UNCOVERAGE logo by Antonio F. Branco, Comically Incorrect

Obama DOJ’s Immigration Hypocrisy: Sanctuary Cities

July 26, 2010

in Dell Hill,Featured Image,immigration

 
 

Where's the outrage over Bologna murder in the "sanctuary" of San Francisco?

 

 

 

 

 

 

 

 

 

Sanctuary Cities Clearly Illegal 

By Dell Hill 

For years criminals on the run have found themselves pounding on the door of churches in search of “sanctuary” from the law.  And they’ve found it!  Those churches have mushroomed into entire cities where illegal local ordinances prevent law enforcement from even discussing the citizenship status of criminals.  There are now hundreds of such sanctuary cities in the United States – all clearly in violation of federal law.  And these aren’t antiquated “blue laws”; they’re laws enacted at the federal level just 14 years ago.

Connie Hair at Human Events takes a closer look at just how backwards our system of justice is operating.

“The patchwork array of sanctuary cities around the country is leaving dangerous criminal illegal aliens on America’s streets.

Local municipalities in these sanctuary cities prevent their officials from reporting illegals—even those with criminal records—to Immigrations and Customs enforcement (ICE), and it is costing American lives.

Sanctuary cities are against the law.  In fact they violate two federal statutes.

“The case against sanctuary cities is very straightforward,” Kris Kobach, principal author of the Arizona SB 1070 enforcement law told HUMAN EVENTS in an exclusive interview.  “There are two laws that Congress passed in 1996 that expressly forbid sanctuary cities and they are found at Title 8 Section 1373 and Title 8 Section 1644 of the U.S. Code.  Those statutes say in plain English that a city may not have a policy that prohibits its officers from communicating with the federal government about a person’s immigration status.”

There are numerous cities around the country that are clearly and flagrantly violating those terms of federal law.  The Obama Justice Department doesn’t see these deadly sanctuary cities as a threat to public safety.  They instead choose to spend taxpayer dollars suing Arizona for enforcing federal statutes.

“There is a big difference between a state or locality saying they are not going to use their resources to enforce a federal law, as so-called sanctuary cities have done, and a state passing its own immigration policy that actively interferes with federal law,” Tracy Schmaler, a spokeswoman for Attorney General Eric Holder, told The Washington Times.

Yet Kobach, a law professor and immigration law specialist holding degrees from Harvard, Oxford and Yale, said it’s the sanctuary cities that are illegal, not the Arizona law. 

Kobach said the Justice Department is hard-pressed to find an argument to try the Arizona enforcement law in court.

“The federal government makes a very tenuous argument in its briefs that the reason it’s going after Arizona is that it wants to see the uniform application of federal immigration law across the country,” Kobach said.  “The irony is that the Obama Administration is turning a blind eye to sanctuary cities which actually impair the uniform application of the law.”

Kobach points out the Arizona law will remove sanctuary cities in the state to achieve the very uniformity of federal law enforcement sought in the lawsuit.

“Arizona is not creating a new immigration regime.  Arizona is merely insuring that federal immigration laws are actually enforced across the state.  One critical provision of the Arizona statute actually removes sanctuary cities within Arizona which would bring about the more uniform application of the law that the Obama Administration claims it’s interested in seeking,” Kobach said.

San Francisco is one such deadly sanctuary city.  In May of 2008, Anthony Bologna, a 48-year-old man driving home from a family outing, was murdered—along with two of his sons—by an El Salvadoran MS-13 gang member.

“Edwin Ramos was an illegal alien gang member of Mara Salvatrucha-13 who had been arrested by the San Francisco police on three occasions but because of the City of San Francisco’s sanctuary policy he was released on each time and no phone call was ever made to ICE,” said Kobach, who serves as legal counsel to surviving family members.  “A few months after the third release, Edwin Ramos murdered Anthony, Michael and Matthew Bologna as they were sitting in their family car on the way back from a picnic after church.  This was such an absolutely horrific murder that would not have happened if the San Francisco Police Department had picked up the phone and called ICE on one of those three occasions.”

“Many of the San Francisco Police Department officers would have loved to do so,” Kobach added.  “They know that the sanctuary policy tied their hands but as a result of San Francisco’s sanctuary policy Anthony, Michael and Matthew are no longer with us.” 

Kobach says ignoring the sanctuary cities shows the Obama Administration has misplaced priorities when it comes to public safety.

“San Francisco’s not the only place where sanctuary cities have resulted in the murder of somebody when that murder could have been stopped had the sanctuary city policy had been removed.  This is happening all across the country and you have people in Washington, D.C., specifically in the Obama Justice Department and in the White House who are turning a blind eye to the carnage on our streets that is caused by sanctuary cities,” Kobach said. 

“They would rather go after Arizona with taxpayer dollars when Arizona is simply trying to help the federal government enforce federal law.  The sort of help that Arizona is providing is well established and fully sustained in the judicial precedence of the U.S. Courts of Appeals,” Kobach added.”

What we’re seeing is the selective prosecution of some laws and the selective ignorance of others, all for the advancement of a political ideology.  In the meantime, one felony after another is being committed by the inhabitants of those sanctuary cities with total impunity.

We can only hope that the matter of Arizona’s SB 1070 moves rapidly to the Supreme Court and this entire backasswards approach is blasted right out of the political waters.

At some point the human rights of innocent victims must carry more legal weight than the compassionate pleas of those who might be inconvenienced by the penalties of settled law.

(See: “Immigration Hypocrisy in San Francisco: Bologna Murder Case”)

Tony, Michael and Matthew Bologna

Tony, Michael and Matthew Bologna

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{ 2 comments… read them below or add one }

Brittanicus July 26, 2010 at 1:50 pm

The majority of the American people are probing with this simple question? If the enactment of SB 1070, Arizona’s policing law, is a non-negotiable interference of Federal law relating to states right to protect itself. 1. Does this law causes “irreparable harm? 2. Does it circumvent federal law? These are the arguments of the Department of Justice having filed this complaint in federal court. As I perceive it, the only person who comes under suspicion, are people who are avoiding coming into contact with a police officer. If you happened to get pulled over, they are first going to run the cars plates. Then cross referencing with your driver’s license, then if everything falls into line with names and addresses and no bench warrant is out for your arrest–then you drive away. The state of Arizona has built SB1070 on the foundations of federal law, so what’s the big issue here? The material issue has absolutely nothing to do with the “Rule of Law?” and everything to do with politics.

Same as the federal government conveniently overlooking Sanctuary States and cities, because California cities such as San Francisco and Los Angeles, Denver, Colorado, New York City are all in contravention to the 1986 immigration act. Sanctuary cities policies were first adopted in the Liberal metropolis in 1979 Los Angeles, to prevent police from inquiring about the immigration status of arrestees. “Special order 40,” states: “Officers shall not initiate police action with the objective of discovering the alien status of a person. Officers shall neither arrest nor book persons for violation of title 8, section 1325 of the United States Immigration code (Illegal Entry).” Equally to blame and even promote the law are numerous Governors, Mayors and an assortment of Police Chiefs and city managers.

Some of the other main American cities are Chicago; Santa Ana; San Diego; Salt Lake City; Dallas; Houston; Austin; Detroit; Jersey City; Minneapolis; Miami; Portland; Maine; Baltimore; Seattle; Portland; New Haven; and Washington, D.C. These cities have adopted “sanctuary” ordinances banning municipal employees and law enforcement from inquiring people about their immigration status. In the foul shadow of this controversial rule has arisen, the deaths of innocent citizens at the hands of illegal aliens that the Liberal media prefers to keep silent and out of the headlines. In March 2008, Jamiel Shaw Jr, Los Angeles; In July 2008 Anthony Bologna and his two sons in San Francisco;

On July 31, 2008, 14-year-old Ivan Miranda, San Francisco; In October 2008, Phoenix, Arizona, Shane Figueroa; February 3, 2009, Denver, Colorado leaving 49-year-old Patricia Guntharp, 52-year-old Debra Serecky and 3-year-old Marten Kudles dead and two injured. By no means is this the whole list, but if you dig deep on the internet you will be amazed or more likely furious of the lives taken by illegal aliens; specially drunken drivers. These deaths caused by gang members, drunken drivers and multiple border entry, habitual criminal aliens, never become public knowledge. Only the deaths of illegal aliens seem to get thorough publicity from the far left press over the years. Another statistic is thousands of incurable business owners who evade the law, knowingly hiring illegal workers and having never joined other felons in prison? An additional fact that the border fence was never, ever completed and still remains a single length fence, not—TWO–as existed in the original 2006 Secure Border Act.

Even E-Verify, a durable enforcement tool designed in President Bush’s administration has been conceded by Nevada’s Harry Reid, who tried to thrash it in the Senate chamber. As an outsider I comprehend nothing but different presidencies, either cutting subsidies or just plain lying about immigration enforcement. America! We have a colossal problem that has become a national hemorrhaging of our hospitals, schools and welfare benefits being consumed by illegal recipients. Yet the federal government has failed dismally in its responsibility to defend this country from enemies domestic and foreign. Your vote is important to Washington’s Senate and Congressman, so bombard them that you are adamantly against any type of Amnesty. You want them to secure the border and do it now, because Mexico’s blood bath could easily erupt here. Call the Washington switchboard at 202-224-3121.

Learn more at NumbersUSA No copyright, Copy, paste and distribute freely.

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Jane Jamison July 26, 2010 at 1:57 pm

Amen

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