The following story appeared in FAIR’s September 24 Legislative Update. To subscribe to FAIR’s Legislative Update click here.
House Minority Leader Nancy Pelosi led a group of 21 House Democrats who sent a letter to California Governor Jerry Brown last week, urging him to sign the TRUST Act. (Pelosi letter, Sept. 13, 2012) Passed by the California legislature in August, AB 1081 requires state and local law enforcement agents to ignore U.S. Immigration and Customs Enforcement (ICE) detainers unless the alien has been convicted of a “serious” or “violent” felony.
In the letter, Ms. Pelosi suggested that it was flat-out wrong to identify and deport illegal aliens who are booked in jails. Ignoring the fact that such aliens are illegally in the U.S., she argues that current efforts to remove them from jails are wrong because some illegal aliens have not actually been convicted of a crime and others only been convicted of “minor offenses.” (Pelosi letter, Sept. 13, 2012) To deport illegal aliens in such cases, she wrote, “erodes trust between local communities and law enforcement.” (Id.)
Ms. Pelosi also argues that because AB 1081 allows California law enforcement officials the discretion to honor ICE detainers when an alien is actually convicted of a “serious” or “violent” felony, it is still consistent with the Obama Administration’s deportation priorities. (Id.) But ICE officials have quietly disavowed AB 1081, indicating that even the Obama Administration will not support a state policy that allows law enforcement officials to ignore ICE detainers. In a letter to FAIR, ICE Director John Morton wrote that jurisdictions that ignore ICE detainers “are undermining public safety in their communities by exposing their communities to risks from convicted sex offenders, weapons violators, drunk drivers, and other violent criminals. These are not hypothetical risks.” (Morton letter, Aug. 28, 2012)
The threat to public safety is the same reason the California Sheriffs Association is “vehemently” opposed to AB 1081. (See FAIR Legislative Update, Sept. 4, 2012) This threat is especially severe with AB 1081, because even in cases where an alien has been convicted of a serious or violent felony, the bill allows California law enforcement agents to ignore ICE detainers if they so desire. Under California law, serious and violent felonies include:
- Murder or voluntary manslaughter;
- rape;
- sodomy by force;
- lewd or lascivious act on a child under 14 years of age;
- any felony punishable by death or imprisonment in the state prison for life;
- any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm;
- attempted murder;
- assault with intent to commit rape or robbery;
- assault with a deadly weapon or instrument on a peace officer;
- arson;
- exploding a destructive device or any explosive causing bodily injury, great bodily injury,
- exploding a destructive device or any explosive with intent to murder;
- any burglary of the first degree;
- robbery or bank robbery;
- kidnapping;
- holding of a hostage by a person confined in a state prison;
- attempt to commit a felony punishable by death or imprisonment in the state prison for life;
- any felony in which the defendant personally used a dangerous or deadly weapon;
- selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, or any of the precursors of methamphetamines,
- grand theft involving a firearm;
- carjacking;
- throwing acid or flammable substances, in violation of Section 244;
- assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245;
- assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5;
- discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246;
- commission of rape or sexual penetration in concert with another person, in violation of Section 264.1;
- continuous sexual abuse of a child, in violation of Section 288.5;
- shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100;
- intimidation of victims or witnesses, in violation of Section 136.1;
- criminal threats, in violation of Section 422;
- any attempt to commit a crime listed in this subdivision other than an assault;
(See Cal Pen Code § 1192.7(c)(Serious Felonies); see also Cal Pen Code § 667.5(c) (Violent Felonies))
Thus, if Governor Brown signs AB 1081, instead of being required to transfer custody of aliens convicted of these heinous crimes to the federal government when ICE issues a detainer, state and local officials will have the authority to release them back out onto the streets. ICE statistics show that in 2012 to-date, the federal government has already deported over 20,000 criminal aliens from California.
AB 1081 now sits on Governor Brown’s desk waiting either his signature or veto. If Governor Brown does nothing by September 30th, the bill will automatically become law. FAIR has urged its members and activists both nationwide and in California to call Governor Brown and urge him to veto AB 1081.
Illegals are stealing jobs Americans need and burdening us with already over-burdened taxes.
obamao’s decree is illegal and Pelosi is committing a crime by supporting it.
Governor Moonbeam feels, or has been lead to think that if Obama is re-elected that the U.S. Government will bailout all these free-spending states like he did Wall St., and the banks, car company’s, with that disgusting Sen. Reid, and his own brain dead Nancy Pelosi , whipping up the mass moron’s of Calif. to gain more illegal aliens, and build a criminal elite. Why else give these illegal immigrants anything, but a hard ride to Baja.
Rose Listen Americans! We are still the majority and we dont have to take this crap. Vote, vote, vote! And I dont mean Democrats or Republicans. We can vote for Independants or anyone else on the ticket. It will teach our politicians that we put them in their expensive offices and can take them out.
We can ignore them as well as they have been ignoring us.
Hello mr moonbeam (sarc) Can you just at least listen to We the PEOPLE? We have asked many times and many ways. STOP illegals from our once GREAT state! We are broke, no jobs, over crowded shools, over crowded ER rooms,,,,,,,,,,, GET THE PICTURE? We do not need crazy thugs to tell you what to do! THINK of us first, you will not suffer But we all will.
It amazes me that this old skank, Pelosi, still does not know the meaning of the word “ILLEGAL”! If any American was Illegally in another country, we would be jailed if caught and sent home. Seems Leftists are the Domestic Enemy in our Great Nation.
amen amazing how people who commit crimes excel in america, but soon we wont have a american president with all the illegals voting and here without any fear they will elect a mexican soon. dont know why the goverment dont want to support the us citizens. why do we go to prison here but if they commit a crime they are deported only to return with a hug and kiss for the new alias. i am a disabled veteran and hate to see that illegals get more benefitst then i do
WHERE WILL ALL THESE ALIENS WHO COMMITED ALL THESE CRIMES BE IF THEY WERE IN THEIR COUNTRIES?
■Murder or voluntary manslaughter; ■rape;
■sodomy by force;
■lewd or lascivious act on a child under 14 years of age;
■any felony punishable by death or imprisonment in the state prison for life;
■any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm;
■attempted murder;
■assault with intent to commit rape or robbery;
■assault with a deadly weapon or instrument on a peace officer;
■arson;
■exploding a destructive device or any explosive causing bodily injury, great bodily injury,
■exploding a destructive device or any explosive with intent to murder;
■any burglary of the first degree;
■robbery or bank robbery;
■kidnapping;
■holding of a hostage by a person confined in a state prison;
■attempt to commit a felony punishable by death or imprisonment in the state prison for life;
■any felony in which the defendant personally used a dangerous or deadly weapon;
■selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, or any of the precursors of methamphetamines,
■grand theft involving a firearm;
■carjacking;
■throwing acid or flammable substances, in violation of Section 244;
■assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245;
■assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5;
■discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246;
■commission of rape or sexual penetration in concert with another person, in violation of Section 264.1;
■continuous sexual abuse of a child, in violation of Section 288.5;
■shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100;
■intimidation of victims or witnesses, in violation of Section 136.1;
■criminal threats, in violation of Section 422;
■any attempt to commit a crime listed in this subdivision other than an assault
Ms. Pelosi. America is not a public thoroughfare. No! illegal immigration … It is better to think of the American economy …
They’re already here illegally, why do you want criminals to stay here?
they need the votes. they dont know they commit other crimes, i think they do know but want them here no matter what i dont understand i guess they donate a lot of money to the goverment through the drug cartels and other crimes they commit. if you go to mexico see what happens if you break their laws. but yet they can come here and make demands and get whatever they want. i hate to press 1 for english. i believe in laws but if they are not enforced on illegals why should i obey the laws. if i am caught i go to jail not deported to change my name and come back as jesus.
Nancy Pelousy Can’t Understant Normal Thinking
I’ve never been considered normal, but she definitely is abnormal!
Has there ever been a study done to see if Leftists have been dropped on their heads, as children, more than those who are Right thinking? Might be interesting. Might throw in abuse, bullying, etc also!