ICE Chases Drunk Drivers In National Raid

Reuters/Joshua Lott

ICE continues to deport a near record number of undocumented immigrants.  Amongst them are some of the people who have caused lots of problems in the U.S.  Those include drug dealers, child pornographers, drunk drivers, drug abusers and dealers and gang members.

Monday, the Department of Homeland Security announced the results of a nation-wide sweep collecting immigrants in the problem category.  More than 2,000 people were arrested in a 5 day sweep in operation "cross check".

While ICE likes to shine the spotlight on serious offenders, only slightly more than 50% of their nation-wide sweep netted "serious" offenders.  The rest of the unlucky 2,000 immigrants who got caught in the sweep, nearly half, may have had no offense at all, or only minor offenses.

It does not take much to get on the "serious offender" list, including being convicted of a DUI or mere possession of a controlled substance not involved in "dealing".  If this is what ICE considers a serious offender, including 991 of the 2,000 people ICE picked up in it's raid, then it is clearly targeting the wrong people.

It is the arresting of the completely innocent immigrant in these nation-wide man hunts which troubles activists the most.  ICE is perfectly happy to arrest any immigrant they come across while looking for the "serious offender", and in their "knock and talks" despite knowing the President has prioritized enforcement efforts.  To justify it's knock in the wee hours of the morning, ICE releases propaganda claiming to arrest the "worst of the worst" when the majority of the people they arrested had misdemeanor DUI changes.

ICE makes no distinction how long ago an offense occurred.  People with 30 year old DUI charges are hardly a risk to U.S. society, as the passage of time and a clean record since their conviction shows they are rehabilitated and no risk to citizens.  More recent offenders are under court ordered rehabilitation programs.  Their arrest removes them from the supervision of the court and may be robbing them of the opportunity to resolve their addictions.

Some wonder who is better to manage serious criminals: the U.S. or a third world country?  When ICE dumps immigrants into the hands of gangs in central locations, like Ciudad Juarez, then it is destabilizing those nations.  These "dangerous" people are now on the loose, free to offend, when they would have been better managed by the U.S. justice system.  Offending from afar is much easier these days with the Internet, especially for child predators.  Dumping serious gang members into the hands of cartel members just increases the working rants of drug cartels.

The targeting of drunk drivers is also troubling.  Most of these drivers have gone through or are in court ordered rehabilitation programs that last a year or more.  The solution to alcoholism is not deportation.  Alcoholism and drug addiction are better solved from the social scientists rehabilitation point of view combined with a strict dose of the criminal justice system to help people find a solution to their addictions.  Catching and removing people from these rehabilitative processes degrades the effectiveness of court ordered rehabilitation.  

The prospect behind homeland security is to make America safer and stronger.  National raids targeting "serious" criminals, but catching mostly D.U.I. offenders and innocent immigrants, is not a step towards making America stronger.  Pulling people out of their rehabilitation support systems and dropping them in high crime recruitment areas does not protect national security or make the world a safer place.  Sending the true hard criminal to a third world where they can offend with impunity, likewise does not make any country safer.  The U.S. is the best place for them as we manage to institutionalize more people per capita than any other nation.  

ICE has a vital role to play in the security of our nation.  Their efforts stopping sex tourism and sex trafficking are nothing short of noble.  They protect the copyright of private industry.  They help prevent terrorist attacks.  Yet their praying on everyday common immigrants who have done nothing more than drink and drive, and mostly nothing at all, is destabilizing other countries, dividing families and making America an unsafe place to live.  It is also directing the precious resources of a national law enforcement agency towards chasing drunk drivers rather than chasing threats to national security.

Breaking - Obama Requests Emergency Stay For DAPA, DACA

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The Department of Justice will ask for an emergency stay to halt the injunction issued by a Texas judge against the Obama immigration order called Deferred Action For Parental Accountability, or DAPA, and an expanded form of Deferred Action for Childhood Arrivals, called "expanded DACA".

White House press secretary, Josh Earnest, says the stay will be applied for no later than Monday.  The stay is likely in addition to the appeal of the injunction issued by Texas judge, Andrew Hanen.

Applying for a stay of an injunction, which is a request to halt the temporary halting, of the Obama order, is risky.  If the stay is not granted, then the failure to get a stay of the Texas injunction could set the tone for the appeal to the Hanen decision as well as to opposition to the lawsuit which gave rise to the decision.

Obstacles to getting the stay are the Conservative nature of the 5th Circuit Court of Appeals, as well as the fact a stay is usually only applicable to maintaining the status quo pending litigation.  The Hanen decision maintains the status quo, and a stay of the injunction would actually allow for substantial changes to the status quo.  Finally, the movement for immigration reform will gain nothing if the 5th Circuit agrees with the Hanen decision that undocumented immigrants, which conservative media incorrectly categorize as "illegal immigrants", don't deserve protection.

The Hanen decision painted the Obama executive order as a states rights versus federal rights issue.  Hanen said the federal government was abdicating it's responsibilities to enforce immigration laws set by Congress and granting immigrants a certain entitlement or right to be in the U.S. for at least a 3 year period.  Hanen found the state of Texas had standing to sue because Texas citizens would be forced to pay for the cost of granting driver's licenses to undocumented immigrants who took advantage of the law.  Texas citizens would be irreparably harmed because of the cost of granting driver's licenses and because it would be very difficult to recall those licenses once they were granted, or "unscramble the egg".  Further, harm to undocumented people was not a concern in an administrative law decision because they were "illegal", said Hanen.

Other states willingly grant licenses to undocumented people, including Washington State, New Mexico and Colorado.  The state of Colorado is sitting on over $100,000 in excess immigrant license fees which state Republicans refuse to release for the license program.  In short, some states have made significant profits by issuing licenses to undocumented immigrants.

Not applying for the stay is just as risky.  If a stay is not issued, few immigrants will be able to apply for the program even if the Hanen decision is eventually overturned before President Obama leaves office.  If the DAPA and expanded DACA process continues, those who are approved would have at least a three year respite before having to face immigration consequences.  The longer it takes for the process to begin, the less time authorities will have to approve applications.

Neither conservatives nor liberals are talking about what could happen to people who apply for DACA, expanded DACA and DAPA applicants if a conservative candidate wins the White House in the next election cycle.  President Obama immediately cancelled multiple executive orders made by the Bush Administration shortly after Obama took office.  It is not unrealistic to expect the next president to take the same action, though a conservative candidate would encounter significant wrath from pro-immigration groups.  If the immigration orders are rescinded, then immigrants who apply for the order would likely be able to continue to live in the U.S. until their stay of deportation ran out, at which point they would find themselves well identified and in the deportation system unless they could find another basis to make a claim to remain in the U.S.

The best solution for immigrants is comprehensive immigration reform.  Senator Michael Bennet, (D-Colo) called for the House to pass the reform bill the senate sent to it and for the nation to look for long term solutions to the immigration problem in the U.S.

Because no other form of relief is available to the majority of the nation's undocumented immigrants, the majority of Latino advocacy groups support the executive order for DAPA and DACA.

DAPA Applicants Encouraged To Continue Despite Court Order

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Immigrants who believe they will qualify under the Obama executive order which prioritizes removal (deportation) prospects, and grant certain immigrants a three year stay SHOULD CONTINUE preparing for the launch of the largest program around April 16th.

Melissa Crow, Legal Director for the American Immigration Council, Marielena Hincapié, Executive Director of the National Law Center, and Debbie Smith, the Associate General Counsel for the Service Employees International Union, said the Obama Administration will certainly appeal the order by Texas Judge Andrew Hanen which puts a stay, or pause on the implementation of the DAPA and expanded DACA programs.

Immigrants should not despair or be afraid.  The temporary injunction will be eventually lifted, through an appeal to the 5th Circuit Court of Appeals, according to Marielena Hincapié.  

Current DACA qualified immigrants are not affected by the stay.  They may continue under their current program and may continue to renew their status.  

Melissa Crow said the judge found the state of Texas, at least, had standing to bring the suit.  Further, the state would experience financial harm in issuing driver's licenses because it would have to offer licenses to DACA and DAPA immigrants.  Crow said it was interesting the Court focused on the license issue, and over-looked evidence about the positive effects immigrants make to the economy.

Crow continued to say the court found the Obama Administration failed to comply with rule making procedure.  However, Crow said enforcement actions are generally not subject to rule making.  She says the Obama Administration  is on solid footing in issuing it's executive order.

Debbie Smith said immigrants should not panic.  She believes the suspension is temporary, will likely be lifted, and immigrants should continue preparing for the process, including gathering documents.

The temporary stay of execution of the Obama executive order is not a final decision about whether the DACA and DAPA processes should continue.  Those decisions will be made later during extended litigation.  The DAPA portion of the executive rule is not scheduled to roll out until April 16th.  By then, the temporary stay could be lifted or "stayed" pending the final resolution of the lawsuit.