Recognizing the need, Norwood explained "[A]ll of this clarified authority is going to require more funding, training, and equipment. We certainly recognize that in this bill and have provided for a new grant program and training program to name just a few of the additional resources." Despite the funding, the CLEAR Act would not interfere with local police forces' established procedures. "Whatever local police procedures are in place, this wouldn’t affect any of them. It wouldn’t encourage officers to do anything differently than what they’re already doing," Norwood staffer Duke Hipp told Frontpagemag.com.This desire to involve local law enforcement in apprehending illegals is nearly a decade old. The Illegal Immigration Reform and Immigrant Responsibility Act passed by the Republican-controlled Congress and signed into law in 1996 by then-President Clinton sought to remove the red tape and constitutional conflicts that prevented local cooperation with the federal government on the matter of immigration law enforcement. The law prevented local governments from prohibiting its officials from voluntarily reporting aliens in violation of immigration laws to the federal government. By allowing local officials to cooperate with federal authorities, Congress sought to bring local governments into compliance with the law.
Coupled with the Welfare Reform act of 1996, which gave state social service administrators and other government employees the authority to request proof of citizenship from all applicants for any state service, these reforms empowered local officials to protect our borders.
Unfortunately many state and local governments continue to evade federal law through sanctuary and similar non-cooperation policies. Harboring or encouraging illegals has long been a felony under federal law.
One roadblock to local enforcement of federal immigration law is the different legal classifications given to those who enter our country without authorization. While the act of crossing the border is currently a misdemeanor, enforceable during commission, once in the country non-resident aliens fall under civil immigration violations rather than criminal. Overstaying a visa or ignoring deportation orders are also civil infractions and generally considered outside the jurisdiction of non-federal law enforcement officials. While the Bush Justice Department has issued an opinion that local enforcement has the "inherent authority" to act on civil immigration violations, their ruling has faced opposition from both open borders proponents and some law enforcement groups.
Norwood's CLEAR Act addresses the most serious concern of local law enforcement: the nonfeasance of federal immigration officers. In the past, many local officers have attempted to report criminal aliens they come into contact with to the BICE office in their area. Often, whether because of indifference or the overwhelming caseload they face, immigration agents simply take down the information and advise the local officer to release the alien. This frustration has led to apathy by many local officials. To address this the bill establishes an independent review process of BICE officials and would establish fines for agency failures.
To eliminate problems like the release of Gordoba in Georgia, the bill would expand the Institutional Review Program which requires BICE to have all paperwork finished, to take custody immediately upon completion of the criminal's prison sentence and to expedite the deportation process.
"It's simply shocking to me that Miguel Gordoba, a criminal alien child molester, was released back onto our streets because America's federal immigration system is so badly out-manned, ineffective, and unresponsive. But it's downright dangerous to think that the same broken immigration system still has no record of this criminal in any of its databases today - much less, any idea where he might be hiding out," Norwood told Frontpagemag.com.
"Turning 80,000 Miguel Gordoba's loose within our borders (as this broken system has) is reckless, unacceptable, and just as wrong as the day is long. It's time we got serious about the criminal alien crisis that threatens all of us by giving our local and state law enforcement folks the support they deserve and insisting that our federal government lives up to its end of the bargain."
http://www.immigrationshumancost.org/text/crimevictims.html
Too damn bad! Just go back to Mexico and take it up with the police there. I--and I know there must be many more on FR--are so sick and tired of these people coming to this country ILLEGALLY and demanding services as if they were citizens.
As for the law enforcement community, I am sure that they have enough problems without having to deal with this.