Saturday, November 12, 2016

I worry about the hate far more than any other promise by Trump.

Legislative measures to undo DACA have been tried in the Congress since President Obama wrote the executive order. The reason they did not fail is because the US Senate Democrats demanded a 60 count vote. I would expect the same with the Senate having 51 seats this session which is down from 52.

It is always a question as to whether the US Senate will continue the filibuster. Last session it was changed to pass nominations with a simple majority. I would imagine that will stand for this session of Congress for obvious reasons, namely Supreme Court nominees.

But, will the US Senate completely eliminate the filibuster? I think there is a chance.

Outside any legislation from the US Congress, a lot of Mr. Trump's promises will be through executive order. My concern is the violence that will break out following his signing of such orders.

The idea Mr. Trump's executive orders will be any more potent than existing law is questionable. ICE already has a law called the 287(g) Program.

...The 287(g) program, (click here) one of ICE’s top partnership initiatives, allows a state and local law enforcement entity to enter into a partnership with ICE, under a joint Memorandum of Agreement (MOA).  The state or local entity receives delegated authority for immigration enforcement within their jurisdictions....

There is also "The Criminal Alien Program."

The Criminal Alien Program (CAP) (click here) provides ICE-wide direction and support in the biometric and biographic identification, arrest, and removal of priority aliens who are incarcerated within federal, state, and local prisons and jails, as well as at-large criminal aliens that have circumvented identification. It is incumbent upon ICE to ensure that all efforts are made to investigate, arrest, and remove individuals from the United States that ICE deems priorities by processing the alien expeditiously and securing a final order of removal for an incarcerated alien before the alien is released to ICE custody. The identification and processing of incarcerated criminal aliens, before release from jails and prisons, decreases or eliminates the time spent in ICE custody and reduces the overall cost to the Federal Government.
Additionally, integral to the effective execution of this program is the aggressive prosecution of criminal offenders identified by ERO officers during the course of their duties. ERO, in conjunction with the Offices of the United States Attorneys, actively pursues criminal prosecutions upon the discovery of offenses of the nation's criminal code and immigration laws. This further enhances public safety and provides a significant deterrent to recidivism.

Besides ending DACA through an executive order, Mr. Trump is threatening to remove federal funding to sanctuary cities. There is going to be a problem with that. There are approximately 300 sanctuary cities in the USA of which are both liberal and conservative. The major cities have already stated they will not bend to the Trump threats of federal monies.

Sanctuary cities began in the 1980s when there was a great deal of death in Central America. I don't know that Central America has changed all that much, but, the original people protected in these cities were refugees. Can modern day Undocumented be called refugees? Possibly. We have witnessed children placed on trains to the USA to escape the ravages of drug lords and the violent culture that accompanies them.

The area of Guatemala, El Salvador and Honduras is where the narrowing between the continents occurs and the children came from those three countries.

The Sanctuary Movement began with a document called Special Order 40.

Special Order 40 (click here)
Special Order 40 was enacted in 1979 by the Los Angeles City Council and Los Angeles
Police Chief Daryl Gates, directing police officers not to initiate police action “with the objective of discovering the alien status of a person” (otherwise known as racial profiling) or to arrest or book persons in violation of federal immigration laws. Supporters of the order argue that the order is necessary to encourage illegal immigrant crime victims and witnesses to report crimes to police. Critics argue that the order encourages illegal immigration and prevents police from identifying and detaining suspected alien criminals and gang members for federal immigration authorities.

In 2006, public interest group Judicial Watch filed suit against the Los Angeles Police Department arguing that police should not undermine the nation’s immigration laws. Most recently, in 2008, the alleged murder of 7-year-old Jamiel Shaw, son of a U.S. Army sergeant serving in Iraq, by a suspected illegal immigrant gang member, raised calls to remove Special Order 40 protections for alien gang members. Nevertheless, most of the Los Angeles political establishment and current Police Chief William Bratton continue to resist any modification of the order.

In 2011, the LA Police Department reaffirmed Special Order 40 NR11039kr to protect human life. There is no way to adequately address the numbers of the undocumented. As a result that same principle of preserving the truth in reporting regarding crimes still holds it's purpose.

...The LAPD (click here) recognizes that criminals often prey on those who are most vulnerable, and those living in Los Angeles without legal sanction often are vulnerable to crime and criminals.  LAPD Chief Charlie Beck understands the fear that can grip an illegal immigrant, but stresses, “It is imperative that our immigrant communities, regardless of their country of origin, understand that they are not at risk of being deported or subject to any other penalty for reporting crimes that they have either been the victim of or a witness to.”

By joining with the many Consul Generals and Immigrant Organizations, it is hoped that the myth about reporting crimes will be dispelled, and that community members will be better informed and less fearful. The LAPD knows that without the communities help, it is impossible to combat the fear and incidents of crime within Los Angeles. We ask that everyone do their part in making our neighborhoods safe, and we pledge to uphold our promise, “To Protect and To Serve.”...

DACA in many ways did the same thing. It provided protection of young people that grew up in the USA and provided a platform for their safety, continued education, but, more over their way into a job that would provide them with an employer that could then sponsor their Green Card. Hopefully that has happened in large numbers over the past years that DACA has been in place. DACA never provided for any path forward, it simply ended the necessity of Homeland Security's ICE to pursue these individuals. By doing so, the load on the immigration courts could be relieved and sincere criminals could be better processed. This also provided long standing cases with the courts to move along.

The real issue before the USA is Immigration Reform. I don't care how many executive orders Mr. Trump writes the immigration laws of the USA are broken and the entire process of carrying out immigration hearings is severely backlogged and lengthy by it's nature alone. Only with Immigration Reform will this change.