Friday, January 5, 2018

ICE CONDEMNS PARDONS OF ILLEGALS IN NEW YORK TO AVOID DEPORTATION

ICE Condemns ‘Politically-Driven’ Pardons of Immigrants in New York


By Charlotte Cuthbertson, Epoch Times
January 2, 2018 11:11 am Last Updated: January 4, 2018 12:19 pm

New York Gov. Andrew Cuomo has granted pardons to 18 aliens in an attempt to shield them from deportation. Cuomo’s actions follow California Gov. Jerry Brown’s pardoning of two aliens several days earlier.
“Today I granted clemency to 61 individuals including 18 pardons to immigrants facing deportation,” Cuomo tweeted on Dec. 27. “While the federal government continues to target immigrants, we’re making a more just, fair, and compassionate New York.”
Cuomo said the pardons may not automatically remove the grounds of removal for those facing deportation, but they are “a necessary predicate to regaining the right to remain here in the country they call home.”
Thomas Decker, New York field office director for ICE’s Enforcement and Removal Operations, had a different message.
“While the governor’s pardons appear to be yet another politically driven attempt to circumvent federal immigrationlaw, whether or not they actually have any legal effect on individual immigration cases will be reviewed by ICE,” Decker said in a statement on Jan. 1.
“For aliens who remain subject to final orders of removal under federal law, ICE will execute those lawful orders.”
Most of those pardoned had obtained 
legal immigrationstatus at some point, 
but were convicted of crimes so serious 
that their legal status was forfeited, 
according to Jessica Vaughan, director of 
policy studies at the Center for 
Immigration Studies.
“However, it’s questionable whether this [pardons] will succeed, because under immigration law pardons do not necessarily wipe out the effect of the original conviction,” Vaughan said. “There’s also a potentially very negative political result, as people question why these governors would take this action to protect criminals from the consequences of their actions, or simply to undermine immigration laws that the general public wants to see enforced.”  
Among those granted pardons in New York is Freddy Perez, 53, who was convicted of criminal sale of a controlled substance in the third degree and attempted criminal sale of a controlled substance in the third degree in 1993, according to a statement released by Cuomo.
Perez is a national of the Dominican Republic who has lived in the United States for decades. He works as an electrician and helps look after his autistic brother. The pardon will strike his record and allow Perez to apply for citizenship, according to Cuomo.
Christopher Cavallo, 66, wants to be pardoned from his 1977 drug crime so that he can run for public office in Florida and expand his security business, according to Cuomo.
It is unclear which country Cavallo is a national of, but his security company has an office in Bogota, Colombia.
Vaughan said voters are not going to be fooled by the pardon.
“The reality for these people, whether they have been rehabilitated or not, is that these are not consequences they can escape by a governor exercising pardon authority like a magic wand,” Vaughan said.

Alternative Sentencing

Earlier this year, prosecutors in Brooklyn, New York, and Baltimore, Maryland, instructed their staff to consider alternative offenses and sentence modifications for illegal immigrants to protect them from possible deportation.

The Central Court Building in Brooklyn, N.Y. Acting Brooklyn District Attorney Eric Gonzalez has instructed staff to consider modifying sentences and changing offenses for illegal immigrants to help them avoid deportation. (Reading Tom/Flikr)

Acting Brooklyn District Attorney Eric Gonzalez said in a statement that his new policy aims to “prevent collateral consequences of convictions” for illegal immigrants. Certain convictions—such as felonies—trigger automatic deportation proceedings or other immigration difficulties.
Gonzalez instructed his assistants to consider “alternative offenses the defendant can plead to as well as reasonable modifications to the sentence recommendation.”
The alternative offense should be similar in level and length of sentence to that offered to a citizen defendant, but the charge may be different, Gonzalez said.
“For example, a plea to a misdemeanor trespass may be offered when appropriate instead of a misdemeanor drug offense,” he said.
Baltimore is also one of 11 cities and counties that are putting public money into a new program that provides free lawyers for illegal immigrants who are facing deportation.
The effort is part of the Safe City Baltimore initiative that was established on April 20 by the Open Society Institute–Baltimore, in partnership with the Baltimore City Mayor’s Office of Immigrant and Multicultural Affairs.
Open Society is a George Soros-run organization that has pledged to donate $1 for every $2 contributed to the Safe City Baltimore Fund.

Sanctuary Policies

Both New York and California have defied federal immigration laws and created sanctuary policies to protect illegal aliens from immigration enforcement.
On Oct. 5, Brown signed into law SB-54, which made the state of California a sanctuary effective Jan. 1, 2018. The new law says local and state law enforcement can be penalized for cooperating and communicating with immigration officials.
Typically, Immigration and Customs Enforcement (ICE) lodges a detainer to a local jail that is holding an illegal alien of interest. A detainer is a request that an inmate be held for up to 48 hours longer so that ICE can take custody.
Some sanctuaries, such as in Chicago, New York City, and Los Angeles, also forbid immigration agents from entering jails to interview convicted criminal aliens. The criminals are instead released back into the community.
“That doesn’t make sense to me,” ICE Deputy Director Tom Homan said on Oct. 17. “Every criminal alien that gets released by a sanctuary city that reoffends, has committed a crime that’s preventable.
“Even immigrant communities don’t want criminals in their communities.”
Homan said that as of July 31 this year, almost 10,000 criminal aliens who were released onto the streets—rather than being turned over to ICE—have committed another crime.

DACA Amnesty: What Is the DREAM Act, and What Would It Do?


Explaining the proposed amnesty for DACA recipients and the estimated $26 billion net cost
By Charlotte Cuthbertson, Epoch Times
January 3, 2018 1:05 pm Last Updated: January 5, 2018 10:32 am

WASHINGTON—The new year is expected to bring a frenzy of lobbying for the passage of the DREAM Act, or S.1615—effectively an amnesty for eligible illegal immigrants written into the Immigration and Nationality Act.
The bill was introduced to the Senate by Sen. Lindsey Graham (R-S.C.) in July and has bipartisan support. The DREAM stands for Development, Relief, and Education for Alien Minors.
Congress is under pressure to come up with a permanent fix for Deferred Action for Childhood Arrivals (DACA) recipients by March, after President Donald Trump rescinded the DACA program on Sept. 5.
DACA was introduced through an executive order by President Barack Obama in 2012 as a temporary measure that gave recipients renewable, two-year work authorization and deportation immunity.
“Now, let’s be clear, this is not amnesty, this is not immunity, this is not a path to citizenship—it’s not a permanent fix,” Obama said at the time.
The DREAM Act goes further than providing permanent amnesty for DACA recipients, however. It would provide conditional lawful permanent resident (LPR, or green card) status to about 2 million of the country’s estimated 11 million illegal immigrants, according to Congressional Budget Office (CBO) estimates.
Trump has expressed sympathy for DACA recipients, said last April, that they could “rest easy.”
On Sept. 7, he tweeted, “For all of those (DACA) that are concerned about your status during the 6 month period, you have nothing to worry about – No action!”
In October, Trump presented his immigration priorities to Congress that would have to be implemented before an amnesty for DACA was considered. The priorities include a wall along the southern border, a shift to a merit-based immigration system, and increased interior enforcement.
Right before the new year, Trump reiterated his stance, tweeting: “The Democrats have been told, and fully understand, that there can be no DACA without the desperately needed WALL at the Southern Border and an END to the horrible Chain Migration & ridiculous Lottery System of Immigration etc. We must protect our Country at all cost!”
A CBO report released on Dec. 15 has broken down the bill to show the numbers and estimated costs S.1615 would trigger.

What Does the DREAM Act Give?

The CBO estimates that 3.25 million illegal aliens meet the basic eligibility criteria, but, based on DACA application rates, about 2 million would apply and be approved.
“Their ages at the time they received the status would range from around 14 to the early 50s, with a median age in the late 20s,” the CBO report states. “The research indicates that the vast majority of conditional LPR recipients would be from Mexico or Central America.”
Applicants must meet the following criteria for conditional LPR status:
  • They must have had a continuous physical presence in the United States for the four years before the date of enactment;
  • They must have been under the age of 18 upon arrival in the United States;
  • They must not have violated any of a series of requirements related to crime and national security; and
  • They must hold at least a high school diploma or its equivalent, be enrolled in high school, or be participating in a program to prepare for a general educational development (GED) examination.
The current 700,000 recipients of DACA would be eligible.
So would children who are in the country illegally and meet the bill’s requirements, but are too young to start high school. They would be protected from removal until they enter high school and become eligible to apply for the conditional LPR status.
The bill also does not place an upper age limit on applicants, which DACA did (at 31 years).

Pathway to Citizenship

Recipients would be expected to work toward removing the conditional part of the LPR and apply for naturalized citizenship within eight years.
The CBO estimates that of the 2 million initial recipients of conditional LPR, roughly 1.6 million would be granted unconditional LPR status during the 2018 to 2027 period. Unconditional LPR opens the pathway to full citizenship.
A U.S. Citizenship and Immigration Services (USCIS) supervisor reviews citizenship applications in the Dallas Field Office in Irving, Texas, on Aug. 22, 2016. The USCIS processes millions of green card and U.S. citizenship applications every year. (John Moore/Getty Images)
“Roughly 1 million of the 1.6 million people receiving unconditional LPR status would become naturalized U.S. citizens during the 2018 to 2027 period, and that a substantial number of people would naturalize in the following decades,” the CBO estimates.
“Naturalization primarily affects the federal budget by allowing new citizens to sponsor some of their relatives for LPR status in categories that are not subject to annual numerical caps.”
To be eligible for citizenship, people would have to meet several criteria, including at least one of the following:
  • They must have completed a postsecondary program of education or at least two years toward a four-year degree;
  • They must have completed at least two years of honorable service in the uniformed services;
  • They must have maintained lawful employment for at least three years and at least 75 percent of the time during which they had valid employment authorization; or
  • They must have received a waiver from satisfying those requirements because of disability or child care responsibilities or because their removal would cause extreme hardship to an immediate relative who is a U.S. citizen or lawful permanent resident.
Under the bill, people who fail to advance beyond the conditional basis of LPR status within eight years would lose eligibility altogether and revert to their prior immigrationstatus.
The CBO estimates that most people would gain citizenship through meeting the work criteria.

Breakdown of DACA

The average age of a DACA recipient is 25, with the oldest around 37.
Only a few randomly selected DACA recipients were vetted through background checks during the original intake, and more than 2,100 recipients have since had their eligibility rescinded due to criminal convictions and gang activity, according to the Department of Homeland Security (DHS).
DACA recipients are not required to speak English and the application form has space for a translator.
The Center for Immigration Studies estimates that “perhaps 24 percent of the DACA-eligible population fall into the functionally illiterate category and another 46 percent have only ‘basic’ English ability.”
By the end of July, 820 DACA recipients had served in the military, according to DHS.
Immigration expert and retired senior special agent of the former INS Michael Cutler said DACA recipients “hit the jackpot,” but now the party’s over.
“We can’t keep on incentivizing illegal immigration and wonder why illegal aliens keep showing up,” he said.
The age cutoff for filing an application for DACA was 31 as of 2012, and Cutler is concerned about fraud. “Because there were no interviews and no field investigations, it is possible for illegal aliens who entered the United States well past their 16th birthdays to be able to game this process,” he said.

How Much Would Amnesty Cost?

The CBO estimates that the DREAM Act would generate a net cost of $26 billion over the next 10 years—assuming only 2 million of the 3.1 million eligible aliens sign up for it.
Most DACA recipients currently pay most taxes, but cannot receive most federal benefits. The DREAM Act would generate about $1 billion in extra tax revenue, but recipients would receive about $27 billion in new benefits, such as Obamacare subsidies, child tax credits, Medicaid, and food stamps.
The CBO estimates exclude state and local government budget impacts.

Sparking Chain Migration

Like other amnesties before it, a DACA amnesty would inevitably create a new surge of chain migration, according to Jessica Vaughan, director of policy studies at the Center for Immigration Studies (CIS).
“This is because the vast majority of the DACA beneficiaries originally arrived with their parents, and these parents plus any siblings typically are still living in the United States illegally,” Vaughan wrote on Sept. 27. “It is reasonable to assume that the DACA amnesty grantees would seek to sponsor their parents and non-citizen siblings at the earliest opportunity—which would be as soon as they obtain citizenship, under current rules.”
Most DACA recipients are from Mexico, which also has one of the highest rates of chain migration. In the most recent five-year cohort of immigrants studied (1996 to 2000), each new Mexican immigrant sponsored 6.38 additional legal immigrants, according to a CIS report.
The CBO doesn’t account for chain migration in its estimates. But an amnesty for the almost 700,000 DACA recipients would likely skyrocket once chain migration is factored in.

Where the Act Currently Sits

The DREAM Act was introduced to the Senate by Sen. Lindsay Graham (R-S.C.), on July 20, 2017, where it was read twice and referred to the Committee on the Judiciary.
Three senators originally co-sponsored the bill, and seven more have since joined.
Original Co-sponsorsSen. Dick Durbin (D-Ill.)Sen. Jeff Flake (R-Ariz.)Sen. Chuck Schumer (D-N.Y.)
Additional Co-sponsorsSen. Lisa Murkowski (R-Alaska)Sen. Catherine Cortez Masto (D-Nev.)Sen. Dianne Feinstein (D-Calif.)Sen. Kamala Harris (D-Calif.)Sen. Cory Gardner (R-Colo.)Sen. Michael Bennet (D-Colo.)Sen. Bill Nelson (D-Fla.)


Illegal Alien Felon Who Fired Shot That Killed Kate Steinle Won’t Serve Any More Time in State Custody


January 5, 2018 6:26 pm Last Updated: January 5, 2018 6:26 pm
Seven-time felon and illegal alien Jose Ines Garcia Zarate was sentenced to three years in prison on Friday, Jan. 1, after being acquitted of murder charges in the 2015 fatal shooting of Kate Steinle, FoxNews Reported.
But Garcia Zarate won’t serve any time in state custody because his sentence was reduced by the time he already served since being arrested.
He will be on parole for 48 months and remain in custody to face new federal charges filed against him on Dec. 5, shortly after his acquittal.
Garcia Zarate was convicted of felony possession of a firearm. The jury decided that was not responsible for the bullet he fired which ricocheted from the ground and fatally struck Steinle while she was strolling on the boardwalk with her father.

Jose Ines Garcia Zarate, right, is led into the courtroom by San Francisco Public Defender Jeff Adachi, left, and Assistant District Attorney Diana Garciaor, center, for his arraignment at the Hall of Justice in San Francisco on July 7, 2015. (Michael Macor/San Francisco Chronicle via AP, Pool, File)

Garcia Zarate smiled prior to the sentencing as shook the hands of his lawyers. His attorneys demanded a new trial, but the judge denied the motion. The defense lawyer plan to appeal the judge’s ruling
U.S. Marshalls are expected to take Garcia Zarate into custody to face the new charges filed by a federal grand jury. He is charged with being a felon in possession of a firearm and being an “illegally present alien” in possession of a firearm.
The public defender assigned to Garcia Zarate told Fox News that the charges are “discriminatory” and have been filed on behalf of officials upset with the acquittal.

Flowers and a portrait of Kate Steinle displayed at a memorial site on Pier 14 in San Francisco, Calif on July 17, 2015. (Paul Chinn /San Francisco Chronicle via AP, File)

Garcia Zarate faces another 10 years in prison if he is convicted of the new federal charges. He could be arraigned as early as next week. Immigration officials said that they plan to deport him for the sixth time.
Kate Steinle’s killing raised a national discussion about illegal immigration and sanctuary city policies. President Donald Trump blamed Steinle’s death on San Francisco’s sanctuary city policies.

The Kate Steinle killer came back and back over the weakly protected Obama border, always committing crimes and being violent, and yet this info was not used in court. His exoneration is a complete travesty of justice. BUILD THE WALL!

Garcia Zarate was deported five times before firing the shot that killed Kate Steinle. Before Steinle’s death, a San Francisco jail released him instead of handing him over to immigration authorities for deportation, Mercury Newsreported.

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