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Sanctuary Cities:
Sanctuaries for Criminals
http://www.familysecuritymatters.org/homeland.php?id=1298284
By Michael Cutler
Sanctuary
cities sound like a nice idea – but in reality, they provide havens for
lawbreakers at the expense of U.S. citizens and other legal residents. FSM
Contributing Editor Michael Cutler clarifies the reasons why our immigration
laws should not be ignored, but heeded.
“Sanctuary cities” have become the focus of much
attention of late in the wake of the horrific triple murder recently
committed in Newark, New Jersey.
The use of the term “sanctuary city” turns both
reason and truth upside down. The first shot fired in the "war of words" to
which open border advocates have resorted was fired by Jimmy Carter, when he
mandated that INS employees no longer use the term "illegal alien" to
describe an alien who was illegally present in the United States. His
commissioner for the INS, Lionel Castillo, mandated that the INS refer to
these people as "undocumented workers," a term that is still used today.
The term "alien" is not a pejorative but is, rather,
a legal term. The Immigration and Nationality Act defines an alien as a
person who is not a citizen or national of the United States. The term
"alien" goes back to the beginnings of our nation. The obvious goal in this
misuse of language is to obfuscate the issues. This is nothing short of a
form of Orwellian "Newspeak." Clearly, the goal is to blur the distinction
between aliens who are legally present in the United States and aliens who
are not.
A while back, the President stated that he wanted to
"legalize the immigrants." As I wrote at the time, this is akin to saying
that he wanted to make water wet! Legal aliens can take virtually any job
they are qualified to do, they can petition the government to accord
resident alien status for their immediate family members and, in fact,
immigrants can then be on the path to United States citizenship! How much
more legal would President Bush make them? I have also said the difference
between an immigrant and an illegal alien is the equivalent of the
difference between a houseguest and a burglar.
The concept of a so-called sanctuary city is not a
new development, but has been an issue for a number of years. On February
27, 2003, I was called to testify at a hearing conducted by the House
Subcommittee on Immigration, Border Security and Claims. The title of that
hearing was: "NEW YORK CITY'S 'SANCTUARY' POLICY AND THE EFFECT OF SUCH
POLICIES ON PUBLIC SAFETY, LAW ENFORCEMENT, AND IMMIGRATION"
The chairman of that subcommittee at the time, John
Hostettler, convened the hearing and started out by saying:
HOSTETTLER: The Subcommittee will now come to order.
On December 19, 2002, a 42-year-old mother of two
was abducted and forced by her assailants into a hideout near some railroad
tracks in Queens, New York. She was brutally assaulted before being rescued
by a New York Police Department canine unit.
The NYPD arrested five aliens in connection with
that assault. According to records that the Judiciary Committee has received
from the INS, four of those aliens entered the United States illegally.
Three of those four had extensive arrest histories in New York City. The
fifth alien, a lawful permanent resident, also had a criminal history prior
to the December 19, 2002, attack.
Despite the criminal histories of the four aliens,
however, it does not appear from the records that the Committee has received
that the NYPD told the INS about these aliens until after the December 19
attack. These heinous crimes prompted extensive public discussion of whether
New York City police were barred from disclosing immigration information to
the INS, a policy that may have prevented the removal of these aliens prior
to the December 19 attack.
Some suggested that the only reason that the three
illegal aliens were in the United States, despite their extensive arrest
histories, was because the NYPD officers who arrested these aliens
previously were barred by a so-called ''sanctuary'' policy from contacting
the INS. That policy, critics claimed, prevented NYPD officers from
contacting the INS when they arrested an illegal alien.
We will examine New York City's policy on the NYPD's
disclosure of immigration information to the INS. New York's Executive
Order, or E.O. 124, barred line officers from communicating directly with
the INS about criminal aliens. That executive order was issued by Mayor Ed
Koch in 1989 and reissued by Mayors Dinkins and Giuliani.
Two Federal provisions, both of which were passed in
1996, preempted this executive order. In particular, section 642 of the
Illegal Immigration Reform and Immigrant Responsibility Act bars States and
localities from prohibiting their officers from sending immigration
information to the INS. New York City challenged that provision in Federal
court and lost.
We will examine whether New York City continued E.O.
124, amended it, or scrapped it altogether. We will also examine what
guidance the city has sent to its officers on the street about reporting
criminal aliens to the INS.
You can read a transcript of that hearing in its
entirety here. In fact, I urge you to read it, and then I would like you to
consider precisely what the term “sanctuary” is supposed to mean.
The term "sanctuary" is defined, in part, by the
online Merriam-Webster Dictionary as:
"... a place of refuge and protection (2) : a refuge
for wildlife where predators are controlled and hunting is illegal b : the
immunity from law attached to a sanctuary"
If a sanctuary city is, indeed, "a place of refuge
and protection," then I believe that it would be wonderful if every city in
our country were a true sanctuary for law-abiding citizens and non-citizens
alike! However, we all know that the use of the term "sanctuary" represents
yet another example of semantic word-play and obfuscation utilized by those
who favor the dismantling of our nation's borders and the blurring (if not
the flat-out eradication) of the distinction between immigrants and illegal
aliens.
To declare a city as a sanctuary city, the mayor or
other such politician is declaring that the immigration laws should not be
enforced and our nation's borders should not be protected. Such politicians
cannot refute my assertions because it is impossible to otherwise explain
why they would want to encourage illegal aliens to come to their cities to
live and ply their trades whether they are construction workers,
landscapers, or child molesters, rapists, drug traffickers, gang members or
terrorists!
If this seems harsh to you, let me explain my
position as clearly as I know how.
Let us first understand that the inspections process
conducted by inspectors of CBP (Customs and Border Protection) is not a mere
formality. The inspector is not the equivalent of a toll collector on a
highway or bridge. The alien who runs our nation's borders is most
definitely not the equivalent of a motorist who fails to drop a couple of
quarters in the collection basket before driving across a bridge. The
inspector is charged with the extremely serious responsibility of making
certain that an alien seeking entry into our country meets the statutory
obligations to be admitted either as an immigrant (a Green Card holder) who
is permanently admitted (and who may ultimately be eligible to seek to
naturalize and become a United States citizen), or as a non-immigrant, that
is to say, a temporary visitor who may be coming for vacation, schooling,
business or some other temporary purpose and will presumably return to his
country after the purpose of his visit is completed.
The laws that the inspector enforces makes it clear
that there are distinct reasons to keep aliens from entering our country;
these laws are enumerated in the Immigration and Nationality Act, the body
of law that pertains to the admission of aliens into the United States.
There are also other issues pertaining to visitors’ continued presence in
our country, as well as their lawful right to petition our government for
resident alien status and United States citizenship.
In carrying out his duties, an inspector is charged
with the mission of keeping out aliens who pose a risk to our nation and our
citizens. Among aliens who are supposed to be barred from entering our
country are those who have altered (or have fraudulent) travel documents,
who have serious criminal histories, who suffer from mental illness, who
harbor deadly contagious diseases, who are involved with terrorist
organizations, who are involved with violent gangs, who would appear to be
intent on seeking unauthorized employment, or who would seek to become a
financial burden to our nation.
I can tell you from personal experience that the
mission of the inspector is extremely daunting. I began my career with the
former INS as an immigration inspector at John F. Kennedy International
Airport in New York in 1971. I held that position for about four years
before becoming a criminal investigator (special agent).
The mission of the inspector is of great
significance and as you might expect, when an alien runs our nation's
borders, the screening process mandated by law is utterly sidestepped. It is
no different from a burglar entering your home in the dead of night by
climbing in through a back window. While it is true that the majority of
illegal aliens are simply trying to take a job that an American won't do for
the money an illegal alien would accept (often under illegally dangerous
conditions), there are a significant number of illegal aliens who enter our
country without inspection because they are desperate to avoid law
enforcement authorities in their own countries for committing serious
crimes.
You cannot tell a dishwasher from a bank robber
without a scorecard, and undocumented aliens have no scorecards! Without
documentation, it is impossible to determine the name or nationality of an
illegal alien. It is impossible to know when, where, or how an illegal alien
entered our country. This is why I came to refer to the Senate
"Comprehensive Immigration Reform Bill" as the "Terrorist Assistance and
Facilitation Act of 2007." The overworked and inept USCIS (United States
Citizenship and Immigration Services) agency would have had to provide
official identity documents to some 100,000 illegal and undocumented aliens
each and every day, even though there would be no way of knowing their true
identities!
Yet there are politicians who are all too willing to
guarantee illegal aliens that they are welcome in their towns and cities. If
you were a fugitive alien desperate to avoid deportation (a relatively rare
occurrence), would you go to a city that cooperates with ICE? Or would you
go to a city that makes it clear that they will not even talk to officials
of ICE?
There are other issues to be considered when you
contemplate the issue of sanctuary cities. Illegal aliens are able to accept
lower wages because they generally live together in tiny apartments. Would
you like to live in an apartment or own a house where down the block, or
perhaps down the hall, 20 adult men are jammed into an apartment that was
originally intended to house a family of 4? This level of overcrowding
creates major hygiene issues, and such apartments can become fire traps.
When large numbers of illegal aliens move into a community, a number of
illegal enterprises often spring up to take advantage of this population.
Among these businesses are houses of prostitution to cater to the large
number of young, lonely, and isolated men whose families are generally
abandoned back home. These houses of prostitution often engage in human
trafficking in order to have an ample number of prostitutes to service their
customers. These brothels also create the potential for public health issues
with the spread of STDs.
Drug trafficking organizations may also spring up in
such neighborhoods, because most narcotics are produced outside the United
States and smuggled into the United States by aliens engaged in the drug
trade. I spent more than a dozen years working with various federal agencies
including the DEA, FBI and ATF, investigating narcotics trafficking
organizations. From 1988 until 1991, I was assigned to the Unified
Intelligence Division of the DEA in New York and I conducted a study about
the defendants who were arrested by the DEA. I found that in New York City,
some 60% of the individuals arrested by the DEA were identified as being
"foreign born." Nationwide, some 30% of the defendants arrested by DEA were
so defined.
Hospitals located in communities that harbor large
numbers of illegal aliens suffer the consequences of having illegal aliens
using their emergency rooms as primary health care providers, often not
being remunerated for the expenses they incur in treating the illegal aliens
who crowd the emergency room waiting area.
Sanctuary cities not only simply attract illegal
aliens into those communities, but also draw massive numbers of illegal
aliens across our nation's borders, convincing those aliens that they can
expect to be able to enter our country in utter violation of our laws and
have a safe place to set up shop inside the United States. The notorious
bank robber Willie Sutton was once asked why he robbed banks. His laconic
response: "That's where the money is!"
For aliens who seek to enter our country in
violation of law, their objectives are similarly focused. They too are
looking to get their hands on money by working in violation of law or by
committing felonies. The establishment of sanctuary cities encourages them
to attain their goals in our country. Terrorist sleepers would also,
undoubtedly, seek to embed themselves in communities where the likelihood of
cooperation between local police and immigration authorities is vastly
reduced.
Sanctuary is supposed to mean a place of safety. How
safe would you feel if you knew that there were large numbers of illegal
aliens living in your community whose true names and backgrounds are unknown
and unknowable? What a perversion of the word "sanctuary" this word play
represents!
It has been said that you get only one opportunity
to make a first impression. How our nation enforces and administers the
immigration laws sends a clear message to millions of people throughout the
world. Statements made by the President and other politicians such as
Senators Kennedy, Reid, Specter and McCain as well as Speaker of the House,
Nancy Pelosi, sends the outrageous message that in the United States, law
violators cannot only expect to get away with violating our nation's laws,
they can and should expect to be rewarded for violating our nation's laws!
When local mayors and other politicians declare their cities are sanctuary
cities, they amplify that potentially deadly message!
Every city should offer true sanctuary for every law
abiding citizen and visitor. Illegal aliens are not law-abiding as the open
borders advocates often like to claim. Illegal aliens are, as the name
implies, illegally present in our country. In order to seek to work in our
country or to conceal their true identities, illegal aliens often commit
identity theft. This is also a tactic used by hardcore criminals and
terrorists. I have read a number of articles that refer to identity theft as
being America's fastest growing white collar crime. I wonder how many of
these cases of identity theft were carried out by aliens who had no right to
be in the United States in the first place!
The primary responsibility of government on all
levels (federal, state or local) is to create a safe and secure environment
for the residents who live and/or work within the jurisdiction of that
government. When our government fails to deter illegal conduct and, in fact,
encourages law violators to move into that jurisdiction, public safety is
severely compromised. This past week, while I was doing a radio interview on
a radio show that was broadcast in Racine, Wisconsin I listened to a news
story that ran during a break in the interview. A group that purported to
represent the rights of immigrants (illegal aliens) stated that they did not
want the local police to work cooperatively with ICE to stop the "climate of
fear" that such cooperation fosters! Think about that statement: they made
the assertion that when the police cooperate with ICE, a climate of fear is
created. In law enforcement, the goal is to deter criminal and illegal
conduct as much as to detect violations of law and punishing those who
commit such transgressions. In fact, there are two purposes behind punishing
law violators: one, punish the violator. Two, those who might be
contemplating committing such violations are generally deterred when others
are punished. For example, sobriety check-points are intended to get drunk
drivers off the road. They are also intended to keep drivers from driving
while drunk.
“We the People” can end sanctuary cities by working
together to end the political nonsense of mayors and other officials who
show contempt for those who elected them by creating "sanctuaries” for
illegal aliens. If the administration were serious about enforcing the
immigration laws, they would cut off funding for those towns that refuse to
cooperate with ICE. However, the President himself has done everything in
his power to hobble efforts to enforce the immigration laws. It is time that
those who are seeking the presidency are made to articulate precisely where
they stand on the issue of immigration law enforcement. In order to truly
enforce the immigration laws and secure our nation's borders, the entire
immigration system must be made effective.
“We the People” must take our responsibilities as
citizens seriously!
Democracy is not a spectator sport!
Lead, follow or get out of the way!
FamilySecurityMatters.org contributing editor
Michael Cutler is a Fellow at the Center for Immigration Studies and a
well-respected authority on immigration and border security issues.
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