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    Baltimore: Immigration Status “Collateral Consequences” Considered in Prosecuting Crime

    Baltimore: Immigration Status “Collateral Consequences” Considered in Prosecuting Crime

    Latest in Baltimore’s resistance to Trump’s immigration policies

    Baltimore is taking the idea of “sanctuary cities” to the next level in its ongoing “resistance” to President Trump’s policy of enforcing our nation’s immigration laws.

    The mayor has insisted that Baltimore is a “welcoming” rather than a “sanctuary” city, and earlier this month, Baltimore County Executive Kevin Kamenetz signed an executive order regarding illegal immigrants.

    The Washington Post reported at the time:

    Baltimore County Executive Kevin Kamenetz signed an order Wednesday prohibiting county law enforcement from inquiring about the immigration status of anyone they encounter.

    The order also says police and sheriff’s deputies cannot hold detainees past their release dates at the request of federal deportation agents, unless those agents have presented a judicial order.

    “We do this because it promotes sound police practices,” Kamenetz (D) said at a news conference. “We want to continue to maintain the community trust among the residents we are obligated to protect. Driving people underground makes us less safe.”

    The executive order broadly prohibits discriminating against people or withholding benefits based on their immigration status. It also limits police cooperation with federal authorities “except in the case of a criminal warrant signed by a judicial official.”

    Kamentz directly stated that this move was a response to President Trump.


    The latest maneuver is a memo to prosecutors in which Baltimore’s State’s Attorney’s Office posits that prosecutions for “minor, nonviolent criminal cases” should be based not solely on the law but on the impact of that prosecution on “victim, witnesses, and the defendant” in terms of their immigration status.

    The Baltimore Sun reports:

    The Baltimore State’s Attorney’s Office has instructed prosecutors to think twice before charging illegal immigrants with minor, non-violent crimes in response to stepped up immigration enforcement by the Trump administration.

    Chief Deputy State’s Attorney Michael Schatzow, in a memo sent to all staff Thursday and obtained by The Baltimore Sun, wrote that the Justice Department’s deportation efforts “have increased the potential collateral consequences to certain immigrants of minor, non-violent criminal conduct.”

    “In considering the appropriate disposition of a minor, non-violent criminal case, please be certain to consider those potential consequences to the victim, witnesses, and the defendant,” Schatzow wrote.

    How does that work?  If an illegal alien commits a nonviolent crime and prosecuting the case will lead to the possible deportation of a witness or perhaps of a witness’ parents, the case would not be prosecuted?

    Considering the immigration status not only of the person who committed the crime but of the victim or of any witnesses (and their families?) could lead to serious problems and a host of unintentional consequences.

    The directive is supported by CASA de Maryland, a radical pro-illegal alien group, whose regional director champions this as reasonable use of prosecutorial discretion.

    The Baltimore Sun continues:

    . . . . Elizabeth Alex, a Baltimore regional director for CASA de Maryland, said immigrants and their relatives are afraid to engage in the court process, and Baltimore prosecutors are right to include immigration status as part of their consideration in how to handle a case.

    “Prosecutorial discretion exists in all kinds of cases, and it’s more education to [prosecutors] about the multiple factors that they should take into consideration as they proceed,” she said. “The consequences are different today than they were a year ago.”

    The Baltimore Sun reports that Maryland’s only Republican House member said of the Baltimore memo:

    U.S. Rep. Andy Harris, the lone Republican in Maryland’s congressional delegation, said it is “a real shame that the State Attorney’s office is unwilling to enforce the law against illegal aliens who commit crimes in the United States.”

    “A vast majority of Americans believe that illegal aliens who commit crimes while here in the U.S. should bear the full brunt of the law, and be deported,” Harris said through a spokesperson.

    The Justice Department declined to comment on the Baltimore memo.

    While the DOJ has not commented on this specific  memo, AG Jeff Sessions spoke about a similar situation.

    The Justice Department declined to comment on the Baltimore memo. But in remarks Friday on Long Island, Sessions decried district attorneys who he said “openly brag about not charging cases appropriately – giving special treatment to illegal aliens to ensure these criminal aliens aren’t deported from their communities.

    “They advertise that they will charge a criminal alien with a lesser offense than presumably they would charge a United States citizen. It baffles me,” Sessions said.

    The comments appeared to be in response to the acting district attorney in Brooklyn, N.Y., who earlier this week issued similar instruction to prosecutors there. “We must ensure that a conviction, especially for a minor offense, does not lead to unintended and severe consequences like deportation, which can be unfair, tear families apart and destabilize our communities and businesses,” Acting District Attorney Eric Gonzalez said in an announcement Monday.

    In January, AG Sessions mentioned Maryland specifically in terms of the Trump administration’s crackdown on sanctuary cities.

    The City Paper reported at the time:

    U. S. Attorney General Jeff Sessions announced today he will withhold federal funds from cities and states that do not certify that they are not “sanctuary” jurisdictions. At stake is more than $4 billion in federal aid to law enforcement. 

    “Countless Americans would be alive today,” Sessions told reporters in a surprise appearance in the White House briefing room, “if these policies of sanctuary cities were ended.”

    Sessions addressed Maryland directly, saying a legislative effort to make a sanctuary state “would be such a mistake.”

    For its part, Baltimore insists it’s not a sanctuary city because it gave control of its detention facilities to the state; because of this, the mayor refers to Baltimore as a “welcoming” city.



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    Close The Fed | April 30, 2017 at 6:17 pm

    The Ventura County Sheriff’s Department asked voters to contact their State Assembly representatives over SB54, which would restrict the ability of such departments to work with ICE.

    They listed about 15 illegal aliens and their current & past criminal history, which ICe had picked up in April.

    Here’s part of their list:

    In the last 30 days ICE detained 50 inmates that were released from our jails.

    All but one of the 50 inmates ICE detained had a prior arrest history, current felony charges, or prior deportation orders.

    Included here is a sample of the charges of those detained by ICE.
    Ventura County Pre-Trial Detention Facility

    Inmate 1 Current Arrest – felony domestic violence;
    Prior Arrests – drunk driving; stealing a vehicle;
    hit and run;
    drunk in public;
    under the influence of a controlled substance; possession of drugs; possession of drug paraphernalia

    Inmate 2 Current Arrest – felony domestic violence;
    dissuading a victim from testifying;
    obstructing the use of a communication devices to prevent summoning assistance;

    Prior Arrests – felony domestic violence (2x);
    assault with a deadly weapon;
    child endangerment;
    illegal entry;
    previously deported

    Inmate 3 Current Arrest – felony domestic violence;
    false imprisonment;
    resisting arrest;

    -Prior Arrests – sexual battery;
    false information to a peace officer;
    brandishing a weapon;
    false imprisonment;
    stealing a vehicle;
    illegal entry;
    previously deported

    Inmate 4 Current Arrest – possession of a controlled substance for sale;
    transportation of a controlled substance (2x);
    driving on a suspended license;

    -Prior Arrests – battery (2x);
    drunk in public;
    vandalism; transportation,
    sales, or distribution of a dangerous drug;
    transportation of a controlled substance; drunk driving (2x)

    Inmate 5 Current Arrest – felony drunk driving; driving without an ignition interlock device;
    driving on a suspended license;

    -Prior Arrests – lewd acts with a child under 14;
    driving on a suspended drivers’ license (five times);
    drunk driving (2x);
    unlawful sexual intercourse with a minor

    Inmate 6 Current Arrest – assault with a deadly weapon;
    attempted kidnapping;

    -Prior Arrests – possession of drugs (2x);
    possession of drug paraphernalia (3x);
    prowling; theft (2x);
    false information to a peace officer (2x);
    drunk in public;
    robbery (3x);
    felony domestic violence;
    assault with a deadly weapon (3x);
    kidnapping (2x)

    Inmate 7 Current Arrest – domestic violence;

    -Prior Arrests – felony criminal threats (2x);
    domestic violence (2x);
    child endangerment;
    driving without a license;
    driving with a suspended license;
    possession of drugs;
    theft (2x);
    possession of stolen property;
    false information to a peace officer;
    stealing a vehicle;
    illegal entry

    Arminius | April 30, 2017 at 6:53 pm

    Baltimore. “Room to destroy.” Nuff said.

    Oh, the hypocrisy of it all. Baltimore orders their LEOs not to take note of a person’s immigration status when making contacts or arrests. Then it turns right around and makes it a necessity to inquire as to that very status when considering prosecution for criminal offenses. Inconceivable.

    These people are attorneys, and those who aren’t are advised by attorneys. You would think that they would understand that they have a legal obligation to notify a law enforcement agency having jurisdiction over a criminal offense, if they have reliable knowledge of such a violation. As prosecutors or elected politicians, they do not enjoy attorney-client privileged. As officers of the court, and under their sworn oath to uphold the laws of the United States, they have a legal obligation to assist federal enforcement efforts. To do otherwise is obstruction or aiding and abetting a criminal act.

    It will be interesting to see what happens when local officials are indicted for violating federal law. Popcorn anyone?

    And now the new poster child for “welcoming mayors” is asking the FBI for help in getting their violent crime that is “out of control”.

    They are about to get their federal police funding eliminated and now he has the gall to ask for FBI assistance? No need mayor, it’s about ILLEGAL IMMIGRATION!!!!

      Milwaukee in reply to Pasadena Phil. | May 1, 2017 at 6:18 pm

      Have the perpetrators violated any Federal laws? Well, a creative DOJ can find loads of reasons, say the Ferguson Police Department, has violated Federal laws. But ordinary thugs who are gang-banging, well, that is a local jurisdiction problem. The FBI should definitely not be available.

    JusticeDelivered | May 1, 2017 at 10:03 am

    Rooting out and deporting ten million illegals is a daunting and very expensive task. There is an alternative, make illegal entry a capital offense, then follow through with a few executions. I suspect that most would willingly rush to cross the border.

      Milhouse in reply to JusticeDelivered. | May 1, 2017 at 1:29 pm

      That would be a blatant violation of the eighth amendment.

        Milwaukee in reply to Milhouse. | May 1, 2017 at 6:11 pm

        Yes. Milhouse you are right about this. That would be excessive.

        My opinion on capital punishment has been evolving. I’m willing to save it for 1. piracy on the high seas and in the air, 2. treason, 3. espionage or sabotage by enemy agents. To the list, 4. violence by illegal enemy combatants, and 5. multiple reentry violent offenders. Major Hassan of Fort Hood cowardice infamy would qualify for 4. Too many others for 5. How many times do we need to deport violent criminals before we say “We are sentencing you to death. However, we will deport you first. Should you ever return, upon being taken into custody, you sentence will be enforced.”?

        Repeated drunken driving convictions should be added to the list. Once or twice drunken driving, without grave bodily injury, we can forgive. Drunken driving 7, 9, 11 times? No. Stay where you came from to do that.

        Milwaukee in reply to Milhouse. | May 1, 2017 at 6:15 pm

        “…excessive.” I should have added immoral.

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