ICE Agents: Obama Won’t Let Us Arrest Illegals

Posted in Top Stories | 456 comments
ICE Agents: Obama Won’t Let Us Arrest Illegals

Aug 2, 2012

By Todd Starnes

A veteran Immigration and Customs Enforcement agent is facing
suspension after he refused to release an illegal immigrant who was
not considered a priority target under the Obama Administration’s new
immigration enforcement policies, according to documents provided
exclusively to Fox News.

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“They’re punishing law enforcement officers who are just trying to
uphold U.S. law,” said Chris Crane, president of the National ICE
Council. Crane is a union representative acting on the unidentified
officer’s behalf.

The officer under fire is an 18-year law enforcement and military
veteran.

On March 27 he and another officer were conducting surveillance on a
vehicle in Newark, Del. with plates that were registered to a criminal
alien target. During the surveillance, they observed an individual get
into the vehicle. The person was detained, questioned and taken to an
ICE office so that his fingerprints could be run through a federal
database.

The individual was not their criminal alien target. However, he was a
35-year-old illegal immigrant from Mexico who had ten previous traffic
violations – including driving without a license.

“The officer made the determination using prosecutorial discretion
that he would charge (the suspect) as being in the United States
illegally and let the judge sort it out,” Crane said.

“That’s our place in the universe,” he said. “We’re supposed to make
arrests and let the judges and the legal system sort through the
details.”

Instead, two supervising officers, including the acting field
director, intervened and ordered the officer to release the illegal
immigrant. The acting field director sat down with the illegal and
explained that he was going to be let go because he was not a
“presidential priority,” Crane said.

In essence, the supervising officers took on the role of a public
defender.

“You had the supervisors intervening with the alien to assist the
alien and counsel the alien on avoiding receiving a charging
document,” he said.

The officer’s supervisors ordered the officer to release the illegal –
an order the officer refused.

According to a “Notice of Proposed Suspension,” dated July 19, the
officer “failed to follow these supervisory instructions, when you
arrested a non-targeted alien who did not appear to meet any of the
ICE priorities.”

A memorandum from Assistant Field Office Director David O’Neill,
written the morning of the incident, reveals that the officers were
told to release the subject even though he was in the country
illegally.

The officer “became agitated and began to raise his voice and stated
that he would not do as instructed,” O’Neill wrote in his memo.

As a result of disobeying the order to release a known criminal, the
officer faces a three-day suspension and could ultimately lose his job
and pension if he arrests another illegal not on the Obama
administration’s priority list.

“They’re willing to take away their retirement, their job, their
ability to support their families in favor of someone who is here
illegally and violating our laws,” Crane told Fox News. “Right now
(the Obama administration) is standing in the way of us enforcing the
law by either taking a disciplinary action, threats of disciplinary
action, or refusing to sign off on charging documents to put an
illegal alien into immigration proceedings so a judge can sort it
out.”

A spokesman for ICE told Fox News they will not discuss “ongoing
personnel matters.”

“ICE officers are not disciplined for lawful arrests,” the
spokesperson said. “They may, however, be subject to discipline for
insubordination and failure to follow agency polices and directives,
among other reasons.”

Ironically, the illegal alien in this particular incident was given
better treatment than an American citizen would have been in similar
circumstances.

A spokesman for the Newark Police Dept. told Fox News that if an
American had been stopped on the same charges – they would have been
put in jail. The spokesman said officers would have let the judge sort
out the details.

Crane said that’s the way it used to be – until President Obama
loosened restrictions on illegal immigrants.

“Our hands are tied much more than your average police officer,” Crane
said. “Normally an officer would have made an arrest like this,
processed him, put the paper work in front of the supervisor and they
would have signed off on it.”

At the heart of the issue are significant changes announced in June by
the Dept. of Homeland Security.  The new rules outlined how younger
illegal immigrants could stay in the country and gain work permits
through the use of “prosecutorial discretion.”

Crane said agents in the field disputed the idea of prosecutorial
discretion.

“This whole prosecutorial discretion thing is a big lie,” he said.
“The administration is trying to say it gives us more flexibility to
release people. It’s garbage. These are orders – very clear orders
that you will release people.”

The policy allows for discretion involving individuals who have not
been convicted of a “felony offense, a significant misdemeanor
offense, multiple misdemeanor offenses, or otherwise poses a threat to
national security or public safety; and is not above the age of
thirty.”

The illegal immigrant in this case had 10 traffic violations and is 35-
years-old.

And it’s not the first time that ICE agents have found themselves
frustrated by Obama’s new policy. Last month an illegal immigrant
injured an officer during an attempted escape in El Paso. Assaulting a
federal officer is considered a federal crime. However, because the
suspect was not a priority target, he was released without any
criminal or immigration charges.

 “We can’t do anything anymore under these new guidelines,” he added.
“

As a result, he said, an 18-year law enforcement veteran has to pay
the price — and somewhere in the nation, a 35-year-old illegal
immigrant is driving on a roadway without a license.

“If a law enforcement officer can’t perform routine enforcement
functions, what do we have a law enforcement agency for,” Crane
wondered.

On Aug 7, 9:40 am, plainolamerican <[email protected]> wrote:
> The Obama administration released illegal immigrants who went on to
> commit more crimes, including charges of 19 murders, 3 attempted
> murders and 142 sex crimes, the House Judiciary Committee said in a
> report Tuesday.
>
> All told, the nearly 47,000 illegal immigrants the administration was
> notified of but declined to deport between 2008 and 2011 under its
> Secure Communities program had a recidivism rate of 16 percent, the
> committee said.
>
> They were just part of the nearly 160,000 immigrants — most of them
> here legally — who were flagged by Secure Communities during the three
> year period but who were either not eligible to be deported or who the
> administration decided to release. Those immigrants went on to be
> charged in nearly 60,000 more crimes, according to the committee and
> the Congressional Research Service, which issued a report on the
> matter.
>
> The findings stem from the Obama administration’s Secure Communities
> program, which was designed to identify immigrants who run afoul of
> the law and who the administration decides it wants to deport.
>
> While hundreds of thousands have been sent back home under the
> program, 159,286 were not put in deportation proceedings during the
> period under review, CRS said.
>
> About three quarters of those weren’t eligible for deportation because
> they were legal immigrants and their criminal records didn’t rise to
> the level of deportation, though nearly a quarter could have been
> deported, CRS said.
>
> Those who could have been deported but were released later went on to
> commit the 19 murders, 3 attempted murders and 142 sex crimes, the
> Judiciary Committee said.
>
> “The Obama administration could have prevented these senseless crimes
> by enforcing our immigration laws,” committee Chairman Lamar Smith
> said. “But President Obama continues to further his anti-enforcement
> agenda while innocent Americans suffer the consequences. His
> unwillingness to enforce immigration laws puts our communities at risk
> and costs American lives.”
>
> Read more at washingtontimes.com

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