IMMIGRATION COMMISSION REPORT - A DISSENTING OPINION
taken from http://www.wlap.com/pages/pulse.html 
**THE FOLLOWING DISSENTING OPINION, INFORMATION AND STATISTICS WITHIN, HAVE NOT BEEN
 INDEPENDENTLY VERIFIED.  THIS INFORMATION IS THE SOLE PRODUCT OF THE AUTHOR*** 

Prepared by
Ms. Wendy DeVier
Community Volunteer Member of the Commission                                                 

October 1, 2007


PURPOSE

My dissenting opinion report has been written to represent an alternative
position to the Commission's findings.  My report contests those findings as
non-representative of my position.


PROCEEDINGS OF THE COMMISSION ON IMMIGRATION

The Commission on Immigration was empanelled by Lexington Mayor Jim
Newberry's Executive Order No. 2007-01. The mandate to the Commission was to
study federal, state and local immigration laws and how they may be applied
to address the growing immigration crisis, specifically illegal immigration,
in Lexington.

From June, 2007, to the issuance of this report, the Commission conducted a
series of working meetings and two public forums.  Little attention was paid
to issues representing the concerns of 95% of legal Lexingtonians.

Mayor Newberry has recognized in his meetings with local neighborhood
associations and the Lexington Neighborhood Association that legal citizens
and residents of Lexington overwhelmingly disapprove of policies that
agencies of the LFUCG practice in a "don't ask, don't tell" tolerance of
illegal aliens.

Mayor Newberry has heard concerns of ineffective law enforcement of
immigration law by the Lexington Police Division.  He listened to property
owners' demands for revised Housing Ordinances and increased Code
Enforcement, particularly in the Cardinal Valley-Gardenside area.  He
acknowledged complaints of abuse of social services by illegal aliens as
well as the growing burden placed on the Fayette County Public School
district as growing numbers of illegal aliens enroll their children.
Additionally, objections were raised as to issues of the unfair labor
practices surrounding the employment of illegal aliens in Fayette County.

The Commission recognizes the fact that federal immigration laws pre-empts
state and local laws.  Since 9-11-01 state and local communities
nation-wide have enacted over 1,100 anti-illegal immigration ordinances.
These legislative actions address the overwhelming numbers of illegal aliens
and negative consequences therein which those communities have experienced.

Unfortunately, a formal review and evaluation of specific federal, state
and local laws by the Commission was not done. Only four members were
familiar with state law or federal immigration law.  Two members were
immigration attorneys, one was a retired Justice, and one was a Commonwealth
Attorney.  The remaining five members of the Commission, including me, had
no working knowledge of immigration laws or their complexities. The
Commission's report does cite immigration laws as interpreted by the
Chairman to support their findings, conclusions, and recommendations.  In
fact, the Commonwealth Attorney raised grave concerns in the final meeting
that the Commission had inadequate findings of fact to support drafting any
recommendations.  His protest was overruled.

The Commission failed to objectively and comprehensively examine federal
immigration laws, applicable state and local laws, or their applications to
solve Lexington's illegal immigration crisis.  Consequently, the Mayor's
Commission on Immigration failed the mandate for which it was charged.

 Another barrier to the Commission's investigations was that no Fayette
County government agency was able to submit an accurate number of illegal
aliens encountered in the conduct of their business.  The Lexington Police
Division, the Fayette County Detention Center, the Fayette County Courts,
the Fayette County Public Schools, the Fayette County Health Department,
the Bluegrass Domestic Violence Program, and the Fayette County Housing
Authority do not ask the legal status of any participant in their programs.
Hence, the Commission's findings are predicated on assumption, hearsay,
opinion, anecdotal reports, prevailing myths, uncorroborated reports, and
raw numerical data.

Additionally, the Commission relied on a very limited number of
presentations.  Most were favorable to an open illegal alien policy in
Lexington, were admittedly supportive of illegal aliens in the community and
openly encouraged recommendations which would expand the illegal alien
population in Fayette County.  Only one speaker per topic was heard in
the working meetings.  No one from the County Health Department met with the
Commission although a written fiscal report was submitted.

The Commission denied two Commissioners' requests to have speakers from the
U.S. Department of Housing and Urban Development and the Immigration Reform
Law Institute address the Commission.

A "Model Local Licensing and Harboring Ordinance" and a "Model Local
Enforcement and anti-Sanctuary Ordinance" were submitted into the record.
The documents were drafted Immigration Reform Law Institute.  No discussion
of the ordinances was held by the Commission.

Statistical conclusions of data presented by the Commission are
mathematically invalid.  Only raw data were provided.  Statistical analyses
was not done with respect to illegal alien criminal activity, health
department utilization, the county court system, domestic violence, property
valuation, code enforcement, public school enrollment or detainees in the
detention center.  Without examining statistically significant incidences,
rates, population comparisons, trends, predictive models, or correlations,
the Commission's conclusions are misleading, inaccurate, inconclusive, and
unreliable.

Without actionable recommendations and constructive solutions by the
Commission, the LFUCG Council has been given no true direction. My intention
is to provide recommendations to the Council which preserve public safety,
property values, social service expenditures, and the reputation of
Lexington as the Horse Capital of the World.  Additionally, our community
and nation must reaffirm the rule of law as the primary basis of our
Democracy.  


                      LEXINGTON IS A SANCTUARY CITY

There is no official definition of Sanctuary City. The designation is a
historical derivative of sanctuary: "a place of refuge where the process of
the law cannot be executed."  Sanctuary has never been recognized in the
United States.  The United States Court of Appeals for the Second Circuit
affirmed U.S. immigration laws and did not consider sanctuary as a defense.
(USA** v. Francine La May).

In U.S. v. Aquilar, the Court of Appeals upheld the convictions of the
advocates for "bringing in or landing aliens," transporting or moving
undocumented aliens within the United States," and "concealing, harboring or
shielding aliens."

According to J. H. Walsh (4-16-07) when U.S. cities and even entire states
declare themselves to be "sanctuaries" for illegal aliens, they act outside
the law, and by their actions could be charged with a felony for each
violation by "concealing, harboring, or sheltering illegal aliens" (8 U.S.
Code, sections 1324 and 1325; Immigration and Naturalization Act sections
274 and 275).

Illegal entry into the United States ("entry without inspection") is a
misdemeanor, (INA Section 275(8 USC Section 1324).   Repeated illegal entry
is a felony.  Sanctuary cities and states demonstrate a complete contempt
for the laws of the United States, a contempt that threatens to undermine
the Republic.  Among those residing in U.S. sanctuary cities are terrorist
sleeper cells and others whose purpose is to destroy the United States.

Notwithstanding any other provisions of federal, state, or local law, a
federal, state or local government entity or official may not prohibit or in
any other way restrict any government entity or official from sending to or
receiving from any Immigration and Naturalization Service information
regarding the citizenship or immigration status, lawful or unlawful, of any
individual (Section 642(a) of IIRIRA, 1996, and Section 5434 of the Welfare
Reform Act of 1996, extended 2003).

In Gonzales v. City of Peoria, the Ninth Circuit opined in an immigration
case that the "general rule is that local police are not precluded from
enforcing federal statutes," 722 F.2d 468, 474 (9 th Cir. 1983).

The Tenth Circuit has stated there is, "a pre-existing general authority of
state or local police officers to investigate and make arrests for
violations of federal law, including immigration laws." United States v.
Santana-Garcia, 264 F.3d 1188, 1194 (citing United States v.
Vasquez-Alvarez, 176 F3d 1294, 1295).  None of these Tenth Circuit holdings
drew any distinction between criminal violations of the INA and civil
provisions that render an alien deportable.  Rather, the inherent arrest
authority extends generally to both categories of federal immigration law
violations.

The law on the question of illegal immigration is quite clear: arresting
aliens who have violated either criminal provisions of the INA or civil
provisions that render an alien deportable is within the inherent authority
of the states.  Indeed, when local law enforcement agencies do arrest and
detain aliens for violations of immigration law prior to transfer to federal
immigration authorities, it has been the regular practice of the federal
government to reimburse such agencies for any detention costs incurred.

The authority to make immigration arrests is a powerful tool that the local
police officer can use when necessary to protect the public.  It is
absolutely essential that state and local police officers have access to the
National Security Entry-Exit Registration System (NSEERS) information and
that they act upon it when encountering an NSEERS violator in a traffic
stop.  State and local law enforcement agencies must not adopt
ill-considered policies barring their officers from making immigration
arrests.

Present day sanctuary cities violate U.S. immigration laws by adopting a
"don't ask – don't tell" policy for illegal aliens.  Illegal protective
measures include municipal resolutions, city executive orders, law
enforcement departmental orders, city commission recommendations, a
governor's order, or merely unspoken but understood orders of "no
cooperation with federal authorities."

Despite non-compliance with federal law, sanctuary cities demand federal
money to subsidize education, environmental damage, water treatment plants,
police and fire protection, social handouts and welfare benefits required by
the growing population of illegal aliens.

Sanctuary cities are a magnet for illegal aliens. As states and cities
across the United States enact anti-Sanctuary laws illegal aliens are
migrating to Sanctuary states and cities.

In the Isaac administration, the LFUCG Council approved an official
resolution supporting the Immigration Reform Bill submitted to Congress.
Their resolution cited the agricultural industry's dependence on the illegal
labor force currently in the Bluegrass region.  The Congressional Bill
failed in a Senate vote in June, 2007.

On August 23, 2007, Lexington Police Division Chief Anthony Beatty
submitted a letter to the Commission on Immigration with a de facto official
LFUCG policy of not arresting illegal aliens in Lexington except in the
course of a criminal investigation.  Beatty failed to document police
cooperation with federal Immigration and Customs Enforcement officials.
Beatty contradicted incoming Chief Ronnie Bastin's, and Special Operations,
Narcotics, West Sector and Gang Task Force commanders' desire to have the
Immigration and Customs Enforcement 287(g) Law Enforcement Partnership
Training Program.

Beatty wrote, "We will not check the citizenship status of individuals
unless it is part of a criminal investigation.  No one besides me has the
authority to speak on behalf of or set the policy for the Division of
Police, and certainly no person outside of our agency can pretend to speak
for our intentions."  Presumably he referred to the LFUCG Council and
concluded his letter by saying, "the path is set."

Mayor Newberry said Beatty's letter spurned an immediate review of the
LFUCG Council's official policies toward illegal aliens in Lexington.  The
Mayor affirmed his commitment to "work closely with federal authorities" on
illegal alien issues.

In a report to the Commission on Immigration addressing the effects of
illegal aliens upon the Fayette County Court system, Fayette County
Prosecutor Larry Roberts revealed three facts.  First, he a routinely
reduces felony identification fraud charges for illegal aliens to
misdemeanors.  Second, Roberts supports a local permit for illegal aliens
who are denied state driver licenses by law. Third, Roberts admitted to
routinely giving English-challenged defendants an immediate release on their
own recognizance with notes to "return for a future court date."  Those
defendants routinely fail to appear.

The LFUCG Council's resolution to Congress supporting an illegal alien work
force coupled with Chief Beatty's policy authorizing the Lexington Police
Division not to enforce federal immigration law and with County Prosecutor
Roberts's preferential treatment of illegal aliens in the Fayette County
Courts defines one salient fact:  Lexington, Kentucky is a declared
Sanctuary City and is in violation of federal immigration laws.


IMPACT OF ILLEGAL IMMIGRATION IN AMERICA, KENTUCKY, AND LEXINGTON


Lexington is not alone in the crisis of illegal aliens.  In 2005, Owensboro
had the highest rate of illegal alien migration in the nation.  Kentucky is
the 6th leading state for illegal alien influx in the nation.  Louisville,
Shelbyville, Somerset, Paducah, Bowling Green, Paris, Versailles, and
Nicholasville are experiencing rapid expansions of their illegal alien
populations.  59% of Kentucky's total immigrant population arrived since
1990.

When referring to illegal aliens there is no ethnic differentiation.
Recent reports cite the highest rate of illegal alien status is from visa
overstays by students and visitors from India.  90 – 95% of illegal aliens
in Lexington are Hispanic.

By their sheer numbers, the Kentucky Center for Immigrant and Refuge
Rights, the Hispanic Association of Lexington, Hispanos Unidos,  and the
bi-lingual Hispanic publication, La Voz de Kentucky (Aztlan) claim to
represent the majority of the illegal alien population of Fayette County.

On April 10th, 2006, 7,000 Lexington Hispanics held a "Si Se Puede"
demonstration on the Lexington courthouse square coordinated with Hispanic
protests nationwide.  Voter registration by numerous unverified and
unidentified "Si Se Puede" demonstrators was promoted by protest organizers.

Hispanics were the only ethnic group represented on or by the Commission on
Immigration.

An accurate count of illegal aliens is impossible.  Most illegal aliens are
transient, live within sheltered properties, will not participate in
surveys, or avoid identification.

By 2000, the verified number of illegal aliens in Kentucky had expanded by
275% from 1990.  Illegal aliens in Lexington were estimated to be
5,000-7,000 in 1995.  The Commission on Immigration used the working number
of illegal aliens currently residing in Lexington of 35,000-50,000.

The Director of the Kentucky Bureau of Statistics, Ron Crouch, reports
12,000 – 15,000 confirmed illegal aliens in Fayette County. Due to an
inability to accurately count illegal aliens, Crouch said the actual number
is "probably 2 ½ to 3 times that number (30,000-45,000)." This increase is
between 250% and 300% in twelve years.  A predictive model would estimate
the number of illegal aliens residing in Fayette County **by 2017 as between
62,400 and 112,500.

The annual cost of illegal aliens to taxpayers is significant.  Nationally,
the use of welfare programs by non-nationals (legal and illegal) is twice
that of native households.  32% use food assistance, 31% use Medicaid, 6%
use cash assistance.  The estimated national cost of illegal immigration to
U.S. taxpayers is $338.3 billion per year. $11 -22 billion is spent on
welfare to illegal aliens.  $2.2 billion is spent on food assistance to
illegal aliens. $2.5 billion is spent on Medicare for illegal aliens.  A
combined $90 billion a year is spent on illegal aliens for welfare and
social services by American taxpayers.

By 2020, the estimated annual cost to Kentucky taxpayers for emergency
medical care, education, and incarceration resulting from illegal or "guest
workers" and projected costs based on amnesty will be $207 million.

At present, Hispanic health care costs to the Fayette County Health
Department approaches $2.7 million of the total annual budget of
approximately $11.8 million or 22.88%.

Shelbyville, KY is the most recent of Kentucky's communities to have closed
its maternity, labor and delivery services due to the cost of non-reimbursed
care for indigent and illegal alien patients.  25-50% of all non-insured
patients in the United States are illegal immigrants.  While federal law
requires that all persons in the United States must receive emergency treatment 
if presented to the emergency room (HIPA) there is no obligation to provide non-
emergency care, preventive health care (other than for immunizations or treatment 
of communicable diseases) or private medical treatment for illegal aliens.

The detention of illegal aliens in the Fayette County Detention Center
cannot be verified by number.  The rate of Hispanic detainees, however, has
doubled in just less than 7 years.  There is a $55.00 per diem cost to
taxpayers per detainee.  The Hispanic population in Kentucky state prisons
has tripled in 10 years.

Nearly 1,000,000 sex crimes per year are committed by illegal aliens in the
United States.  The overall crime rate is of Hispanic illegal aliens is 2 ½
times that of white legal aliens. The annual uncompensated cost of
incarcerating illegal aliens in Kentucky **state prisons is currently $395,
000.00.  $3 million per day is spent to incarcerate illegal aliens across
the nation.  30% of federal prison inmates are illegal aliens.

Nationally, $12 billion are spent on primary/secondary education for
children who are here illegally. $17 billion is spent on education for
American born children of illegal aliens or "anchor babies."  In the Fayette
County Public Schools, during the 2005-06 school year, $3,035, 000.00 was
spent on non-English speaking students (K-12) of which $3,000,000.00 was for
English As a Second Language instruction.

$200 billion per year are estimated as suppressed wages in the United
States due to illegal alien labor.  In 2006, the United States** lost $45
billion in remittances back to illegal aliens' countries of origin.

In 2005 between 4 million and 10 million illegal aliens crossed the
southern borders.  As many as 19,500 border crossers were illegal aliens
from Terrorism Countries.  Millions of pounds of drugs, cocaine,
methamphetamine, heroin, and marijuana crossed onto the United States **from
the southern boarders that same year.

                  ILLEGAL ALIEN IDENTIFICATION CARDS

Any form of non-state issued motor vehicle permits were tabled by the
Mayor's Commission on Immigration in the face of Kentucky's strict
drivers' license law.

A state or municipal issued form of personal identification was proposed
and rejected for three reasons.  1. The applicant would have to submit to
federal criminal background checks, photographs and fingerprinting. 2. The
applicant would have to provide accurate documentation of true identity.  3.
Prohibitive production costs.


                      HISPANIC CRIME IN LEXINGTON


Incoming Lexington Police Division Chief Ronnie Bastin presented the
Commission on Immigration selected Hispanic crime rates.  Of note are the
reported Hispanic violent and non-violent crime rates which exceed the
published 4.7% Hispanic population in Lexington and that these trends show a
steady increase over 7 years.  Reported crimes do not reflect actual crimes
that have been committed.  Bastin reported the Hispanic detentions in the
Fayette County Detention Center have doubled in five years.

In the past year, one Lexington Police officer was assaulted by an
assailant among a gang of four Hispanics.  In the summer of 2007, a drive-by
shooting involving a reported 5-6 Hispanic youths injured a Lexington teen.
These crimes remain unsolved to date.

Two months of police reports from 2007 were provided by the County
Attorney's office detailing white, black, Hispanic and Asian (legal and
illegal) arrests in Fayette County included non-moving and moving traffic
violations, drug and alcohol related arrests, and violent criminal arrests.
Hispanic criminal arrests of at least two times the reported 4.7% Hispanic
population in Fayette County are included in the following table:

                                     CRIMINAL ARRESTS

Incidence
Hispanic/Total Arrests


Criminal possession of  I.D.
                                    17.9%
(45/145)


Federal Prisoner (custody)
                                      25.0%
                              (44/173)

Providing false name to police
                                      14.3%
(13/91)


Rape – 2nd Deg (no force)
                                         12.5%
(1/8)


Armed Robbery (business, weapon not identified)
100%                                   (1/1)


Stalking – 1st Deg
                                                                 21.4%
(4/14)


Shoplifting (Misdemeanor)
  11.0%                                 (68/620)


Felony Theft of lost
property
100%                                  (2/2)


Unlawful Imprisonment - 1st Deg
10%                                    (2/20)


Unlawful transaction with a minor – 1st Deg
40%                                   (2/5)


Unlawful transaction with a minor – 2nd Deg
   43%                                    (3/7)


Wanton endangerment of a police officer – 1st Deg
12.5%
(1/8)


Felonious
Intent
      20%                                   (1/5)

                               DRUG AND ALCOHOL RELATED ARRESTS

 Volatile substance abuse
                                                     40.0%
                                   (2/5)

Public intoxication - 1st & 2nd offense
19.3%                                    (673/3495)


Excessive window tinting
                                            72.2%
(13/18)


DUI –2nd or more offense/5 yrs
12.67%                                  (19/150)


DUI (sub-impaired) – 4th offense/5 yrs
                               100%
(1/1)


DUI – 1st offense
                                                      17.8%
(113/679)


Trafficking in marijuana (5 lb or more) – 1st offense
36.5%
(4/11)


Trafficking in marijuana (1/2 – 5 lbs) – 1st offense
27.6%
(8/29)


Incidence                        Hispanic/Total Arrests


Loitering for purposes of using contr. Substances
      100%                                     (1/1)



                                                     TRAFFIC VIOLATIONS


Leaving Scene of accident – Hit and run
30%                                    (6/20)


Reckless
Driving
30.0%                                 (75/249)


 Speeding
        50.0%                                 (1/2)


 Careless driving

48.7%                                 (19/39)



 No vehicle registration
                                                         50.0%
 (4/8)

Expired registration plates
                                                    32.7%
    (39/110)


No operator's license
                                                        70.9%
 (39/55)


 No Insurance – 1st offense
                                                      68.2%
(15/22)


No operator's license with restricted driver
50.0%                                  (1/2)


 License to be in possession
                                                   45.45%
 (15/33)


Improper passing
                                                               66.6%
 (2/3)


 Improper display of registration plates
                          52.4%                                   (11/21)



Failure to use child restraint device
                                          100%
   (1/1)


Improper signal
                                                        60.0%
 (9/15)


 Failure to illuminate headlamps
                                            52.6%
 (10/19)


 Disregarding stop sign
                                                        61.1%
   (19/31)


Disregarding traffic control device 43.1%
 (28/65)





Fayette County Detention Center figures for two months in 2007 were also
provided by the Fayette County Attorney and identified ethnic detention
rates.  Detention intake rates for legal or illegal Hispanics account for
22.1% of all detainees processed into the facility.  On day 2 this
sub-population rate was 23.8%. Day 3 Hispanic detentions reduced to
13.8% but rose to 17.2% on Day 4.  Day 5-10 Hispanic detention rates were 
6%-17%.  Only thereafter to Day 397 did the Hispanic detention rates correlate 
with the Hispanic population figures for Fayette County.

Most Hispanic gang crime is Hispanic on Hispanic and often goes unreported.
 In 2003, Chief Beatty acknowledged the presence of several Hispanic gangs 
in the Cardinal Valley area, specifically MS-13 and Latin Kings.  Gang graffiti 
is their method of marking geographical turf boundaries warning the community 
to respect the gangs and to warn other gangs to stay clear.

Recently, the Lexington Police Division increased its Gang Task Force to
three primary investigators.  Hispanic gangs in Lexington include the El
Salvadoran MS-13, Latin Kings and Mexican organized drug gangs. Their
reputations are foreboding in terms of violence, human smuggling, drug
trafficking, prostitution, and sexual assault.  The Director of the Kentucky
Law Enforcement Agency identified Lexington as a major hub for Hispanic drug
trafficking since Lexington is at the crossroad of I-64 and I-75.  The
traveler hotels at the Winchester Rd.-I-75 interchanges are the area of
highest activity.

The Fayette County Detention Center does not identify detainee legal
status.  Furthermore, the Chicago Office of the Immigration and Customs
Enforcement Special Agent in Charge reports staff members of the Detention
Center are under strict orders not to contact or cooperate with federal
agencies.  ICE is rarely contacted for immigration related matters and is
relegated to having one or more of the three ICE Resident Agents in Charge
assigned to Kentucky physically go to the Detention Center in their
investigations.

On June 26, 2007, Commonwealth Attorney General Greg Stumbo issued his
advisory to Kentucky law enforcement agencies.  The Attorney General
outlined federal and state laws citing the authority of local law
enforcement agencies to arrest and detain illegal alien criminals. Federal
Immigration officials must be notified to assume custody of the illegal
alien offender.  Local federal authority to process deportation proceedings
of criminal illegal aliens is needed.

In 1996, Congress added section 287(g) to the Immigration and
Naturalization Act, providing for the establishment of written agreements
with state law enforcement agencies to convey federal immigration
enforcement functions to such agencies.  The Illegal Immigration Reform and
Immigration Responsibility Act (IIRAIRA), effective September 30, 1996,
added Section 287(g), the performance of immigration officer functions by
state officers and employees, to the Immigration and Nationality Act (INA).
Local law enforcement officers receive federally funded training in a four
week course and function in their usual employment capacities while under
the supervision of sworn Immigrations and Customs Enforcement (ICE) officers
for immigration matters.

The cross- designation between ICE and state and local patrol officers,
detectives, investigators, and corrections officers allows these local and
state officers:

Necessary resources and latitude to pursue investigations relating to
violent crimes, human smuggling, gang/organized crime activity,
sexual-related offenses, narcotics smuggling and money laundering; and
increased resources and support in more remote geographical locations

Additional ICE Partnership Programs give local law enforcement agencies the
tools needed for expanded technological investigations of child predators,
cyber-crimes, bomb threats, WMD** threats, Identity and Benefit Fraud,
Intellectual Property Rights protection, fugitive apprehensive and removal,
and domestic intelligence sharing of matters of Homeland Security and
terrorism.

A growing number of state and local law enforcement agencies across the
country have entered into ICE Memorandums of Agreement. They have identified
tens of thousands of illegal alien criminal offenders in their communities
who have been subsequently deported.

Two Commission members repeatedly asked for an ICE 287(g) Partnership
Training Program presentation by ICE officials.  Delays in contacting ICE
and one cancellation of a set date due to unacceptable conditions have
resulted in no presentation to the Commission as of yet.  Efforts to
reschedule the presentation are reportedly in process.

On September 27, 2007**, Governor Ernie Fletcher announced ICE 287(g) will
be utilized in Kentucky Department of Corrections' prisons.  He will be
working with local communities to ensure that ICE 287(g) Partnership
Programs will be in detention centers throughout the Commonwealth.



HIGH SECURITY RISK EVENT (TERRORISM): 2010 FEI** WORLD EQUESTRIAN
GAMES

The Commission on Immigration did not address the impact of illegal
immigration on the 2010 FEI World Equestrian Games.  After receiving the
award for the Games in the United Arab Emirates, the Games' coordinator
revealed their designation as a "High Security Risk Event-Terrorism" by the
Department of Homeland Security.  The Games' Security Director is the
leading Large Event Security expert in the United States.  Planning and
preparation for securing the Games against the threat of terrorism began
immediately and is ongoing.

The Games are a shared federal, state and local law enforcement
responsibility.  Lexington has the dominant law enforcement role in their
successful operations.  Indeed, the reputation of Lexington as The Horse
Capital of the World depends upon a safe, secure and successful outcome.
Lexington has assumed the leading duties of ensuring the welfare of nearly
700,000 members of royalty from England, Europe, and the Middle East as well
as heads of state, dignitaries, VIPs, spectators, workers, participants,
visitors and their families and possessions from 63 foreign countries and
the United States.

The Secretary of the Department of Homeland Security Director, Dr. Michael
Chertoff, stipulates that the critical element of Homeland Security is the
participation of law enforcement agencies on the local level.  These
agencies are force multipliers in the role of protecting the United States 
from domestic acts of terrorism.

The Federal Bureau of Investigation released a terrorism advisory in July,
2007.  In the past five years there have been multiple breaches of Homeland
Security by Al Qaeda terrorists and members of other terrorist
organizations.  There are a suspected several dozen terrorist sleeper cells
within America's boarders.  These terrorists enter across the Southern
U.S.-Mexico boarders with Hispanic appearances, carry fraudulent Hispanic
documents while having assumed Hispanic identities, and speak fluent
Spanish.  They may have access to several of the suspected 200 dirty bombs
in the United States **left over from the Cold War. These cells are expected
to become active over the next three years.

The Games' integrity and security of public safety must be realized in view
in of the proximity to the Games of the Bluegrass Weapons Depot.  The
nation's largest stockpile of VX, Sarin and other irritant gases are within
20 miles upwind from the Games.  The Depot is classified as a "Hard Target"
for domestic terrorism.

ICE 287(g) is the primary tool that local enforcement has available to
them for carrying out their duties concerning threats to national security.
For the next three years ICE 287(g) may prove to be the most valuable
resource for local Fayette County law enforcement agencies in identifying,
intervening and deterring potential terrorist criminal activities targeting
the 2010 FEI World Equestrian Games.


PUBLIC HEALTH AND HOUSING

The Center for Disease Control reports the prevalence of communicable
diseases in America's illegal alien population.  Chagas Disease, drug
resistant tuberculosis, hepatitis A, B and C, AIDS, mumps, measles, malaria,
yellow fever, enteric-pathogen illnesses, influenza, sexually transmitted
diseases, leprosy, Dengue fever, and infectious skin diseases are cited.

In the last year three cases of hepatitis in food handlers were reported in
Fayette County and two cases of tuberculosis were reported at Lafayette High
School.

In the paper submitted to the Commission on Immigration by the Fayette
County Health Department, only a fiscal accounting breakdown was provided.
Public Health statistics of incidence rates for reported communicable
diseases, community acquired illnesses, treatment rendered, or Preventive
Health measures instituted were withheld.

Communicable or infectious diseases flourish in overcrowded housing
conditions with inadequate hygiene of occupants, inadequate sanitation, and
compromised environmental living conditions.  Infants, small children, and
the elderly are at increased risk for contracting communicable diseases and
suffer increased rates of mortality and morbidity.

Non-native born illegal alien children are significantly less likely to
have completed their childhood immunization schedules upon arrival to the
United States.  Most receive no infant immunizations.  There are
innumerable children of illegal aliens who live and circulate throughout the
general community for months and years prior to receiving their initial
vaccination series.  This scenario presents a serious public health threat.

Overcrowding ordinances state that dwelling units shall not be occupied by
more occupants than permitted by minimum area requirements.  The 1998
International Property Maintenance Code Commentary reports, "Overcrowding is
often a problem in rental properties and in small single-family dwellings.
It can create serious problems.  For example, disease spreads more easily,
privacy is lost; mental health is affected; and buildings are subject to
more abuse and wear.  Overcrowding can have a destructive effect on a whole
neighborhood if it takes place in several houses on the same block or in
several units in the same units in the same apartment building."

Overcrowded housing presents a high-risk flood and fire hazard with
increased risk of injury, loss of life and property loss.

David Jarvis, Director of Fayette County Code Enforcement, told the
Commission that over 11,000 citations were issued in Lexington by nine
officers in 2006.  His effectiveness is restricted by not have a Housing
Ordinance authorizing access to dwelling interiors when accompanied by law
enforcement officers.  He faces financial limitations, manpower shortage,
and limited hours of enforcement.  He stated that enforcing excessive motor
vehicle residential parking is limited due to a lack of a county ordinance
addressing the issue.

"Taco Flats" is the colloquial descriptive geographic term for the Cardinal
Valley-Gardenside region of Lexington as related to the Commission on
Immigration by former LFUCG Councilman Paul Brooks.  Formerly a respectable
middle-class community built predominately by "The Greatest Generation" of
World War II and post-war Lexingtonians, it was a place where these proud
citizens raised their children and looked toward retirements from investing
in home ownership.

For 15 years "Taco Flats" has become the highest density residential and
commercial area of the Hispanic community in Fayette County.  It is a
neighborhood with increasingly blighted properties.  Excessive signage has
resulted in unsightly and visibly dilapidated streets.  Property maintenance
has deteriorated.

A listing of residential property sales was obtained from the Lexington
Bluegrass Association of REALTORS.  Between September, 2003, and September,
2007, the Cardinal Valley subdivision had an average residential median sale
price increase of 1.77%.  Overall, the average increase of residential sales
prices in Lexington for the past four years is 4.5% per year.

Many property owners no longer feel secure on their own properties.  Many
feel unsafe outside their homes at night for fear of violent crime. Others
have discontinued park visits and outdoor recreational activity. Reports of
random gunshots at night have been raised. Alcohol and drug use is prevalent
while drug trafficking is frequently observed.  Domestic abuse is
commonplace.  Intimidation of non-Hispanic residents is practiced by
militant Hispanic youth and gang members.   Excessive vehicle parking is the
norm, not the exception, due to overcrowded housing.  The slaughter and
processing of large animals and chickens in driveways and backyards is a
frequent practice by the new residents and neighbors of Lexington's new
Hispanic barrio community, now known as "Taco Flats."

The police publicly state that a mutually respectful rapport exists
between Hispanics in Cardinal Valley-Gardenside and themselves.  Their
conciliatory attitude in private is that have poor, unreliable, and
uncooperative intelligence among Hispanics who protect their own.  Illegal
aliens come to Lexington through a contrived series of deception and lies.
 It is unreasonable to expect master manipulators of the truth to be up
front, forthright, and honest when dealing with law enforcement.  This
ethnic and culturally based non-cooperation has built a wall of silence by
the Hispanic community in order to insulate and isolate them.

THE BUS

The steady influx of illegal aliens to Lexington has increased weekly due
to visa overstays.  American bound foreign nationals depart Monterey or
Zacatecas, MX by bus and enter the United States at the -Laredo, TX 
border.

Fraudulent identification and, international travel or employment documents
may be purchased in the Zacatecas terminal. After obtaining 30 day temporary
visas from the United States Border Authority to visit America and return to
Mexico, the passengers are transported in buses owned by Transportes Los
Nortenos. The bus service travels to Ohio and Indiana, via North Carolina,
Kentucky and Kentucky, 2-3 times per week.  In Lexington, passengers
unload in the Dawahares parking lot on Alexandria Dr., or one of several
alternate locations, in numbers up to 60 per bus.

Passengers are immediately absorbed into the immigrant community of
Lexington.  They may obtain fraudulent American identification from "I.D.
factories" operating in west Lexington and Eastland, seek employment, and
remain indefinitely after the expiration of their visas.

In the past two years, buses operated by Transportes Los Nortenos have been
found to be carrying several million dollars of illegal drugs when stopped
and searched by authorities in North Carolina and Tennessee.

CONCLUSION

This content, facts, representations, positions taken and observations
contained in my Dissenting Opinion are the result of hundreds of hours spent
in the community talking with citizens, telephone conversations, emailing,
and reading conducted during my official capacity as Community Volunteer
Member of the Mayor's Commission on Immigration.  I received input from
Lexingtonians of most districts, in particular many of Cardinal
Valley, Alexandria Drive, Gardenside, and Garden Springs areas.

 While submitted to the Lexington-Fayette County Urban County Government
Council in my name, my report represents a collaborative effort by dozens of
concerned citizens in Lexington, in Kentucky and across the country.  The
contributors to my report represent citizens who hold a rising sentiment
that unbridled illegal immigration into the United States of America, the
Commonwealth of Kentucky and the Bluegrass community threatens the
American way of life and the National Security interests of our community
and our Nation.

These generous citizens researched endlessly and without compensation in
order to provide accurate, verifiable and reproducible findings.  They are
the men, women, children, blue collars, white collars, small and large
business owners, talk show hosts, newspapers, veterans, law enforcement,
retirees, executives, health care workers, attorneys, federal officers,
mothers, fathers, grandparents,  horse industry workers, farm owners, social
service providers, past and present LFUCG employees, and other regular
Americans who see the encroachment of illegal aliens in violation of our
sovereignty as ultimately reaching critical mass while their elected
officials do nothing.

Input to my comprehensive report was accumulated in a remarkable series of
submitted materials from American citizens of the Kentucky communities of
Lexington, Versailles, Nicholasville, Paris, Shelbyville, Frankfort, and
Louisville.  Information contributing to this Dissenting Opinion was sent
from distant cities, towns and communities of Georgia, California, North
Carolina, Alabama, Oklahoma, Texas, Florida and Washington, D.C.**  The
Heritage Foundation, NumbersUSA, the Federation of Americans for Immigration
Reform, and Kentuckians for Immigration Reform and Education were sources of
information, as well.

Regular advisories have been sent continually to Governor Ernie Fletcher,
Attorney General Greg Stumbo, State Senator s Tom Buford and Kathy Stein,
State Representative Alice Kerr, the Federation of Americans for Immigration
Reform, Kentuckians for Immigration Reform, the United States Department of
Justice, and the Department of Homeland Security Immigration and Customs
Enforcement Agency.  The Lexington Fayette County Government has received
similar electronically transmitted advisories and other information.

From the appointment of the Commission on Immigration throughout its term,
the glaring question asked by so many for the duration was, "Why are the
majority of the Commission's members responding solely to the expressed
demands of less than 5% of Lexington's residents (illegal aliens and legal) while
remaining unresponsive to the expectations of the 95% legal citizens,
resident aliens and Naturalized immigrant citizens?  In the first public
meeting of the Commission's proceedings, ACLU attorney delivered a coercive
and intimidating threat to the Commission.  She advised them not to
recommend any changes in the way Lexington has embraced illegal immigrants
or the city would face endless and expensive court challenges.  One man who
identified himself as a member of the 2010 FEI **World Equestrian Games
advised the Commission not to recommend any changes to the LFUCG Council
which would affect the illegal alien workforce needed to ensure the success
of the $1 billion Games.  The illegal alien work force were needed to "muck
stalls, clean bathrooms and make the beds" for the 700,000 horses and people
who will attend.

Governor Fletcher, Attorney General Stumbo, Senator Mitch McConnell and
Senator Jim Bunning have joined to stop Sanctuary status in the
Commonwealth.  In a global society, no community stands alone nor does one
community act independently of its neighbors without concentrated scrutiny.

Failure to act (omission) or acts  taken  by the LFUCG Council (commission)
which are construed as willful, intentional or collaborative efforts to
violate federal immigration laws or state civil laws will leave the
individual members of the Council at personal exposure of civil or criminal
charges for negligence, obstruction of justice, and aiding and abetting
known felons.  Should the city remain in a Sanctuary City designation,
through the principle of assumed liability, the Council members could be
liable for personal injury or loss of life as perpetuated by illegal alien
criminal offenders.  Not only do the Council members need to know that their
legal responsibilities are to their citizen constituents, they should know and 
they must know to whom they answer. The majority of Lexingtonians expect 
things to change and they expect things to change to improve Lexington as 
a whole, not for a vocal and manipulative minority.

As the Council deliberates recommendations and Dissenting Opinions
submitted to the Commission members, they should keep the following legal
constraints in mind:

1.  Any person who encourages or induces an illegal alien to reside
knowing or in reckless disregard of the fact that such residence is in
violation of law, shall be punished as provided for each illegal alien in
respect to whom such a violation occurs: fined under title 18 (INA) and
imprisoned not more than five years or both.  A person (including a group of
persons, business, organization, or local government) commits a felony when
she or he: 
     1.) assists an illegal alien s/he should reasonable know is
     illegally in the U.S. or who lacks employment authorization, by transporting, 
     sheltering, or assisting him or her to obtain employment
     2.)Encourages that illegal alien to remain in the US by referring him or her
     to an employer or by acting as an  employer or agent for an employer in any
     way, or 
     3.) knowingly assists illegal aliens due to personal convictions.

2.  An alien who is not a qualified alien is not entitled for any
federal public benefit except for emergency medical care, disaster relief,
and public health assistance for immunizations and testing of communicable
diseases.

3.  States are bound by the Supremacy Clause of the United States
Constitution to enforce violations of federal immigration laws.

4.  Any alien who is present in the United States is in violation of
INA Section 237(a)(1)(b) or any other law of the United States is
deportable.

5.  Illegal aliens are not a suspect class entitled to Fourteenth
Amendment based strict scrutiny of any discriminatory classification based
on that status nor are they defined by an immutable characteristic, since
their status is the product of a conscious unlawful action.

6. An employer has constructive knowledge that an employee is an
illegal unauthorized worker if a reasonable person would infer it from
facts. Conspiracy between the local government in the provision of unlawful
benefits to illegal aliens promote an illegal enterprise that makes money
from criminal human and drug trafficking constitute RICO law violations
Sanctuary policies are illegal.


RECOMMENDATIONS TO THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT

1.  Issue a policy statement reassuring the public that Lexington
will no longer be a Sanctuary city for illegal alien migration.  Federal
immigration laws will be enforced within Fayette County.

2.  Assume absolute policy control of the Lexington Police
Department, the Fayette County Sheriff Department, and the Fayette County
Detention Center.

3.  Require the Lexington Police Department Chief (designate), the
Fayette County Sheriff, and the Fayette County Detention Center** to
participate in full and complete cooperation of the Division with federal
law enforcement agencies.

4. Enter into a Memorandum of Agreement (MOA) with the United States
Immigration and Customs Enforcement Agency for an ICE 287(g) Law Enforcement
Partnership Training Program for the Lexington Police Department, the
Fayette County Sheriff Department, and the Fayette County Detention Center.

5. Ensure ICE 287(g) certification extends to selected members of
the Lexington Police Department traffic and patrol divisions so that
in-the-field utilization of ICE data bank information via in-car Mobile Data
System s is provided.

6. Initiate a public relations campaign to educate citizens that
ICE 287(g) will be directed towards criminal offender illegal aliens.
Victims of crime, witnesses of crime and law abiding illegal aliens will not
be asked their legal status.

7. Expand the Lexington Police Department's intelligence gathering
abilities and Gang Task Force assignments.

8. Require all county law enforcement agencies to adhere to Attorney
General Greg Stumbo's Law Enforcement Advisory of June 26, 2007**.

9. Oversee an immediate expanded preparedness plan for training,
procedures and support centered on a full cooperative relationship with
federal law enforcement in anticipation of the increased logistical demands
of the 2010 World Equestrian Games.

10. Request the Fayette County Prosecutor to end the practice of
plea-bargaining felony fraud identification charges to misdemeanors.

11. Establish an English only policy for all LFUCG affairs.

12. Establish statistical methods for utilization by all LFUCG
agencies to identify the legal status of all persons served by those
agencies.

13.  Adopt, in modified form as needed, the Model Licensing, Housing
and Anti-sanctuary Ordinances drafted by the Immigration Laws Reform Policy.

14. Enact a Fayette County Safe Transportation Ordinance requiring
all interstate bus operators to pick up or discharge passengers and freight
in designated and approved locations by permit or terminal facilities only.
Accurate manifestos and/or passenger lists should be required for each trip.

15. Revise current Code Enforcement ordinances to permit access by
Code Enforcement Officers, when accompanied by law enforcement, into
residences for the purposes of enforcing Housing Codes.

16.  Increase funding of the Lexington Housing Authority necessary to
expand hours of operation and to meet increased staffing requirements.

17. Enact an ordinance restricting the number of vehicles which can
be parked on a residential property.

18. Enact an updated County Signage Ordinance.

19. Require proof of legal citizenship, legal residency, or legal
visa status for social services not mandated by law.

20. Initiate a Fayette County Health Department statistical review of
all communicable diseases reported in Fayette County for regular review by
the LFUCG Council.

21. Clarify the policies and procedures for determining the
qualifications for care of all patients cared for by the Fayette County
Health Department.

22.  Reassess the standards of employment health certifications for food
handlers in Fayette County.

23. Implement a public health campaign to identify children at risk
who lack completed immunization schedules and treat those identified on a
confidential basis without regard to legal status.

24. Implement a public health campaign to identify adults at risk for
communicable diseases and treat those identified on a confidential basis
without regard to legal status.

25. Establish an effective means whereby the Fayette County Tax
Collections Office will identify and capture unrealized county employment
tax revenues due to the expanding numbers of employees paid on a cash basis
with or with the issue of IRS Form 1099 documentation.

26. Require the Fayette County Clerk to establish mandatory valid
voter identification confirmation policies at all county voting polls.

27. Require 100% private funding for an International Affairs office
as proposed by the Commission on Immigration to avoid federal discrimination
law conflicts.

The Lexington –Fayette County Commission on Immigration
Report to the Mayor
Dissenting Opini
A Lexington Community Effort
Prepared by
Ms. Wendy DeVier, Community Volunteer Member of the Commission on Immigration
October 12, 2007
Edited by  Dr. David M. Duncan