Aug 2, 2012
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A veteran Immigration and Customs Enforcement agent is facing suspension after he refused to release an illegal immigrant who was not considered a priority target under the Obama Administration’s new immigration enforcement policies, according to documents provided exclusively to Fox News.
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“They’re punishing law enforcement officers who are just trying to uphold U.S. law,” said Chris Crane, president of the National ICE Council. Crane is a union representative acting on the unidentified officer’s behalf.
The officer under fire is an 18-year law enforcement and military veteran.
On March 27 he and another officer were conducting surveillance on a vehicle in Newark, Del. with plates that were registered to a criminal alien target. During the surveillance, they observed an individual get into the vehicle. The person was detained, questioned and taken to an ICE office so that his fingerprints could be run through a federal database.
The individual was not their criminal alien target. However, he was a 35-year-old illegal immigrant from Mexico who had ten previous traffic violations – including driving without a license.
“The officer made the determination using prosecutorial discretion that he would charge (the suspect) as being in the United States illegally and let the judge sort it out,” Crane said.
“That’s our place in the universe,” he said. “We’re supposed to make arrests and let the judges and the legal system sort through the details.”
Instead, two supervising officers, including the acting field director, intervened and ordered the officer to release the illegal immigrant. The acting field director sat down with the illegal and explained that he was going to be let go because he was not a “presidential priority,” Crane said.
In essence, the supervising officers took on the role of a public defender.
“You had the supervisors intervening with the alien to assist the alien and counsel the alien on avoiding receiving a charging document,” he said.
The officer’s supervisors ordered the officer to release the illegal – an order the officer refused.
According to a “Notice of Proposed Suspension,” dated July 19, the officer “failed to follow these supervisory instructions, when you arrested a non-targeted alien who did not appear to meet any of the ICE priorities.”
A memorandum from Assistant Field Office Director David O’Neill, written the morning of the incident, reveals that the officers were told to release the subject even though he was in the country illegally.
The officer “became agitated and began to raise his voice and stated that he would not do as instructed,” O’Neill wrote in his memo.
As a result of disobeying the order to release a known criminal, the officer faces a three-day suspension and could ultimately lose his job and pension if he arrests another illegal not on the Obama administration’s priority list.
“They’re willing to take away their retirement, their job, their ability to support their families in favor of someone who is here illegally and violating our laws,” Crane told Fox News. “Right now (the Obama administration) is standing in the way of us enforcing the law by either taking a disciplinary action, threats of disciplinary action, or refusing to sign off on charging documents to put an illegal alien into immigration proceedings so a judge can sort it out.”
A spokesman for ICE told Fox News they will not discuss “ongoing personnel matters.”
“ICE officers are not disciplined for lawful arrests,” the spokesperson said. “They may, however, be subject to discipline for insubordination and failure to follow agency polices and directives, among other reasons.”
Ironically, the illegal alien in this particular incident was given better treatment than an American citizen would have been in similar circumstances.
A spokesman for the Newark Police Dept. told Fox News that if an American had been stopped on the same charges – they would have been put in jail. The spokesman said officers would have let the judge sort out the details.
Crane said that’s the way it used to be – until President Obama loosened restrictions on illegal immigrants.
“Our hands are tied much more than your average police officer,” Crane said. “Normally an officer would have made an arrest like this, processed him, put the paper work in front of the supervisor and they would have signed off on it.”
At the heart of the issue are significant changes announced in June by the Dept. of Homeland Security. The new rules outlined how younger illegal immigrants could stay in the country and gain work permits through the use of “prosecutorial discretion.”
Crane said agents in the field disputed the idea of prosecutorial discretion.
“This whole prosecutorial discretion thing is a big lie,” he said. “The administration is trying to say it gives us more flexibility to release people. It’s garbage. These are orders – very clear orders that you will release people.”
The policy allows for discretion involving individuals who have not been convicted of a “felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and is not above the age of thirty.”
The illegal immigrant in this case had 10 traffic violations and is 35-years-old.
And it’s not the first time that ICE agents have found themselves frustrated by Obama’s new policy. Last month an illegal immigrant injured an officer during an attempted escape in El Paso. Assaulting a federal officer is considered a federal crime. However, because the suspect was not a priority target, he was released without any criminal or immigration charges.
“We can’t do anything anymore under these new guidelines,” he added. “
As a result, he said, an 18-year law enforcement veteran has to pay the price — and somewhere in the nation, a 35-year-old illegal immigrant is driving on a roadway without a license.
“If a law enforcement officer can’t perform routine enforcement functions, what do we have a law enforcement agency for,” Crane wondered.
FOX News Talk
Those saying they take americans jobs really? Your going to work your ass of with no overtime picking up rocks and working in fields? Making seven dollars an hour? Less than minimumwage? my juamy ns/dad
Sorry my phone went nuts at end of that.my husband has worked the same job for eleven years and still only makes seven an hour how many americans going do that? Eleven years he got a drink in public first offenseand faces deportation yeah hes a big bad threat huh?
Those saying they take americans jobs really? Your going to work your ass of with no overtime picking up rocks and working in fields? Making seven dollars an hour? Less than minimumwage? my juamy ns/dad
If you people believe anything that is said on Fox 'News' you might want to think again. Do some research on your own, you'll find out it is a Republican owned network, who also happened to 'win' a lawsuit that allows them to tell lies. They also wanted to broadcast in Canada, however, Canada bans lies told on air, so no go. Fox so-called news has an open agenda and will do or say anything to keep people from finding out the truth and thinking for themselves.
Tyring to educate Fox Viewers is like trying to teach rocks to sing. And please don't tell me you have heard of a rock band.
I know, but there is a slight chance that there is one that has more than rocks in their head!
"illegals" are here to help take care of their families, would you not want to do the same? I know ALOT of americans that are too lazy to do the jobs hispanics do, i know people that go to work at 7am and work till 9pm on the roof in 100 degree weather.. are you going to do that? ALSO we would have alot of other jobs in the usa if jobs wouldn't be shipped across seas… And that has NOTHING to do with hispanics. If we kept all the jobs here in the usa wed have enough for everyone. If you understood why hispanics come here in the first place legal or illegal you would understand all of this alot better. There are alot of things america can do so americans can work.. hispanics work their asses off doing the jobs that americans are too lazy too do!
thats right jada
amen sista
True. Tell mr. Villegas we miss him
help them get their papers and maybe this wouldn't be an issue but its ok if they are working and paying taxes because our country will spend the money they pay in taxes legal or not these are the ones who should get their papers first I do not agree with them coming here working and not paying taxes that isn't fair at all if they want to come here and be legal they have to pay taxes I am mixed on the issues bc I am engaged to a mexican but I am an american who wants what is best for our country and my man came here legal also when they come and have a lot of babies and then leave and our country has to keep up their children so the ones that have children here help them stay here so they can support their children and I also don't agree with them coming here making money and sending most of it to mexico that is another thing hurting our economy our money needs to be spent here and mexicans need to find a way to have people in office in mexico that will take tax money and help the country there is so much that needs to be fixed in that country but america can not do it for them and I have no way of knowing what their country needs to do but they all cant run here and have their babies here and want our country to support it I am all for the fact if both parents are illegal then our country should not pay to support the kids if they are coming here for a better life then don't ask our country to support your family we have a hard enough time supporting our people and I have no kids by my mexican man and will not until he is legal I have a lot to say about this issue and it isn't going to be taking up for the illegals but I think its time that we do help the ones who are trying to live the american dream and not here just to make money and then go back to mexico and live a good life that isn't fair to our country when they are here not paying taxes and having babies that our country supports and then they take our money to mexico and what have we gotten o.
ut of them being here nothing if they can work and help our country that's the point for letting them stay but if they are going to be a burden then go back and be a burden to your country and they ned to stop having kids in mexico if they cant support them if they have no social services why would they have kids that they know they cant feed and sending daddy here to send money back isn't the answer because most of the time they father another child here and when he runs off the mother is stuck here and cant get no help because the father is an illegal no way I would have kids by an illegal unless I knew for sure I could support them on my own and as far as them coming here and driving with no license well ther are a lot of americans who do that so why is it different but their are ones who come here and commit crimes so they need to go also but traffic tickets do not make someone a criminal to me we need to focus on drunk driving dealing drugs and violence when deporting mexicans our country cant afford to deport all of them for little reasons I know something has to be done and I don't know but someone needs to figure it out so it will benefit our country not the mexicans because I am going to be here all my life and I have children here that I am thinking of my country and not the fact that I am involved with a mexican.
What is this country coming to. impeach this bastard.
What is this country coming to. impeach this bastard.
Its funny how y'all want to complain about mexi an but I bet you are not complaining about the people who are doing some of yalls wife finger nails or the forgien ones that have gas station. How is it that they gat get papers and come here so easy but a neighboring country has problems doing so? I bet none of y'all would spend the whole day outside picking cotton or any of these jobs the hispanics have. And if you want to get techincal you are here illegally too this land belongs to native americans.
I agree with u amiga ! !
whatever… everybody got to complain about something….you might wanna do a spell check
I know that's right….or catchin fukin chickens thats on the super plate at night you don't see white boys doin that….or out in tobacco fields but yet they want to smoke that marlboro….racist bastards….
I Hear if he Gets another Term, You think you're getting over run W/Illegals now? Wait for him Enacting Amenity for All and giving them Citizenship! The Book "Fool Me Twice" Should be a Huge Wake Up! I Just wish everybody could have Endorsed, Campaign(ing) for Ron Paul! There is Time to Take Our Country Back! Tampa is Not Letting him Speak at the DNC as the Media is Always Lying and Blocking all Dr.Paul's Coverage Because They NObama ~ RoMoney Want more War and Bigger Government w/Socialistic Agendas and Less Freedoms and Liberality's.
What part of Illegal do they NOT understand?
Jail Obama for aiding and abbeding illegals..jail Holder to.
Of course, it has to be FOX NEWS and its thugs. Hatred has no limits.
The question here is, do we think Obama, and I mean his administration didn't study the legality of all his executive orders? Do we really believe Obama overstated his powers without checking the legal aspect of every decision knowing he has so many against him, so many enemies wanting to nail him for life? Do we really think Obama is acting outside the Constitution and nobody advised him, and nobody is doing anything to stop him. Not even Congress? Do we really think the First Lady doesn't advise him on these issues? She used to practice law and must have some knowledge of the Constitution.Please, let's stop to think about all this. Do not let our feelings against the man blind us and project our ignorance so anyone can call us idiots. This is a matter of reasoning, whether we like the man or not. Personally I believe someone in Congress would had already started an impeachment process, if that were the case. Is very simple. We are for or against Obama is one thing, but he is not stupid. In favor or against him, Obama is a very intelligent man and I do not think would make a move without checking with his legal advisers. All these moves are well thought out way before announced.
You could certainly see your expertise within the paintings you write. The arena hopes for more passionate writers like you who are not afraid to say how they believe. At all times go after your heart.