Feeds:
Posts
Comments

The subtitle for this article should be, “This stuff has got to stop!”

Prosecutors dismiss rape charges against illegal immigrant

By Mike Carter

Seattle Times staff reporter

Snohomish County prosecutors have dismissed rape charges against an illegal immigrant whose arrest in Edmonds sparked outrage because he had been deported 10 times before.

Jose Madrigal-Lopez, 46, pleaded guilty to a single count of misdemeanor indecent exposure last month after prosecutors dismissed the second-degree rape charges after concluding that the sexual contact may have been consensual, Snohomish County Attorney Mark Roe said Thursday.

Madrigal-Lopez was arrested after a witness saw him standing, with his pants down, over a woman outside an Edmonds supermarket.

The woman first told police that he had offered her $35 for sex and then raped her when she refused. Jail records indicate that she told police she was screaming for help, but a source familiar with the investigation said she changed her story.

“The evidence was relatively equal on whether or not it was consensual, so we were not completely convinced,” Roe said.

Madrigal-Lopez was sentenced to 90 days with credit for time served for the indecent exposure charge in the Snohomish County Jail. He is now in federal custody.

On Thursday, Madrigal-Lopez appeared before U.S. Magistrate Judge John Weinberg in Seattle on a new federal felony charge of illegal re-entry, which could land him in prison for 10 years.

Madrigal-Lopez has a long criminal record in the U.S. of mostly drug offenses, although he was convicted of theft of a firearm in California and unlawful sexual contact in Denver.

He was deported to Mexico 10 times between 1997 and 2004, but each time returned to the U.S., according to the court records.

I do not know which of the woman’s stories is the truth, but if she had told the truth the first time, one of two things would have happened.

  1. Jose Madrigal-Lopez would have been tried and possibly convicted of rape charges, or
  2. He would only have been charged with immigration offenses and the indecent exposure charge to which he pled guilty.

I wish I had some way of personally tracking Madrigal-Lopez.  I’d like to see how long it will take him to get back into the U.S. once he is deported for the 12th time.

That’s the short version.  Here is the longer version which contains some slightly different information plus a video on the linked webpage:

Investigators: Edmonds rape suspect deported nine times

by CHRIS INGALLS / KING 5 News

EDMONDS, Wash. – The KING 5 Investigators have learned that an illegal immigrant accused of raping a woman in Edmonds Sunday has been deported nine times. That’s much more than previously reported.

Immigrations and Customs Enforcement won’t comment on the case of Jose Lopez Madrigal. But KING 5 got the information through confidential sources and documents.

Larry Klein was the man who heard the alleged victim’s cries for help. Police say the suspect pulled the woman off the street to a dumpster and raped her.

“I could see the back of his head. I could see his pants were down. I could see her lying on the ground. I could hear her crying, but I couldn’t really see her face,” said Klein.

Klein called police, who quickly arrested the suspect. But learning his identity took much longer because of some 30 aliases. It was only through fingerprints that they identified him as Madrigal, a Mexican citizen.

Madrigal’s arrest and immigration record includes a staggering number of contacts with law enforcement since 1989. That’s the year he was convicted of theft using a firearm in California.

He was deported a couple of times after that. Then in 1999, he was arrested for drug sales in both San Diego and San Francisco. Records show that he was deported three times that year between April and August.

He was arrested for drugs again in Stockton, Calif. in 2000. In 2002, he pleaded to third degree sexual assault in Denver. Later that year, he was deported again. And in 2003, records show he was deported three more times.

People who live near the scene of Sunday’s alleged rape wonder how it could keep happening.

“Makes you wonder, what are we doing wrong? How is he getting back in here?” said Kirby Aumick.

“It’s troubling. I mean, if this man should not have been in this country, he should have been behind bars then, really, this is a senseless tragedy,” said Klein.

According to our sources, Madrigal’s last contact before Sunday was around 2003. So, it’s not clear how much of that time Madrigal was in this country.

Immigration and Customs Enforcement has refused to comment on the case which started making national headlines when it was learned that Madrigal had been deported several times prior to the Edmonds case.

In reviewing records and talking with confidential sources, the KING 5 Investigators learned just how extensive Madrigal’s immigration and arrest record is.

They found he was first deported in California in 1989 and since then he’s returned from his Mexican homeland and been arrested for drug crimes, a sex assault in Colorado and other offenses.

One criminal justice source says Madrigal is a “poster boy” for the federal governments ineffectiveness at keeping the most serious “criminal aliens” – illegals who commit crimes – out of the United States.

In the meantime in an unrelated incident:

East Texas man caught smuggling immigrants in Sarita

by Sergio Chapa

Posted: 07.08.2010

An East Texas man is behind bars in the Rio Grande Valley after he was allegedly caught smuggling four illegal immigrants at the Sarita checkpoint.

U.S. Border Patrol agents arrested James Earl Lovett on human smuggling charges on Monday night.

Court records show that the 32-year-old Huntington, Texas man drove up to the Border Patrol checkpoint in a maroon Nissan Quest.

Border Patrol agents allegedly found four illegal immigrants from Mexico hiding under blankets in the back of the mini-van.

Lovett allegedly admitted that he smuggled the immigrants for cash.

The Huntingon man appeared before U.S. Magistrate Court Judge Ronald Morgan in Brownsville on Wednesday morning.

Records show that Lovett is an American citizen and has a criminal history that included theft, unlawfully carrying a weapon and marijuana.

Judge Morgan denied bond for Lovett until a Monday afternoon hearing.

…and I must show my ID when:

Pulled over by the police.

Making purchases on my department store credit card.

I show up for a doctor’s appointment.

Filling out a credit card or loan application.

Applying for or renewing a driver’s license or passport.

Applying for any kind of insurance.

Filling out college applications.

Donating blood.

Obtaining certain prescription drugs.

Applying for a marriage license.

Filling out an application for a new apartment.

I am going to test drive a car.

I registered to vote.

If you look underage when trying to buy beer or alchohol.

Making some debit purchases, especially if I’m out of state.

Collecting a boarding pass for airline or train travel.

I’m sure there are more instances, but the point is that we citizens of the USA are required to prove who we are nearly every day!

Why should people in this country illegally, be exempt!!!!!

Why shouldn’t we guard our borders as closely as every other country in the world does?

Go ARIZONA !!!

I understand from a report by FOX News that I am suing you and your state for trying to protect your citizens.  I have spent about an hour reading the lawsuit I have filed against you, and I have noticed a few things that I would like to point out to you.

First of all, Governor Brewer, you should know that I am NOT involved and I am NOT supportive of this lawsuit.  As has been the case since the result of the November 2008 election took office, he is operating on his own.  He calls himself the Federal Government, but he is not.  The Constitution of the United States grants, by authority of the people, to the Federal Government the powers they are supposed to expend.  I did not grant him unlimited power as he has usurped the office and the meaning of the United States of America.

He has alienated me and millions of other citizens of the United States, and he has now, in my name, brought suit against you and your state.  He is an abomination in my eyes.  He is an embarrassment to me.  He knows he cannot defeat the people of the United States on his merit so he seeks to do so by unlawful means.

In his lawsuit against you and the State of Arizona, he says that if your law, SB1070, is allowed to go into effect, it will “undermine the federal government’s careful balance of immigration enforcement priorities and objectives.”  The only priority he has shown me is not a carefully balanced mix of immigration enforcement priorities and the only objective I have seen is his goal of burying the United States of America in illegal immigrants being provided amnesty.  This is in addition to his seemingly successful attempt to unlawfully secede a portion of the land of the State of Arizona to Mexico.

His lawsuit says that your “attrition through enforcement” approach will conflict with federal law governing the registration, smuggling, and employment of aliens.  According to him, “It will altogether ignore humanitarian concerns, such as the protections available under federal law for an alien who has a well-founded fear of persecution or who has been the victim of a natural disaster.”  I have read your SB1070, and I do not see the conflict he is so afraid of.

He seems to be laboring under a misunderstanding of the definition of a person who is in our country illegally as opposed to a person who has gone through an American embassy in his own nation or in the United States to seek political asylum in the United States.

He also says your law will interfere with “vital foreign policy and national security interests by disrupting the United States’ relationship with Mexico and other countries.”  I fail to see any validity to this charge as the security of our nation is at the very heart of your bill.

As far as our relationship with Mexico and other countries is concerned, did he suddenly make a treaty without Congressional approval that allows any citizen of Mexico or “other countries” to have the same rights as citizens of the United States?  Are they to be allowed to freely come and go between our borders; to live wherever they choose and work wherever they like without having the responsibilities that we United States citizens have?  Has he nullified the requirement for illegal immigrants of paying payroll taxes, income taxes, Social Security taxes, sales taxes, health, automobile, and property insurance, becoming legally qualified and licensed to drive in our states, speaking our language, paying school taxes and other fees and charges of sending our children to school?

Has he now authorized illegal immigrants what is commonly known as “a free ride” through our medical professionals and hospitals providing free care to everyone except American citizens?  Did he issue an executive order to the grocery stores of America that they must provide free food to illegal immigrants in addition to the food stamps the states provide to them?

You should know that “the United States understands the State of Arizona’s legitimate concerns about illegal immigration, and has undertaken significant efforts to secure our nation’s borders.”

Do those significant efforts include opening wide our borders to illegal immigrants so that they are no longer a threat to our country – merely citizens of their own country crossing legally into another jurisdiction of their own country even though it was formerly known as a separate and distinct nation?

He closes his lawsuit by listing what he calls “cause of action” – as though you have brought this on yourself.  How is protecting the citizens of the State of Arizona a “cause of action” on his part?  Then to top it off, he demands that you pay him for his expenses?  What expenses?  If he were maintaining control and the security of our borders, none of this would have been necessary.

FIRST CAUSE OF ACTION – VIOLATION OF THE SUPREMACY CLAUSE

Plaintiff incorporates paragraphs 1 through 60 of the Complaint as if fully stated herein.

Sections 1-6 of S.B. 1070, taken in whole and in part, represent an impermissible effort by Arizona to establish its own immigration policy and to directly regulate the immigration status of aliens. In particular, Sections 1-6 conflict with federal law and foreign policy, disregard federal policies, interfere with federal enforcement priorities in areas committed to the discretion of plaintiff United States, and otherwise impede the accomplishment and execution of the full purposes and objectives of federal law and foreign policy.

Sections 1-6 of S.B. 1070 violate the Supremacy Clause, and are invalid.

SECOND CAUSE OF ACTION – PREEMPTION UNDER FEDERAL LAW

Plaintiff incorporates paragraphs 1 through 63 of the Complaint as if fully stated herein.

Sections 1-6 of S.B. 1070 are preempted by federal law, including 8 U.S.C. § 1101, et seq., and by U.S. foreign policy.

THIRD CAUSE OF ACTION – VIOLATION OF THE COMMERCE CLAUSE

Plaintiff incorporates paragraphs 1 through 65 of the Complaint as if fully stated herein.

Section 5 of S.B. 1070 (adding Ariz. Rev. Stat. 13-2929) restricts the interstate movement of aliens in a manner that is prohibited by Article One, Section Eight of the Constitution.

Section 5 of S.B. 1070 (adding Ariz. Rev. Stat. 13-2929) violates the Commerce Clause, and is therefore invalid.

PRAYER FOR RELIEF

WHEREFORE, the United States respectfully requests the following relief:

1. A declaratory judgment stating that Sections 1-6 of S.B. 1070 are invalid, null, and void;

2. A preliminary and a permanent injunction against the State of Arizona, and its officers, agents, and employees, prohibiting the enforcement of Sections 1-6 of S.B. 1070;

3. That this Court award the United States its costs in this action; and

4. That this Court award any other relief it deems just and proper.

In 1776, the citizens of the United States became officially “the government of the United States.”  That means that without asking the citizens of the United States if we want to take this action, he has brought his own will to bear in our name.  This is not acceptable.

We the people, that is to say the Federal Government of the United States of America, demand the resignation of the man Barack Hussein Obama immediately.  We demand his immediate exit from the People’s House.  We demand the firing of the entire cabinet and appointments whether or not approved by Congress made by the man Barack Hussein Obama.  We demand the repeal and/or removal of any and all laws and executive orders bearing the signature of the man Barack Hussein Obama.  We demand charges of high treason be brought against the man Barack Hussein Obama, and following his conviction, the appropriate punishment begin immediately.

Governor Brewer, in closing, let me assure you that the REAL Government of the United States, the people, have no intention of suing either you or the State of Arizona.  We support and applaud your efforts to protect your citizens.

Respectfully,

RELATED POST:  Governor Jan Brewer:  Woman of Conviction

RELATED POST:  The United States VS. Arizona

Like most American citizens, I have enjoyed the time away from my computer for the past few days celebrating Independence Day.  That has put me a little behind on my updates to this series.  Unfortunately, it has not delayed the reports I have gotten continuously during this 3-4 day period.  Here are the latest examples of why Obama must be forced to secure our borders now.  If anyone thinks it is only the Border States who have the problems, just take a look for yourself.   The Bold print is my emphasis.

Posted: Friday, 02 July 2010 3:45PM

10 arrested in Gallatin County, Mt. after 2-week anti-gang operation

AP News

BOZEMAN, Mt. — Assisted by local law enforcement agencies, the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) arrested 10 men during a two-week operation targeting foreign-born gang members and their associates in Gallatin County. The following law enforcement agencies also participated in the operation: Gallatin County Sheriff’s Department, the Missouri River Drug Task Force, and the West Yellowstone Police Department.
[…]
This multi-agency operation, which ended July 2, targeted gang members and associates engaged in organized criminal activity. Seven of those arrested during this operation are known gang members or associates from the “Surenos” street gang. Three additional suspects were apprehended on other criminal and federal immigration charges. Eight were arrested in
Bozeman, and two in West Yellowstone. All were from Mexico.

Those in ICE custody are charged with administrative immigration violations and are awaiting deportation. In addition to immigration charges, the U.S. Attorney’s Office for the District of Montana has accepted prosecution for one of the men arrested for reentering the United States after being previously deported, which is a felony.
[…]
“The
Gallatin County Sheriff’s Office is committed to reducing crime at a local level,” said Gallatin County Sheriff Jim Cashell. “In this case, we assisted ICE with arresting illegal immigrants that have ties to street gangs and known criminal enterprises. Removing these individuals from the streets is an important step in maintaining the safety and quality of life that the citizens of Gallatin County expect.”
[…]

Sometimes, police officials may have been working on a different serious problem for the community and strike illegal immigration gold; this comes from Ohio.

Updated 10:39 AM Saturday, July 3, 2010

Checkpoint nets impaired driver, illegal immigrants

HARRISON TWP., Montgomery County — A five-hour sobriety checkpoint overnight Friday, July 2, netted just one arrest for impaired driving, but a slew of other violations, including the federal detention of two illegal immigrants, police said.

The violations included 55 charges for driving under suspension and no driver’s license, 26 seat belt citations, two child restraint violations, 17 traffic violations and three misdemeanor arrests, according to a news release.

The checkpoint was manned by the county sheriff’s office, Ohio State Highway Patrol, and the county’s combined agency OVI (operating a vehicle while intoxicated) task force. The checkpoint ran from 9 p.m. Friday through 2 a.m. Saturday on Ohio 48 in Harrison Twp. Additional deputies and troopers patrolled around the checkpoint site.

Extra traffic enforcement is planned in the county through the remainder of the holiday weekend.

Having already broken one U.S. law by being in the United States illegally, many times, that is not the crime for which an illegal immigrant is arrested as in this report from Springfield, Massachusetts.

Illegal alien charged with child rape

Police are searching for second suspect

Updated: Sunday, 04 Jul 2010, 8:42 PM EDT
Published :
Sunday, 04 Jul 2010, 7:01 PM EDT

  • Anthony DiLorenzo

SPRINGFIELD, Mass. (WWLP) – One man is under arrest, accused of raping his 4-year old family member. The little girl is now hospitalized at Baystate Medical Center with what police describe to be serious but non life-threatening injuries.

Detective Mike Chapin told 22News the victim was sexually assaulted at her home at 693 Carew Street sometime Saturday evening.

The girl’s mother called police and arrested 19-year old Angel Santizo at the home without incident. Santizo is an illegal immigrant from Guatemala. He is being held and will be arraigned Tuesday.

U.S. Department of Immigration and Customs has been notified, since the suspect is an illegal alien.

Police are looking for a second suspect in connection with the crime.

This report from the Jennings Daily News Online Edition in Jennings, Louisiana, shows how wide-spread the problem really is.

Immigrants arrested for fake documents
Press release,
07-04-2010

KINDER – State officials busted three Hispanic illegal immigrants, a fourth friend and a juvenile after they attempted to get driver’s licenses with fake documents earlier this week.
Louisiana State Police (LSP) reported that officials with Kinder’s Office of Motor Vehicles called detectives once they realized the documents were forged or fraudulent. Kinder Police and LSP detectives verified those suspicions. LSP detectives arrested Southeast Texas residents Hugo Gerardo Riviea-Cantu, 31, Marco Antonio Cruz-Morales, 32, Gerardo Ponce-Flores, 39 and Isidro Garcia, 29, charging them with injuring public records, possession of fraudulent documents, and giving false information regarding lawful presence in the United States in order to obtain a driver’s license. Each of the arrested individuals faces a potential penalty of two years in jail and a $2,000 fine.

Federal immigration agents also responded and placed a hold on all subjects except Garcia. Once they have completed their state sentence, they will be turned over to the custody of Immigration and Customs Enforcement.

My reports do not always come in date order.  Sometimes, it takes a while for them to get to me – like this report from the Laredo, Texas, Sun.

Two Arrested for Transporting Illegal Immigrants

Federal agents arrested 2 men and a woman on charges of human smuggling.

Saturday, June 19, 2010
By:
Laredo Sun

LAREDO, Tx. – Federal agents from the Immigration and Customs Protection arrested 2 men and a woman on charges of human smuggling with the intention of taking them to San Antonio.

According to reports, the case began when ICE officials detected a man in the international airport renting an automobile from AVIS, and using an address where previously several undocumented immigrants were busted.

Federal agents followed the subject where he met a woman and together went to an apartment complex where they met a third subject.

Authorities inspected the rented Toyota and found 2 undocumented immigrants in the trunk. The woman was arrested because she stated she was the driver.

Later the two men were also arrested for their involvement in this case, but they did not declare anything. The immigrants told authorities they were headed to San Antonio, Texas and they were going to pay 3,000 dollars.

It seems that is the price for helping someone come into the United States illegally – $3,000.  As long as it remains this profitable with no repercussions to the offenders, does our immigration system have a chance?  Only WHEN – not IF – the border is secure.

RELATED POST:  Illegal Aliens Being Used to Build Public School

I keep getting emails suggesting that Obama is trying to push through Congress a bill that will give him legal cause to arrest people like you and me just because we disagree with his fake administration.  People and groups are either telling the truth about that possibility or someone out there trying to use scare tactics on us.  Again.

I decided to read the bill for myself and just see what it says about “We the People.”

Even though this bill was introduced in the House of Representatives by a Democrat, Representative Jane Harman (CA-36) and has only 14 Cosponsors, three of whom are Republicans, we must remember that the bill was originally introduced in April, 2007.  President George W. Bush was still in the oval office at that time.

I suppose there are those who think President Bush wanted dissenters from the general populace arrested as well.  Personally, I do not follow that school of thought.  He is a Texan.  Many in the other 49 states do not understand what that means.  While he made several decisions with which I personally do not agree, I understand his line of thinking because he is a Texan.  Too many people never understood that aspect of his presidency.

It became blatantly obvious to me that H.R.1955 was written pre-Obama -Congress when I noticed from the PDF that there are only 22 pages to the bill as passed by the House and sent to the Senate. A list of the Representatives and how they voted can be found here.  I could tell it was pre-Obama because there weren’t over 2000 pages to the bill.

H.R.1955 is “An Act to prevent homegrown terrorism, and for other purposes” the short title of which is “Violent Radicalization and Homegrown Terrorism Prevention Act of 2007.”  Yeah, a Democrat writer – the short title is longer than the bill title.

They always have to define the terms used in the bill, and I found a couple of these rather interesting.  The bill defines “violent radicalization” to mean “the process of adopting or promoting an extremist belief system for the purpose of facilitating ideologically based violence to advance political, religious, or social change.”

At first reading, I thought that I could see where maybe a few misguided Americans might think this could be aimed at the citizenry, but I prefer to give the benefit of the doubt to the House of Representatives that they are referring to any American citizen who chooses to join a group such as Al Qaeda.  Until, that is, the bill itself gives me reasons to think otherwise.

The next definition included in this section of the bill defines “homegrown terrorism” as “the use, planned use, or threatened use, of force or violence by a group or individual born, raised or based and operating primarily within the United States or any possession of the United States to intimidate or coerce the United States government, the civilian population of the United States, or any segment thereof, in furtherance of political or social objectives.”  This reaffirmed my initial reactions.

The next and final definition is “ideologically based violence” meaning “the use, planned use, or threatened use of force or violence by a group or individual to promote the group or individual’s political, religious, or social beliefs.”  This probably still refers to a group such as Al Qaeda, but it could also be used against citizen militia groups such as the so-called Skinheads and the neo-Nazis.  I still do not personally see a threat to normal everyday people like myself who resent the Socialistic changes Obama has brought to the forefront of our thoughts lately.

Section 899B of the bill presents the findings of the Congress that they feel made this bill necessary.  Usually this part of a bill is just a bunch of legal-sounding terms that could better have been used elsewhere and for other reasons.  Paragraph (3) states, “The Internet has aided in facilitating violent radicalization, ideologically based violence, and the homegrown terrorism process in the United States by providing access to broad and constant streams of terrorist-related propaganda to United States citizens.”

I immediately thought of the last email I had received that prompted me to look further into this H.R.1955.  This sentence, “HR 1955 was introduced in 2007 by Jane Harmon. They are bringing it back. Gee what a great way to discourage an American’s right to assemble… like … let’s say the Tea Parties….” was accompanied by this reference link.

Foreign Ministry reports circulating in the Kremlin today are warning that an already explosive situation in the United States is about to get a whole lot worse as a new law put forth by President Obama is said capable of seeing up to 500,000 American citizens jailed for the crime of opposing their government.

Sparking the concern of Russian diplomats over the growing totalitarian bent of the Obama government is the planned reintroduction of what these reports call one of the most draconian laws ever introduced in a free society that is titled “The Violent Radicalization and Homegrown Terrorism Prevention Act“.

First introduced in the US Congress in 2007 by Democratic Representative Jane Harmon, this new law passed the US House of Representatives by a secretive voice vote, but failed to pass the US Senate, after which it was believed dead until this past week when it was embraced by Obama who became the first American President to name his own citizens as a threat to his Nations security.

While in my opinion this article is written as a “scare tactic” there is as always a grain of truth hidden inside.  It comes from the link attached to the statement, “…the first American President…”

The following comes from a statement by National Security Adviser John Brennan at the end of May, 2010. (emphasis mine)

Such a strategy must begin with the recognition that a clear-eyed understanding of our strategic environment – the world as it is today – is necessary to shape the world that we seek,” according to a summary of the plan.

Currently, the United States is focused on completing a responsible transition in Iraq, succeeding in Afghanistan, and defeating al Qaeda and its terrorist affiliates, while moving our economy from deep recession to enduring recovery. Even as we confront these crises, our national strategy must take a longer view. We must adapt and lead in a rapidly changing, interconnected world in which interests of nations and peoples are increasingly shared.

You see it, too, don’t you?  “…to shape the world that we seek…” “…interconnected world…increasingly shared.”  I do not like the sound of that.

You may or may not agree with me, but it seems to me that our Legislators can pass a bill that is will intentioned only to see the bill enforced by the administration in power go in a totally separate direction from the intent of the bill.  The problem comes from interpretation.  If the language is ambiguous, as I believe it is in this bill, the administration will be able to use the wording of the bill to support its view of just who and what constitutes “a terrorist individual or group.”

I suggest you read the bill for yourself.  I have provided the link above which is a PDF file.  After reading it myself, I can see where people like you and me could, and probably would be classified by this Marxist government as a threat.  Until they come to take me away, I have every intention in the world of writing the truth as I see it.

I do not know how all this is going to play out, but I do know this for a dead certainty.  There will come the time for the victory of the American citizen over the tyrannical administration intent on bringing change we do not want, hope we may feel is lost, and laws we cannot accept.

Did you read the Declaration of Independence yesterday?  Read it today.  It is all over the internet – including here.  Let this part soak in…

…That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or abolish it, and to institute a new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.

[…]

Have we come to the point that it is time to bring this document back, change the name of the offender, and put our Declaration of Independence to the test?

But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security. Such has been the patient Sufferance of these Colonies; and such is now the Necessity which constrains them to alter their former Systems of Government. The History of the Present King of Great-Britain is a History of repeated Injuries and Usurpations, all having in direct Object the Establishment of an absolute Tyranny over these States.

November is coming.  Get your votes ready!

In Congress, July 4, 1776.
A Declaration
By the Representatives of the
United states of America,
In general Congress assembled.

When in the course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature’s God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.

We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness—That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or abolish it, and to institute a new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security. Such has been the patient Sufferance of these Colonies; and such is now the Necessity which constrains them to alter their former Systems of Government. The History of the Present King of Great-Britain is a History of repeated Injuries and Usurpations, all having in direct Object the Establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid World.

He has refused his Assent to Laws, the most wholesome and necessary for the public Good.

He has forbidden his Governors to pass Laws of immediate and pressing Importance, unless suspended in their Operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the Accommodation of large Districts of People; unless those People would relinquish the Right of Representation in the Legislature, a Right inestimable to them, and formidable to Tyrants only.

He has called together Legislative Bodies at Places unusual, uncomfortable, and distant from the Depository of their public Records, for the sole Purpose of fatiguing them into Compliance with his Measures.

He has dissolved Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People.

He has refused for a long Time, after such Dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the Dangers of Invasion from without, and Convulsions within.

He has endeavoured to prevent the Population of these States; for that Purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their Migrations hither, and raising the Conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone, for the Tenure of their Offices, and Amount and Payment of their Salaries.

He has erected a Multitude of new Offices, and sent hither Swarms of Officers to harass our People, and eat out their Substance.

He has kept among us, in Times of Peace, Standing Armies, without the consent of our Legislature.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a Jurisdiction foreign to our Constitution, and unacknowledged by our Laws; giving his Assent to their Acts of pretended Legislation:

For quartering large Bodies of Armed Troops among us:

For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all Parts of the World:

For imposing taxes on us without our Consent:

For depriving us, in many Cases, of the Benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended Offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an arbitrary Government, and enlarging its Boundaries, so as to render it at once an Example and fit Instrument for introducing the same absolute Rule in these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with Powers to legislate for us in all Cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our Seas, ravaged our Coasts, burnt our Towns, and destroyed the Lives of our People.

He is, at this Time, transporting large Armies of foreign Mercenaries to compleat the Works of Death, Desolation, and Tyranny, already begun with circumstances of Cruelty and Perfidy, scarcely paralleled in the most barbarous Ages, and totally unworthy the Head of a civilized Nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the Executioners of their Friends and Brethren, or to fall themselves by their Hands.

He has excited domestic Insurrections among us, and has endeavoured to bring on the Inhabitants of our Frontiers, the merciless Indian Savages, whose known Rule of Warfare, is an undistinguished Destruction, of all Ages, Sexes and Conditions.

In every stage of these Oppressions we have Petitioned for Redress in the most humble Terms: Our repeated Petitions have been answered only by repeated Injury. A Prince, whose Character is thus marked by every act which may define a Tyrant, is unfit to be the Ruler of a free People.

Nor have we been wanting in Attentions to our British Brethren. We have warned them from Time to Time of Attempts by their Legislature to extend an unwarrantable Jurisdiction over us. We have reminded them of the Circumstances of our Emigration and Settlement here. We have appealed to their native Justice and Magnanimity, and we have conjured them by the Ties of our common Kindred to disavow these Usurpations, which, would inevitably interrupt our Connections and Correspondence. They too have been deaf to the Voice of Justice and of Consanguinity. We must, therefore, acquiesce in the Necessity, which denounces our Separation, and hold them, as we hold the rest of Mankind, Enemies in War, in Peace, Friends.

We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the World for the Rectitude of our Intentions, do, in the Name, and by the Authority of the good People of these Colonies, solemnly Publish and Declare, That these United Colonies are, and of Right ought to be, Free and Independent States; that they are absolved from all Allegiance to the British Crown, and that all political Connection between them and the State of Great-Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm Reliance on the Protection of the divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

Signed by Order and in Behalf of the Congress,
John Hancock, President.

Attest.
Charles Thomson, Secretary.

Thank you, Governor Bredesen.

Governor signs TN immigration bill

Gov. Phil Bredesen signed an immigration bill Monday that requires local jailers to report to federal officials those people whose immigration status they cannot verify, setting aside objections from law enforcement and civil rights groups.

Bredesen said the legislation mirrors efforts already under way to prevent the release of illegal immigrants after arrest. But he expressed qualms with the debate over the bill, which passed by wide margins in the waning days of the legislative session.

“I believe there has been significant political posturing on this issue,” Bredesen said in a statement Monday. “While I do have concerns about this legislation, this bill seeks to set up a verification process similar to what exists in our state’s major cities, and I have been supportive of these efforts.”

The bill requires local police to report anyone they arrest to Immigration and Customs Enforcement who they believe may be in violation of immigration law or if their status cannot be determined. Supporters say the law will help federal officials find and deport illegal immigrants.

The law, which goes into effect Jan. 1, calls on the Tennessee Peace Officer Standards and Training Commission to write procedures for local police to use when checking immigration documents. It creates exceptions for cities, such as Nashville and Memphis that already have cooperative agreements with immigration officials.

[…]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

While I was reading the above article, my eyes strayed to this interesting tidbit.  So if the documents were from illegal immigrants, why the lawsuit?  This time, they may be right.

Driver’s license office sued over immigrant’s seized ID

The Tennessee Department of Safety is facing a class-action lawsuit (PDF) after at least two driver’s license station workers confiscated a Hispanic woman’s proof of citizenship, returning it so badly damaged it had to be replaced.

Nashville immigration attorney Elliott Ozment filed the federal suit Thursday, stating that driver’s license clerks confiscated at least 100 documents in the past five years. He expects, when records are obtained for the case from the Department of Safety, which runs the stations, to prove many of those were taken from Hispanics over forgery concerns.

“This is a problem and not a one-time thing,” Ozment said.

The driver’s license employees are classroom trained to help them identify fraudulent documents, said Department of Safety spokeswoman Dalya Qualls.

They are trained to review immigration documents, passports and birth certificates, she said. The training includes color photographs of the most commonly used documents issued by other countries, the federal government and other states. They also are taught how to identify the security markings that are printed on the document.

Ozment is representing a 21-year-old Morristown, Tenn., woman who tried to get a driver’s license in March. She brought her naturalization certificate and her Social Security card — required for the license — and Arkansas state identification card as additional identification.

As a clerk and her supervisor studied Mexican-born Diana Mata-Cuellar’s naturalization certificate, Mata-Cuellar offered to go home and get supporting documentation — letters from federal immigration offices tracking her process of becoming a U.S. citizen. The supervisor threatened to confiscate the certificate, explaining that it looked like it had been altered.

By the time Mata-Cuellar returned with her letters, it was too late. The evidence was sealed, she was told.

“I will always remember the day I became a citizen,” she said. “I was in a Minnesota court at the ceremony in 2008. After that, I thought there would be no problems, never preoccupied about papers. But look at what happened.”

The citizenship certificate, now evidence in the lawsuit, was damaged by someone who apparently tried to rub out words and phrases. Some were left barely visible, forcing Mata-Cuellar to apply for a new copy.

Ronnie McDaniel, branch supervisor of the Hamblen County driver’s license station, was on vacation Thursday and not available for comment.

Two Mexican men said they faced similar treatment in Franklin when their proof of legal residency was confiscated in 2008. Ozment filed suit on behalf of those men, but they dropped the case out of fear once their green cards were replaced, the attorney said.

The lawsuit accuses the Department of Safety of violation of civil rights from illegal seizures and seeks an injunction to keep the department from confiscating identification documents from Hispanics.

[…]

~~~~~~~~~~~~~~~~~~~~

As if we do not have enough problems right now…

Philly Mayor Wants to End ICE Agreement

A showdown is brewing in Philadelphia tonight between the Mayor, the D.A and Immigration & Customs Enforcement Agents.

Illegal immigrants seem to be caught in the middle.

It stems from Mayor Nutter wanting to end an agreement that allows ICE to look at arrest records.

Critics say that would make Philadelphia a safe-haven for illegal immigrants.

Currently the arrangement allows the following:

Federal Immigration Customs Enforcement Agents, or ICE Agents, are allowed to look, for the past year, at preliminary arrest records, or PARS reports. Before any trial – even if the case gets thrown out – ICE agents can see the names of whoever was arrested in Philadelphia.

Many in the immigrant community want this deal to end. They say people arrested for minor crimes have deportation proceedings started against them. Immigrant advocates say that it breeds fear and mistrust in the police.

[…]

Earlier today she spoke to lawyer, Danny Cevallos. He said, “An arrest is not a conviction and to be placed onto a separate list to be places under heightened scrutiny really goes against out fundamental notions of fairness.”

ICE falls under the Department of Homeland Security. We invited Jack Tomarchio, who used to work for Homeland Security, to give his perspective on this issue.

~~~~~~~~~~~~~~~~~~~~~~~~~

And the problem with this is…?

Students face deportation to countries they don’t remember

Thousands of young illegal immigrants were brought to the U.S. as children and have gone on to college. Proposed legislation would grant them legal status, even as more of them face removal.

Reporting from Washington and Los Angeles — Early one morning in March, two Chicago-area brothers were dozing on an Amtrak train when it stopped in Buffalo, N.Y. A pair of uniformed Border Patrol agents made their way through the car, asking passengers if they were U.S. citizens. No, the vacationing siblings answered honestly, with flat, Midwestern inflections: We’re citizens of Mexico.

And so it was that college students Carlos Robles, 20, and his brother Rafael, 19 — both former captains of their high school varsity tennis team — found themselves in jail, facing deportation.

Their secret was out: Despite their upbringing in middle America, their academic success and their network of native-born friends, they had no permission to be in the United States. Their parents had brought them here illegally as children.

The Robles brothers, now out of jail but fighting removal in Immigration Court, are among thousands of young illegal immigrants in similar situations, living at risk of being expelled to countries they barely remember.

Two weeks ago, a Harvard University student who came from Mexico at age 4, Eric Balderas, joined their ranks after he was arrested by immigration agents at an airport in San Antonio.

They are known in some circles as “Dream Act” kids, named after proposed legislation that would grant them legal status.

Their cases underscore a contradiction in the Obama administration’s approach to immigration enforcement. Even though the president supports the Dream Act — which would provide a path to citizenship for illegal immigrants brought here as children who enroll in college or the military — his enforcement bureaucracy continues to pursue deportation cases against the increasing number of students who would be protected by it. It’s part of a push that is on track to remove a record 400,000 illegal immigrants this year.

“It highlights the inconsistencies in immigration policies,” said William Perez, a Claremont Graduate University professor and author of “We Are Americans,” a book about undocumented immigrant students.

Immigration authorities say they rarely deport students, particularly once their teachers, coaches, friends and elected representatives speak out on their behalf.

And this related story which gives “credit” for the sudden change of plans to DEMOCRAT Senator Richard Durbin.

Harvard student will not face deportation

Eric Balderas, a 19-year-old Harvard biology student who became an international celebrity last week after being arrested for being in the United States unlawfully, is no longer facing deportation to Mexico, officials said Friday night.

US Immigration and Customs Enforcement late Friday informed US Senator Richard Durbin, an Illinois Democrat who lobbied on Balderas’s behalf, that they would not pursue his deportation, said Max Gleischman, a spokesman for Durbin.

The soft-spoken Harvard sophomore’s arrest on June 7 as he tried to board an airplane back to Boston after visiting his mother in San Antonio triggered international outcry, support from Harvard officials, and a Facebook page with more than 5,500 people lobbying on his behalf.

Balderas’s friends and supporters cheered the news Friday night. His parents had brought him here from Mexico when he was 4 years old, and he was raised in San Antonio, where he was valedictorian of Highlands High School last year.

He had feared being deported to a country he barely remembered, and hoped to become a cancer researcher one day. Balderas could not be reached for comment late Friday night, after the decision was made.

“My reaction was hallelujah. I was just absolutely thrilled,” said his former history teacher, Jan Archer, in San Antonio. “It’s like somebody up there understands the situation and that he’s really a great person and the kind of people we want here in this country.”

ICE spokesman Brian P. Hale confirmed in a statement that Balderas had been granted deferred action, a discretionary authority that federal immigration officials can use to halt a deportation based on the merits of an individual’s case.

An official with the Department of Homeland Security, who requested anonymity because he was not authorized to speak on the matter, said it was not immediately clear how long Balderas’s deferred action would last. Homeland Security oversees the immigration agency.

Balderas will be allowed to stay in the United States for a period of time, apply for a work permit, and continue his studies at Harvard. He could apply to renew the deferred action when it expires, the official said.

In the past, ICE has delayed the deportations of college students and other young people such as Walter Lara, of Florida, a former college student from Argentina who won a temporary reprieve after a massive Internet-fueled campaign to prevent his deportation.

Balderas, who is spending the summer conducting research, was detained while trying to board an airplane in Texas using his Harvard student identification and his Mexican consular card. He had lost his passport from Mexico, and was ordered to appear in court for possible deportation.

His detention thrust him into the center of a national debate over illegal immigration. The Obama administration has pointed to his case and others as reason for Congress to create a path to legal residency for the estimated 12 million immigrants in the United States illegally, including hundreds of thousands of young people who were brought here as children.

But critics say it is unfair to allow people who broke the law to jump ahead of those who have waited for years to come to the United States legally. They say the struggling economy still needs to find jobs for people who are US citizens or legal immigrants.

In April, Arizona passed the most restrictive immigration law in the country, allowing police to question the immigration status of anyone they reasonably suspect is here without papers.

Last month, the Massachusetts Senate followed suit with a battery of amendments that sought to restrict illegal immigrants’ access to government benefits and other services.

In an interview on Thursday, Balderas appeared exhausted, tense, and fearful of being deported. After his arrest, he said, he felt helpless and even suicidal. He said he was grateful for the outpouring of support, but was eager just to work in the laboratory for the summer, and to return to his studies.

“I can’t wait until this is past,” he said. “I just like being down in the lab, doing my thing.”

Friends said he would likely continue his studies at Harvard and keep fighting for the Dream Act, proposed federal legislation that would allow immigrant youths in his predicament to apply for legal residency. Durbin is a co-sponsor of the Dream Act, which has been pending since 2001.

In San Antonio, his former government teacher, Martie Enriquez, sighed in relief that Balderas would not immediately face deportation, but she worried that his troubles may not be over.

“I think that it’s part of his nightmare is over,” she said. “But it’s not all over. He can take a breather for right now.”

Well, at least Tennessee has had their new immigration law signed by the Governor.