying the issue this year. A vote could come next month.

“They can fight in Iraq, and yet they’re not able to serve as police officers in the communities they were risking their lives for,” Manger said.

The subject is fraught with political risk, particularly for elected officials, because illegal immigration has become a more divisive issue in recent years. Also, those opposed to employing noncitizens as police officers point to the difficulty of conducting thorough background checks on noncitizens, and some say they fear that the move could even allow terrorists to infiltrate police departments.

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The idea is to keep filing lawsuits until some lame liberal judge agrees with you. UGH! GuardDog

Ariz.: New Immigration Lawsuit Filed
Associated Press
December 10, 2007

Lawyers have filed a second lawsuit challenging Arizona’s new employer-sanctions law in an end-of-the-year rush by business groups to stop it before it goes into effect Jan. 1.

The lawsuit was filed Sunday night, two days after a federal judge said the groups fighting the anti-illegal immigration law sued the wrong government officials.

The groups are now targeting the state’s 15 county attorneys. In addition, their lawyers said Monday they planned to add a request for a temporary restraining order, which would put the law on hold until a judge can determine its constitutionality.

“Our objective is to have the court rule in December _ before the Jan. 1 effective date _ to enter an injunction to block the law because it’s unconstitutional,” said David Selden, one of the lawyers working on the case.

The employer sanctions law is meant to take away economic incentives for people who cross into the U.S. illegally. It punishes business owners who knowingly hire illegal immigrants by suspending their licenses for up to 10 days. Second-time violators would have their business licenses permanently revoked.

The law also requires businesses to verify the employment eligibility of new workers through a federal database.

Business groups have been fighting the law since the Republican-majority Legislature and Democratic Gov. Janet Napolitano approved it this summer. They’ve argued that it’s an unconstitutional burden on employers and poisons Arizona’s business climate.

Supporters said state punishments were needed because the federal government hasn’t adequately enforced a federal law that already prohibits employers from knowingly hiring illegal immigrants.

The new lawsuit came after U.S. District Judge Neil Wake ruled on Friday that the first lawsuit against the governor and state attorney general had targeted the wrong authorities. Wake said county prosecutors actually have the power to enforce the restrictions……

To read entire article click here.

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Associated Press

PHOENIX - A federal judge has thrown out a lawsuit seeking to block a new Arizona law that prohibits people from hiring illegal immigrants and requires businesses to verify whether applicants are eligible for employment.

The law takes effect Jan. 1.

In his ruling on Friday, U.S. District Judge Neil V. Wake wrote that the lawsuit was premature because there was no evidence that anybody had been harmed, and that the plaintiffs ? a coalition of business and immigrant rights groups ? were suing the wrong people.

The ruling said the law gives only investigatory authority to the governor and state attorney general, who were named as defendants. Wake said county prosecutors, who weren’t defendants, actually have the power to enforce the law.

The plaintiffs had asked for a preliminary injunction blocking the law from taking effect.

Julie Pace, an attorney for the business groups, said her clients were meeting Saturday to determine whether to appeal the ruling or file a separate lawsuit against the county prosecutors. She said the business groups could pursue both avenues.

Alfredo Gutierrez, a spokesman for immigrant rights groups, said they plan to refile the lawsuit after Jan. 1, when they might be able to show damages caused by the law.

A spokesman for Gov. Janet Napolitano said the governor’s office had not yet read the ruling and had no immediate comment.

Napolitano signed the bill in July, saying that while immigration is a federal responsibility, Congress was apparently “incapable of coping with the comprehensive immigration reforms our country needs.”

The law is intended to curb Arizona’s role as the busiest illegal gateway into the country. The Pew Hispanic Center estimates that illegal immigrants account for one in 10 workers in the Arizona economy.

Under the law, any business that is found to have knowingly hired an illegal worker is subject to sanctions ranging from probation to a 10-day suspension of its business licenses. A second violation would bring permanent revocation of the license.

The plaintiffs in the lawsuit had argued the law was an unconstitutional attempt by the state to regulate immigration, which is the responsibility of the federal government. The judge’s ruling did not address that argument.

“He didn’t uphold the law,” Pace said. “He didn’t decide if it was constitutional. We can have that argument another day.”

Attorneys for the state say the groups weren’t reading the law correctly and that it does not conflict with federal law.

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Couple pleads guilty to housing illegal aliens caught in traffic stop
Pilot Online
December 8, 2007

A Virginia couple entered guilty pleas in U.S. District Court today on charges they recruited and housed undocumented immigrants to work for their company, B&B Cable Co.

The plea agreement was reached between federal prosecutors and Robert Ray Buttery Sr., 52, and his wife, Betty Jean Buttery, 55, who both live in Midland in Fauquier County.

They and a third family member, Robert Raymond Buttery Jr., 22, were arrested this fall after a lengthy investigation by U.S. Immigration and Customs Enforcement agents stemming from a State Police traffic stop on Interstate 264 in Virginia Beach this past spring.

Troopers stopped a white, 1997 Ford box truck, owned by B&B, on May 7 because its registration was expired and there was no inspection sticker displayed.

They found it was carrying 14 illegal immigrants from Mexico, El Salvador and Guatemala. It was being driven by one of them, an El Salvadorian who did not have a driver?s license. Troopers called in ICE agents.

The men told investigators they worked for the company digging ditches for fiber-optic lines.

One worker told agents B&B paid him $100 per day for a 12-hour shift minus $60 a week for housing and utilities, according to records. Some said they were put up in a house off Oceana Boulevard in Virginia Beach.

The day after the workers were detained, Robert Buttery Jr., contacted State Police to locate the 14 illegal alien employees, ?whom he described as ?my boys,?? according to the plea agreement.

B&B was hired by Ivy H. Smith Inc., a Greensboro, N.C.-based company which was a subcontractor for Fiber Technology Construction Inc., of Canton, Ga., that held a contract with Verizon Communications.

Officials with both Smith and Verizon said in May that they knew nothing of B&B?s hiring of illegal immigrants.

Neither company has been charged with any wrong doing.

A federal grand jury indicted the Butterys last month on charges of employing, recruiting and housing undocumented immigrants who they allegedly housed in hotels, motels and rental homes while driving them back and forth to work sites.

ICE agents said in court papers that the Butterys had been employing illegal immigrants since at least 2003 and that even after Robert Buttery Sr. was arrested, he tried to get one of the workers out of jail and back on the job.

According to the plea agreement, the illegal aliens generally spoke no English, ?so the defendants provided them with written instruction cards in Spanish for laying cables and in English to hand to homeowners when questions arose on site.?

The cards were provided by Ivy H. Smith Inc., according to the plea agreement.

The employees also received ?damage prevention? training, given in Spanish, from Ivy H. Smith Inc.

Also in the plea agreement, the pair agreed that between 2000 and 2007 they did not file any tax returns or other information required to be filed for employees, individuals, or businesses on behalf of B&B Cable or any of its employees with the Internal revenue service. The company reported sales of $120,000 in 2006.

Robert Ray Buttery Sr. faces sentencing March 7; Betty Jean Buttery is scheduled to be sentenced March 10.

They face a possible prison sentence and the government is seeking $1.5 million in alleged proceeds from their business.

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The criminals shot by Joe Horn, Miguel Dejesus and Diego Ortiz, in Pasadena, Texas are illegal aliens from Colombia and have previous criminal records. So reports Bill O’Reilly on December 5, 2007 in an interview with talk show host Edd Hendee and immigration attorney Daniel Hernandez.

Criminals Shot By Joe Horn Are Illegal Aliens - O’Reilly

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Chicago Tribune

A group of day laborers filed a federal lawsuit Wednesday against Chicago police alleging false arrests and harassment, the latest confrontation between the immigrant workers and city officials facing a growth in street-corner hiring.

The workers accused police of various schemes they argue were meant to chase them off the corners they and contractors have used for more than a decade in Albany Park, Back of the Yards and other areas.

In one instance, undercover police officers posing as contractors lured workers away from a public sidewalk in Back of the Yards and on to a Home Depot parking lot, asking them if they knew about drywall construction. When the laborers crowded around, they were arrested for criminal trespassing, the complaint says.

City officials declined to comment, saying they had not yet read the complaint.

‘To arrest one just for looking for work is not right,’ Quintin Moran, a Honduran immigrant, contended during a news conference Wednesday in front of the Dirksen U.S. Courthouse.

‘It’s not good because all the people who look for work on the corner are doing it to live, to survive, because lamentably we have no other way,’ he said.

Read more.

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Attrition works. It took years for the illegal immigration problem to become as serious as it is today and it will take a few years to solve it. There’s no need for a mass roundup and deportation. They will go home on their own after we take in the welcome mat. We’re going to see a lot more of this in the next few years as states and local communities begin to enforce immigration laws. By the time the federal government takes another crack at “comprehensive immigration reform” the whole atmosphere will have changed. The feds will be pulled along by law enforcement at the local level. We’re taking our country back!

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AZ Central

A day after Mayor Phil Gordon proposed sweeping changes to a controversial police immigration-enforcement policy, Phoenix struggled with the implications.

Gordon’s announcement Monday that he no longer supports Operations Order 1.4, which prevents police in most cases from asking about a person’s immigration status, drew national attention to Phoenix.

His move also drew a variety of responses from across the city.

Gordon now advocates a policy that would allow police to notify Immigration and Customs Enforcement when any law has been violated by a person whom police suspect of being an illegal immigrant. Today, in most cases, ICE is contacted only when a felony is committed.

The Gordon announcement’s biggest impact has been felt among the city’s Hispanics, who make up about 42 percent of Phoenix’s population.

“I’ve heard nothing but concern,” said Mary Rose Wilcox, a Maricopa County supervisor. “What does it mean? That is the big question. People understand that nothing has been changed yet. But what is going to change?”

Wilcox is working with state Rep. Steve Gallardo, D-Phoenix, to organize the town-hall meeting where residents can express their concerns. The mayor’s advisory panel, along with Police Chief Jack Harris, will be invited to attend.

The forum, to be held either Monday or Wednesday, is expected to draw 2,500 people, Gallardo said.

“What the mayor has done is just turn the screws a little tighter for the Hispanic families that are a mix of immigrants and citizens,” said Tom Donovan, who is organizing a separate prayer vigil for immigrants Monday evening at the headquarters of the Catholic Diocese of Phoenix. “There’s just going to be more fear on their part and less trust for law enforcement. It’s just so hard for them.”

Donovan’s vigil, organized through the Catholic peace advocacy group Pax Christi, was being planned before Gordon’s announcement and will advocate compassion for all immigrants.

Read more.

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Illegal-immigration protesters and counterprotesters gather Saturday at 35th STreet and Thomas Road near Pruitt’s furniture store in Phoenix. Sheriff’s deputies arrested eight people nearby suspected of being undocumented immigrants.

Phoenix officials feel heat over migration as protests continue
Think tank weighs suit
The Arizona Republic
Dec. 3, 2007

As protests and arrests of undocumented workers continued near a Phoenix furniture store over the weekend, a Washington-based think tank is researching whether to sue Phoenix over its immigration policies.

Judicial Watch, a 13-year-old conservative think tank best known for its lawsuits against the Clinton administration, sent its chief investigator to Phoenix on Friday to review public documents related to immigration.

The group’s visit comes at a time when Mayor Phil Gordon, Police Chief Jack Harris and other city officials are under pressure to take stronger actions on illegal immigration-related controversies. Gordon reportedly spoke with advisers over the weekend about how to respond to mounting criticism over his handling of issues related to illegal immigration.

The Mayor’s Office would not comment on Judicial Watch’s visit to Phoenix, or about the ongoing protests at M.D. Pruitt’s Home Furnishings.

“I don’t have any comment today,” said Gordon’s spokesman, Scott Phelps, on Sunday.

Protesters did. About 200 gathered Saturday near 35th Street and Thomas Road, about half to support the mostly undocumented day laborers who look for work in the area, and half to oppose them. For the first time during the protests, deputies with the Maricopa County Sheriff’s Office arrested eight people nearby on suspicion of violating immigration laws. None of those arrested were protesters.

Judicial Watch has offered legal aid to a coalition of businesses near 36th Street and Thomas, including Pruitt’s.

For years, dozens of day laborers have gathered near Pruitt’s and along a stretch of Thomas Road, between 32nd and 36th streets. They are drawn to the area by a busy home-improvement store and its customers, who hire them to paint, landscape and do other manual labor.

Many residents and business owners don’t want them there, and tensions have escalated, which last year led to protests and counterprotests……

To read entire article click here.

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The county’s plan may be replicated across the country now that it has withstood a legal challenge.

ALEXANDRIA, Va. ? A federal judge dismissed a lawsuit Friday that challenged a suburban Washington county’s recent effort to clamp down on illegal immigrants, one of the toughest such crackdowns in the country.

U.S. District Judge James Cacheris said the plaintiffs lacked legal standing to challenge measures passed earlier this year by the Prince William County Board of Supervisors.

One of resolution requires police to check the immigration status of people they detain if they have reason to suspect the person is an illegal immigrant. A second seeks to deny numerous county services to illegal immigrants, including business licenses, drug counseling, housing assistance and some services for the elderly.

County attorneys successfully argued that the plaintiffs could not show they had suffered from the measures, which have not yet been fully implemented.

Board of Supervisors Chairman Corey Stewart, a leading supporter of the crackdown, said he believes the county’s plan may be replicated across the country now that it has withstood a legal challenge.

“Some of the best litigators in the country came up with the best arguments they could come up with … and at the end of the day it was tossed out by a judge,” Stewart said.

The Puerto Rican Legal Defense and Education Fund sued the county on behalf of a group including legal and illegal immigrants and the Woodbridge Workers Committee, an organization of day laborers in Prince William County. As a whole, they argued that they would suffer racial discrimination from police who would suspect them of being illegal immigrants because they are Hispanic.

They also argued that Hispanic families are already suffering real harm, including the fear that parents who are illegal and children who are U.S. citizens born in this country will be split up.

Plaintiffs’ lawyer Christina Sarchio said she is considering an appeal. Another option would be to refile the lawsuit with different plaintiffs who have been detained by police in connection with the new policy, she said.

Considered part of metropolitan Washington, Prince William County has seen its Hispanic population more than double since 2000, to nearly 70,000, according to Census Bureau estimates.

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Last week, in an article titled “Walking a Tightrope on Immigration,” the New York Times made the fact-defying claim that the illegal immigration issue poses a risk for Republicans who appeal to voters “angry” about illegal immigration. (This is as opposed to voters “angry” that they spent good money buying a copy of the New York Times.)

In support of this assertion, the Times was required not only to ignore the stunning defeat of this year’s amnesty bill, but also to proffer provably absurd evidence. I dearly hope Democratic politicians continue to look to the Times as an accurate barometer of voter sentiment.

In addition to secret polls showing that “the majority of Americans” support “a path to citizenship for immigrants here illegally,” the Times cited election results from 1994 and 2006 that directly contradict this thesis.

First, the Times raised former California Gov. Pete Wilson’s “precipitous slide” in the polls after he supported Proposition 187 in 1994, which denied most taxpayer-supported services to illegal immigrants.

The problem with this example is that Proposition 187 was wildly popular with California voters.

Times reporter Michael Luo seems to be referring to the Times’ own prediction of catastrophe for Proposition 187 ? not actual election results.

One week before Californians voted on Proposition 187 in 1994, B. Drummond Ayres Jr. reported in the Times that there had been “a sharp falloff in support for the proposition.”

He said Hispanic-Americans, Asian-Americans and African-American ministers were coming out strongly against Proposition 187 and that “this outcry, along with the increasing opposition being voiced by liberals, civil libertarians and assorted national political figures,” was having an effect.

And then Californians voted.

Proposition 187 passed in a landslide with a nearly 20-point margin ? a larger margin than Wilson got, incidentally. It was supported by two-thirds of white voters, half of black and Asian voters, and even one-third of Hispanic voters. It passed in every area of California, except San Francisco, a city where intoxicated gay men dressed as nuns performing sex acts on city streets is not considered unusual. In heavily Latino Los Angeles County, Proposition 187 passed with a 12-point margin.

I’m no campaign consultant, but I think Wilson’s support for an off-the-charts popular initiative probably didn’t hurt him.

In fact, here on planet Earth, about the safest thing a California politician could do would be wildly, vocally support Proposition 187. But in New York Times-speak, politicians are walking a dangerous “tightrope” if they dare to defy a slight majority of San Francisco voters!

Read more.

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