Posted on 05/09/2005 9:18:36 PM PDT by seastay
NEW YORK -- The rapid spread of vicious street gangs such as MS-13 is causing alarm in cities and suburbs nationwide, igniting bitter debate about how best to combat the threat and inspiring a comprehensive anti-gang bill in Congress.
The measure is depicted by supporters as the only effective way to counterattack gang violence, and assailed by critics as an overreaction that could clog both federal courts and adult prisons with youthful offenders, most of them minorities.
Sponsored by Rep. Randy Forbes, R-Va., the bill moved swiftly through the House Judiciary Committee last month and is scheduled for a House floor vote Wednesday. It would turn many gang-related violent offenses into federal crimes punishable by mandatory sentences of at least 10 years, expand the range of crimes punishable by death, and enable U.S. prosecutors to try 16- and 17-year-old gang members as adults in federal courts. "These aren't petty hoodlums," Forbes said. "They're cutting people's heads off, doing countersurveillance on police. ... They're trained in a type of violence we've not seen heretofore."
In Virginia recently, gang victims have been hacked by machetes and had fingers cut off. Affiliated gangs in Central America are suspected in several recent beheadings of young women.
The bill's supporters include the National Sheriffs' Association and the Fraternal Order of Police, the nation's largest law enforcement union. If approved, it would move to the Senate where Sens. Dianne Feinstein (D-Calif.) and Orrin Hatch (R-Utah) have introduced a bill combining tough anti-gang measures with new funding for crime prevention programs.
Opponents include numerous high-powered civil rights groups - the NAACP, the American Civil Liberties Union, Human Rights Watch and others. They cite FBI findings that serious youth crime is declining, say states - not the federal government - can best address the gang problem and worry about long-term consequences for teenage offenders sent to adult prisons.
"We too want to do something about gang violence," said Angela Arboleda of the National Council of La Raza, a Hispanic civil rights organization. "But punitive measures that lock up youths with adults is not a smart approach."
Arboleda says that Forbes' measure - which the congressman has nicknamed "The Gangbusters Bill" - "is one of the worst bills we've ever seen."
According to Forbes, street gang membership in the United States has grown steadily to more than 750,000, outnumbering police officers. He said a federal approach is needed because gangs like MS-13 - the Central American-influenced Mara Salvatrucha - have spread to many states.
"They're organized; they have a board of directors inside prison and outside prison," Forbes said. "Even while in prison, they recruit _ teens, even down to elementary school."
Critics of the bill say state and local police agencies could escalate the fight against such gangs under existing laws. They also say the Bush administration and Congress have cut back social programs that could deter youths from joining gangs in the first place.
"Because there are alarming stories about gang violence, members of Congress are under pressure from constituents to offer solutions," said Morna Murray of the Children's Defense Fund. "The fear makes it hard to focus on crime prevention. 'Tough on crime' sells, but it doesn't work."
The bill's opponents include some conservatives who question the concept of federalizing law enforcement tasks traditionally handled by states.
"It's better that it stays state law _ that's the true conservative position," said Rep. Robert Inglis, R-S.C., the only Republican opposing the bill when the Judiciary Committee approved it on an otherwise party-line vote.
Forbes said of Inglis, "He's a nice guy - but he's dead wrong."
"In the past, these gangs were in just one area - now they have networks across the country," Forbes said. "We want to create enforcement teams that will do six- or seven-month investigations, and then have trials that will bring whole networks down. States can't do that."
Federal statutes already target Mafia-style organizations. Forbes said his bill is needed because some judges and juries balk at applying such anti-racketeering laws to street gangs.
Among those testifying against the bill was Bob Shepherd, a retired law professor and former assistant attorney general in Virginia.
"The amazing thing to a lot of us was how it got on this fast track," Shepherd said. "They're trying to ramrod it through without a lot of deliberation."
He expressed alarm over provisions that would allow federal prosecutors to transfer 16- and 17-year-olds to adult court without judicial review and impose mandatory minimum sentences regardless of circumstances. Critics say the sentencing provisions could require an additional 24,000 prison beds over the next decade.
However, the Fraternal Order of Police said mandatory minimums are appropriate for gang offenders who tend to commit multiple violent acts.
"They're not deterred by the prospect of 90 days on the state farm," union executive director Jim Pasco said.
I'm NOT uncomfortable with a "minor" who does the same crime as an adult.... having to serve the same sentence as an adult. Do NOT TELL me that some kid who's out there doesn't know that that gun he's holding isn't gonna kill as well as someone who's 21.
And as for a national police? Don't even go there. We are getting DANGEROUSLY CLOSE to a WORLD police...we NEED to fight AGAINST these stupid ID cards, fight FOR state's rights, ALL of the things that our Founding Father's risked their lives for.
It's time for America to grow a spine. And I'm talkin' NOW.
A good many of these thugs are caught on this end of the border.
Now, even Houston, home of big daddy open borders, is having to deal with them. Of course, he has the secret service guarding him so he has no problem like normal citizens.
Yeps lets pass a law that says it's against the law to break the law that says it's against the law to break the law !
That'll teach em......, go congress !
Punk whorebait gangs like MS13 will have to be delt with , I don't think more paper laws are the answer. Enforce and punish with the laws on the books........
Quite right. Gangs, being the very definition of organized crime, can be prosecuted under the RICO statute. These congressmen are merely trying to look like they're doing something about the problem.
Reminds me of a farmer upset because foxes got into the henhouse...after he neglected to fix the fence.
not a bad idea......
What really ticks me off about MS-13 is their lack of citizenship is a powerful shield against prosecution, the death penalty, etc. We are more likely to deport them than to keep them in prison. They are like the Normans in the Dark Ages. They thrive off going 'on a viking'. Later they carve out private fiefdoms.
Don't forget to include as part of this new law that it is also illegal to hear rap music going "Boom, Boom, Boom" at 275db coming from their jacked up cars.
/This message brought to you by the Free Republic Open Borders and Reconquista Lobby. "Turning America into a Third-World sewer, one slave-laborer at a time!"
Nowhere in this entire article was it mentioned most of the people in these gangs are illegal aliens and the ocean they swim in is composed of neighborhoods composed of illegal aliens.
Instead, it pretends all that is needed to fix the problem are tweaking some existing laws or passing passels of more federal laws.
IMHO, what will fix the problem is when these gangs get completely out of control and start rampaging through decent neighborhoods of citizens who will then have had enough - and these thugs are found dead in roadside ditches in increasing numbers. Then, those whining endlessly about "vigilantes" will have something to complain about. Of course, the target of the law will then likely become the Vigilantes!
Zactly......the RICO ststute, The Patriot Act (these little SOB's are "terrorists" IMO). Ignorance of the law "is" and excuse these days ...for even those who write em and enforce em.....
You go! LOL!
Protect our borders and coastlines from all foreign invaders!
Be Ever Vigilant!
Minutemen Patriots ~ Bump!
MS 13 is reak bad news folks
Typical Washington BS = throw more money at it and it will go away...
Unfortunately, the "head fool" is sitting in the White House, and he doesn't want illegal immigration stopped, no matter what the damage is to America.
They almost never put the number of the bill, ie. HR123, in these articles. It would help our brain-dead representatives, in my case Woolsey, if they had the number of the bill we were writing to them about.
http://www.ice.gov/graphics/investigations/multimedia/images/d_rivera_lg.gif
http://www.ice.gov/graphics/investigations/wanted/d_rivera.htm
"ICE Most Wanted Fugitive
David Rivera"
"Illegal reentry after deportation (aggravated felon) ; also wanted for questioning in several gang-related murders"
"ALIAS: Gerber ALFARO Bonilla, Herbert ALFARO"
===
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Note: The following text is an exact quote:
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http://www.ice.gov/graphics/news/newsreleases/articles/20050510washington.htm
News Release
May 10, 2005
ICE ADDS MS-13 GANG MEMBER TO ITS “MOST WANTED” LIST Nearly 200 MS-13 Gang Members Apprehended Nationwide by ICE Since February
WASHINGTON, D.C. – Michael J. Garcia, Department of Homeland Security Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE), today announced that ICE is adding a violent gang member -- who has a string of felony convictions and is wanted for questioning in connection with several murders in Los Angeles -- to its list of “Most Wanted” fugitives. Rivera is the first member of the gang Mara Salvatrucha (MS-13) to make the ICE Most Wanted fugitives list.
David Rivera (a.k.a. Gerber Alfaro Bonilla and Herbert Bonilla), a known member of MS-13, is wanted by ICE on charges of re-entering the United States after deportation, pursuant to a January 4, 2005 complaint issued in the Central District of California. The violation carries a maximum sentence of 20 years in prison. A warrant has been issued for his arrest.
Rivera is also wanted for questioning by the Los Angeles Police Department (LAPD) in connection with a string of murders in Los Angeles that were carried out in his name between 1999 and 2001. The LAPD also seeks to question Rivera about his suspected drug activity in Los Angeles.
Rivera’s criminal record includes past convictions for lewd and lascivious acts with a minor; possession of a firearm by a felon; illegal possession of ammunition; and repeated convictions for possession of a controlled substance with intent to sell. Rivera went into hiding after his arrest on charges of raping a 12-year-old girl and witness intimidation in April 2001. The rape charges against Rivera were dropped after the chief witness in the case was found murdered.
Rivera is 5 feet 5 inches tall and weighs 135 pounds, with black hair and brown eyes. He also has a mole close to his right eye. His last known address was 619 S Rampart Blvd. # 206 Los Angeles, Calif., 90057. Rivera has family ties in the Los Angeles area. He was born in Mexico and has provided the following birth dates: 10/26/1974, 10/25/1978 and 11/25/1978.
“David Rivera is a violent and dangerous criminal who needs to be taken off the streets as soon as possible. One of our most important homeland security missions at ICE is ensuring public safety. With the public’s help and tools like the ‘Most Wanted’ fugitives list, we can work together to identify, apprehend and prosecute fugitives like David Rivera who pose a direct threat to our communities,” said Assistant Secretary Garcia.
The search for Rivera is part of ICE’s national anti-gang initiative called “Operation Community Shield.” Launched in January 2005 with arrests commencing the following month, this initiative has resulted in the apprehension of nearly 200 MS-13 members in cities across the country.
Operation Community Shield is designed to disrupt, dismantle, and prosecute violent gang organizations by employing the full range of authorities and investigative tools available to ICE. Under this initiative, ICE is employing its broad immigration authorities (both criminal and administrative) against gang members, as well as its customs authorities in targeting narcotics smuggling, money laundering, and in seeking the forfeiture of assets.
This initiative also involves strong partnerships and cooperation with existing federal, state, and local anti-gang efforts. Such partnerships are essential to the success of the initiative and to ensure officer safety during operations. ICE will also be working through its 54 Attaché offices overseas to cooperate with foreign governments that are also experiencing gang problems, particularly those in Central America.
The ICE Most Wanted fugitives list is one of several steps that ICE has taken to prioritize criminal threats and focus operational resources where they can be most effective. The list features individuals who have been charged with serious crimes, who have eluded law enforcement, and who pose a continuing threat to public safety and to our homeland.
Other ICE Most Wanted fugitives are charged with crimes that include international arms trafficking, drug smuggling, child pornography distribution, and human rights violations.
ICE’s Most Wanted fugitives are given a top law enforcement priority. The list is posted on the ICE website at www.ice.gov, enabling the public to view the criminal aliens and call in tips on their whereabouts. Anyone with information about those on the list should call ICE’s toll-free number at 1-866-DHS-2ICE. The lines are staffed 24 hours a day, seven days a week.
—ICE—
U.S. Immigration and Customs Enforcement (ICE) was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities.
Last Modified 05/10/2005
ON THE NET...
http://www.knowgangs.com/gang_resources/ms/ms_001.htm
"MARA SALVATRUCHA (MS-13)"
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