“Catch and release” putting dangerous criminals on the streets – and it’s not just sanctuary cities

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Politics aside, sanctuary city/states ideologies ar reckless and dangerous. The serve only to cater to the ‘politically correct” crowd and do nothing in the way of safeguarding our communities and our citizenry.

It creates and fosters an uneven playing field. And the practice needs to be stopped. It places our citizens and our law enforcement communities at greater risk.

Reports indicate that U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) officers arrested Irvin Acaphelus Cespedes, 41, Wednesday, Oct.16.

Cespedes, who is a less than legally present Jamaican national who has pending attempted murder charges, was released three times between April and October 2019 from local law enforcement custody with an active detainer because of New York City’s sanctuary policies.

“ICE in New York has repeatedly stated that we prioritize the arrest of criminal aliens, and we act in the interest of public safety, unlike New York City politicians who act in the interest of their own personal views while risking the safety of their constituents,” said Thomas R. Decker.

He’s the field office director of ERO New York.

“Cespedes was released on an active ICE detainer multiple times, including after being charged with attempted murder, and instead of him being turned over to our custody, he was released again into the community to continue his threat on the citizens of New York.”

Here is the timeline of events regarding Cespedes:

April 18, 2019: Cespedes was arrested by the New York Police Department (NYPD) for the charges of criminal possession of marijuana 3rd: aggravate weight more than 8 ounces, criminal possession of marijuana 4th, criminal possession of marijuana 4th: aggregate weight more than 2 ounces, criminal possession of marijuana 5th, and unlawful possession of marijuana. The next day, ERO deportation officers lodged a detainer with the NYPD. The detainer was not honored and Cespedes was released.

July 7, 2019: Cespedes was again arrested by the NYPD for the charges of assault 2nd: intent to cause serious injury with a weapon, attempted murder: intentional, assault 2nd: with intent to cause serious physical injury, assault 2nd: intent to cause physical injury with weapon/instrument, assault 3rd: with intent to cause physical injury, criminal possession weapon 4th: intent to use. On the same date, ERO deportation officers lodged a detainer with the NYPD. The detainer was not honored and Cespedes was released from the custody of the New York City Department of Correction (NYCDOC).

October 12, 2019: Cespedes was again arrested by the NYPD for the charges of criminal possession of marijuana 4th: aggregate weight more than 2 ounces, and unlawful possession of marijuana 1st: ounce or more. ERO deportation officers lodged a detainer with the NYPD, but it was not honored, and he was released from custody.

October 16, 2019: ERO deportation officers arrested Cespedes in the Bronx, New York. He is currently detained in ICE custody pending a removal hearing before an immigration judge.

Just two days ago, we shared this:

An illegal immigrant killed three people after a local New Jersey jail denied a request to hold the man for U.S. Immigration and Customs Enforcement (ICE), said federal authorities. The Mexican national is accused of a triple murder in Missouri.

He was previously jailed and released in New Jersey on domestic violence charges, authorities said. As a result, this tragedy shines the spotlight on the ongoing conflict between local and immigration authorities nationwide.

Luis Rodrigo Perez, 23, a native of Mexico, is charged with fatally shooting two men and wounding two others on Nov. 1 and fatally shooting a woman the next day, NJ.com reported.

He was being held on domestic violence charges at the Middlesex County Jail in New Jersey in December 2017 and was released in February.

ICE officials said they placed a detainer on Perez while he was in custody, but the request was not honored. Moreover, the agency wasn’t notified when he was released, said Corey Price, acting executive director of ICE.

“Yet again, an ICE detainer was ignored and a dangerous criminal alien was released to the streets and is now charged with killing three people,” Price said. “Had ICE’s detainer request in December 2017 been honored by Middlesex County Jail, Luis Rodrigo Perez would have been placed in deportation proceedings and likely sent home to his country – and three innocent people might be alive today.

It’s getting worse.

“It is past time that localities realize the perils of dangerous sanctuary policies and resume their primary goal of protecting their residents,” Price added.

In an email to the Associated Press, Middlesex County officials said the detainer wasn’t honored because it didn’t meet the necessary criteria.

“This order would have authorized Middlesex County to turn over custody of Mr. Perez prior to, or upon completion of his sentence,” they wrote. “Instead ICE officials chose to do nothing, which places all responsibility of Mr. Perez’s actions squarely upon ICE.”

Are Middlesex officials now covering their tail?

The county said it adopted a policy last year of honoring detainer requests from ICE if the inmate has convictions for first-or second-degree offenses or is ordered deported by a federal judge.

During Perez’s stint in jail, ICE never requested an order of deportation against Perez, county officials wrote.

Yet what occurs if the defendant pleads to a lesser offense or the charges are dropped? Presumably, the criterion is no longer met? What if a governor pardons the person in order to avoid deportation? It happened in New York last summer.

“Today I issued pardons to 7 individuals facing the threat of deportation resulting from minor convictions,” wrote Gov. Andrew Cuomo in a July 23, 2018 tweet.

Let’s face it, “minor convictions” are subjective.

“If a burglar breaks in and ransacks your home, but ultimately makes off with less than a $1000 worth of valuables, he could ultimately plead guilty to petty theft as opposed to residential burglary in California,” said Jim McNeff.

He’s a retired police lieutenant. 

“That doesn’t feel like a ‘minor’ offense to the people who had their house invaded by a thief.”

“Wobbler” is a term used by people in the criminal justice system.

“It refers to a crime that can be prosecuted as a felony, but more often than not is reduced to a misdemeanor in order to clear case files,” said McNeff. “As a result, thousands of ‘wobblers’ are adjudicated regularly. These become the ‘minor convictions’ we frequently read about.”

Missouri law enforcement officials believe Perez and Aaron Anderson, 19, killed their ex-roommates Steven Marler, 38, and Aaron Hampton, 23, after they were kicked out of their Springfield home.

Perez is also accused of killing a 21-year-old Sabrina Starr the next day at her house. In total, he is charged with eight felony counts in the shootings.

Anderson told investigators he was waiting with Starr in an SUV outside Hampton and Marler’s home when Perez shot them, adding that he could hear the victims begging for their lives while on the phone with Perez.

He was charged as an accomplice to first-degree murder and three other felonies.

Perez’s girlfriend, Dalia Garcia, 23, is charged with tampering with evidence after she allegedly rode a bus from New Jersey to help burn evidence.

President Trump has consistently bashed municipalities that refuse to cooperate with immigration authorities. The U.S. Border Patrol officials said Friday that its agents detained more than 50,000 people crossing the U.S.-Mexico border in October.

The news came on the same day Trump issued an executive order declaring that anyone entering the U.S. illegally from Mexico outside of established ports would be ineligible for asylum, reported Fox News.

Here is what the White House says about his very sort of ”catch and release” type of policy.

WHAT: Our immigration system continues to encourage and allow an influx of aliens to illegally cross our borders and resettle in American communities.

Porous borders, legal loopholes, and insufficient immigration enforcement resources allow aliens to illegally cross our borders and often prevent their removal once here. Waves of Unaccompanied Alien Children (UACs) and Family Units have been exploiting these weaknesses in our immigration system for years in order to enter and remain in the country.

Since fiscal year (FY) 2016, more than 107,000 UACs have been released into the interior of the United States. 2,895 UACs were released into the U.S. in February 2018 alone, bringing the total for FY 2018 thus far to 13,186.

Once released, most UACs remain here by failing to either show up for court hearings or comply with removal orders. As a result, only 3.5 percent of UACs who are apprehended are eventually removed from the U.S.

The surge of UACs entering and remaining in the U.S. is in addition to the more than 167,000 Family Units which were apprehended between FY 2016 and February 2018. Nearly all apprehended family units are also released into the U.S. due to judicially-imposed constraints on U.S. Immigration and Customs Enforcement’s authority to detain them.

This flow of illegal aliens into American communities stands to only grow as a caravan of hundreds of Central Americans currently traveling through Mexico heads toward the U.S. border.

WHY: Catch and release loopholes encourage more and more illegal immigration into the U.S.

Catch and release loopholes, which are the result of statutory and judicial obstacles, encourage illegal immigration into the U.S. and prevent the removal of aliens once they are here. Currently, the Department of Homeland Security (DHS) can only detain UACs for a few days before releasing them to the Department of Health and Human Services (HHS) for resettlement into the United States.

Immigration enforcement efforts are further hamstrung by the fact that current federal law exempts UACs from non-contiguous countries, such as El Salvador, Guatemala, and Honduras, from being promptly returned to their home countries. This results in nationals from these and other countries entering and never leaving.

Foreign nationals see how easy it is to enter the United States, and how hard it is for federal immigration authorities to remove aliens who enter illegally and are accordingly drawn to the United States. In the absence of lasting solutions to the problems that riddle our immigration system, we can only expect the flow of illegal immigration into our country to continue.

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