Loyola U Student Allegedly Murdered by Venezuelan Immigrant Who Illegally Entered US

I've criticized the brutal way that the Trump administration has enforced our immigration laws. Instead of targeted enforcement, even US citizens have been stopped simply because they look different. Moreover, until Kristi Noem was removed from DHS, even US citizens were killed and shot. Having said that, I acknowledge that we have had a problem with immigrants who have entered the country unlawfully and then committed crimes. 

Most recently, an 18 yo Loyola U student was allegedly shot and killed by a Venezuelan, who entered this country illegally and who was apprehended and released by Border Patrol. He later was arrested for shoplifting and released again. 

I have received criticism for failing to acknowledge these incidents and agree I should have drawn attention to illegals who engage in criminal activity, especially those who entered illegally.

Border Czar Announces Changes in Minneapolis Ice Enforcement

During a news conference on Wednesday, Border Czar Tom Homan has announced positive changes in tactics for immigration enforcement agents in the Minneapolis-St. Paul areas. I'd say they are positive changes.

First, focus will be on what are considered the "worst of the worst." He notes the recent arrest of 14 people with homicide convictions, 87 sex-offenders and 28 documented gang members. This is targeted enforcement as opposed to the sweeping raids under Gregory Bovino. The priority is what he calls "public safety risks."

Second, he acknowledged that state prisons and many county jails already do notify ICE of the impending release of an illegal immigrant. This corrects previous disinformation that prison officials refused to cooperate. There do remain some county jails who provide no cooperation, but they are under the control of county sheriffs, not state officials. 

Third, Homan will draw down about 700 law enforcement from Minnesota. This should help, alleviate the perception that these federal law enforcement agents are an occupying force. He conceded that previous tactics have been "less than perfect."

Fourth, local police chiefs have agreed to respond to 911 calls for assistance when protests get out of hand. 

Fifth, while acknowledging that people have every right to protest, observe and report official misconduct, protestors who interfere with and impede immigration arrests while be prosecuted. He noted the recent arrest of 158 people accused of impeding officers. 

Sixth, he noted that all immigration enforcement in Minneapolis will wear body cams.

Overall, I am pleased with what he calls "smarter enforcement, not less enforcement."

Local Republican Immigration Lawyer Condemns "Sanctuary" County Designation of Lehigh, NorCo

On Friday, I told you that President Donald Trump's Department of Homeland Security has designated both Lehigh and NorCo among 500 or so "sanctuary" jurisdictions. This label means that both counties will be denied any grants administered by the US Dep't of Justice. That's just the start. Two of Trump's edicts make clear he intends to withhold all federal funding from these local governments. 

What astonishes me most about this designation is that it follows US Rep. Ryan Mackenzie's factually and legally challenged complaints in a Congressional hearing about undocumented immigrants who appear before NorCo's courts. His politically motivated diatribe is designed to damage NorCo Exec Lamont McClure, who at this moment appears to be the leading contender for the Democratic nomination in next year's Congressional race. But he does a disservice to Lehigh Valley residents who will be harmed far more by a cut in federal funding than they would ever be by some poor bastard who is tryng to provide for his family without the right "papers."

My Friday post resulted in numerous anonymous comments, many of which were completely unrelated to the topic. I declined to publish a few for that reason. But I will post a remark made by highly regarded immigration lawyer Ray Lahoud. His webpage includes a very useful summary of the changes Trump has already made. He notes they are "significantly altering U.S. immigration policy by enhancing border security, redefining citizenship criteria, and implementing drastic changes to asylum processes." Some of these changes, especially enhanced border security and the expedited removal of criminals, are undoubtedly popular. But some of his other changes, like the denial of birthright citizenship or refugee status, are far more questionable. Moreover, ICE, the agency that enforces Trump's agenda, is clearly overzealous. They act more like jack-booted thugs rounding up Jews in 1930s Germany than federal agents.   

Lahoud is incidentally a Republican. Here's what he has to say, on his Facebook page, about the designation of the Lehigh Valley's two counties as "sanctuary" counties:

Fact: Northampton and Lehigh Counties are complying with federal law. 

Fact: This list is absurd. 

Fact: U.S. Congressman Ryan Mackenzie is responsible for adding NorCo and Lehigh Counties to this “list.” 

Fact: Mackenzie does not understand the law on detainers/administrative warrants. 

Fact: The Counties will lose necessary federal funding because of this “list.” 

Fact: Ryan Mackenzie’s misinformation on the issue will be the sole reason for the loss of millions in federal funding for his constituents. 

Fact: Ryan Mackenzie’s misinformation on this issue clearly establishes that he does not care about his constituents.

Northampton County has also issued this news release:

"Northampton County reaffirms its unwavering commitment to the rule of law and the constitutional principles that govern our Nation. We recognize and respect the Federal Government’s essential role in enforcing immigration laws. That is precisely why Northampton County fully cooperates with U.S. Immigration and Customs Enforcement (I.C.E.), in strict accordance with both the Pennsylvania Constitution and the United States Constitution.

"We believe that undocumented individuals who commit crimes should be deported. That is why we go well beyond what most jurisdictions do: Northampton County honors I.C.E. immigration detainers for up to 48 hours. This is a significant and proactive measure, underscoring our commitment to both public safety and lawful cooperation.

"However, the law is clear, local governments are not required to enforce federal immigration laws. Despite this, Northampton County remains transparent and cooperative. We inform I.C.E. of the date and time of release for any undocumented person under our custody, and are willing to coordinate releases at I.C.E.’s convenience.

"Importantly, when an individual has been ordered released by a judge of the Court of Common Pleas of Northampton County, our policy, consistent with constitutional due process, requires I.C.E. to obtain a judicial order before remanding that individual into federal custody. I.C.E. is fully aware of this legal requirement, yet routinely refuses to seek the constitutionally mandated court order. The refusal to follow due process lies not with Northampton County, but with I.C.E.

"The recent inclusion of Northampton County on a politically motivated list criticizing local jurisdictions is a blatant distortion of fact and a transparent act of partisan grandstanding. It is a smear rooted not in law or logic, but in naked MAGA politics."

"Northampton County will continue to uphold our responsibilities under the law, honoring our Constitution, protecting our community, and rejecting attempts to politicize public safety.  Video footage of release and arrests are available upon request."

Northampton County Council and Lehigh County's Board of Commissioners should call on US Rep. Mackenzie to use the same influence he had in seeing that the counties he represents are targeted for denial of federal funding to ensure that the ridiculous designation of these two counties as sanctuaries is withdrawn.

In the meantime, DOJ grants to local law enforcement will stop. So if anyone has jeopardized the public safety of Lehigh Valley residents, it is Ryan Mackenzie and Donald Trump. not someone who has overstayed his visa.  

McClure Explains How Venezuelan Immigrant Was Picked Up By ICE

Last week, ICE officials picked up a suspected Venezuelan gang member on his release from NorCo's jail after serving a misdemeanor sentence of 3-6 months for a sexual offense related to a person under 16. This Venezuelan is in this country illegally and is subject to deportation. According to The Morning Call, an ICE news release claimed that an immigration detainer, which is essentially a request that they be notified 48 hours before someone is released, was ignored. 

Executive Lamont McClure explained at last night's NorCo County Council meeting last night what actually happened. "I believe that an undocumented person who also commits crimes, if ICE wants them, to deport them, they should be able to deport them. He said the county devised a procedure in which it will hold an undocumented immigrant for 48 hours after the sentence is served to give ICE an opportunity to determine if they want to take an undocumented criminal. The county will hold the immigrant an additional further 48 hours if ICE obtains a warrant signed by a federal magistrate. "If they don't have that, they are released at the date and time they're released, and ICE can pick them up on the corner." He added that "people who are here unlawfully and commit crimes should be deported, but there are also constitutional limitations." 

Trump Incorrectly States Dems Give Illegals Right to Vote

The Weekly Standard, a conservative publication, debunks Authoritarian Donald Trump's claim that Dems are trying to give illegals the right to vote. It is illegal for undocumented immigrants to vote in  federal election, but in some communities, they are allowed to vote in school board or municipal races.

I find it troubling when a President of the United States is so reckless with the truth. 

He also incorrectly stated that you need ID to go grocery shopping, proving that is something that he himself has never done.

Updated: Morganelli to Trump: Adopt DACA as Stand Alone Act

Northampton County District Attorney John Morganelli, who is also running for the Democratic nomination to Pa.'s 15th Congressional District, is calling on President Donald Trump to support DACA legislation without conditions and as a stand-alone bill.

DACA, or Deferred Action for Childhood Arrivals, is an immigration program adopted by President Barack Obama in 2012. He did so by executive order after the House refused to bring the matter up for a vote. It protects 800,000 "dreamers," who Morganelli described as "individuals who entered this country through no fault of their own. They were too young to make their own decisions."

To qualify for DACA protection, dreamers must be able to meet these minimum standards:

- Came to the United States before their 16th birthday
- Have lived continuously in the United States since June 15, 2007
- Were under age 31 on June 15, 2012 (born on June 16, 1981 or after)
- Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS
- Had no lawful status on June 15, 2012
- Have completed high school or a GED, have been honorably discharged from the armed forces, or are enrolled in school
- Have not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety

Trump, who during his campaign had vowed to end DACA on "day one" of his presidency, ended it in September. But he suspended his Order for six months to "provide a window of opportunity for Congress to finally act." According to Department of Homeland Security Chief Kirstjen Nielson, Trump has no authority to grant any extension beyond March 5.

Morganelli, no friend to illegal immigration, distinguished dreamers from aliens who illegally enter this country to carry on a life of crime, not work. He said immigration resources should be focused on "removing dangerous foreign criminals," not dreamers.

He said Trump "is wrong in using these dreamers as hostages and human pawns in a chess match with the Democrats."

Morganelli, however, is opposed to forcing a government shutdown over this issue. He said that DACA supporters could find leverage in other ways.

Updated 8:25 pm: Below is John Morganelli's complete statement.

John Morganelli Supports DACA by BernieOHare on Scribd

Cartwight Joins Dent to Take Aim at Sanctuary Cities

 Though they are on different sides of the aisle, Matt Cartwright joined Charlie Dent yesterday to support two measures - No Sanctuary for Criminals Act (HR 3003) and Kate’s Law (HR 3004) - that tighten the grip against criminal behavior by  people from foreign countries who are here illegally. Both measures passed the House, but their future in the Senate is far less certain. .

“No American family should have to face the horror and devastation that was faced by the Steinle family when their daughter, Kate, was killed by a repeat-offender felon who had been previously deported,” said Dent. “Likewise, American families should not be put at risk because their city or town has told local law enforcement officials not to cooperate with Immigration and Customs Enforcement (ICE) or other federal agencies. Both H.R. 3003 and H.R. 3004 promote sensible actions to address such public safety concerns. Measures such as these will seek to prevent tragedies like Kate’s murder and ensure that violent individuals are not free to roam the streets of our communities.”

The No Sanctuary for Criminals Act  (H.R. 3003) enhances public safety by clarifying the detainer authority of ICE and providing legal protections for jurisdictions that properly comply with such detainers. Additionally, the bill would withhold certain federal grants from jurisdictions that refuse to allow their law enforcement personnel to communicate with ICE.

H.R. 3003 also contains provisions that would require the detention of unlawful immigrants who are convicted of serious crimes. These provisions are referred to as Sarah and Grant’s Law, in memory of Sarah Root and Grant Ronnebeck. Both were killed by individuals unlawfully in the country. Tonight, H.R. 3003 passed by a vote of 228 – 195.

Kate’s Law (H.R. 3004)  is named in memory of Kate Steinle. In 2015, Kate was viciously murdered in San Francisco by an unlawful immigrant who had previously been convicted of multiple felonies and deported five times. H.R. 3004 substantially increases the criminal penalties for deported individuals who re-enter the country and who have been convicted of previous crimes, ranging from misdemeanors to felonies. H.R. 3004 passed the House by a vote of 257 – 1.

We Are To Blame For The Surge of Unaccompanied Foreign Children

On Sunday, the local tea party established its complete disregard for children by conducting a boisterous protest at the doorstep of Salisbury Township's KidsPeace, a facility that houses children who already have enough troubles. American children, by the way. In addition to this child abuse, they donned surgical masks and carried signs saying things like "Illegal Mestizos are Bringing in Leprosy and Scabies". They are playing to our base instincts. But why are those children here? Are they hear to steal jobs? Is it because President Obama wants to recruit more Democratic voters, as some of these fear mongers suggest?  According to four-star Marine General John Kelly, who heads up the U.S. military's southern Command, it's our fault. Those Central American children are running for their lives and away from the drug wars fueled by our own appetites.

Mary O'Grady, in What Drove The Children North, sums up General Kelly's views:

In a July 8 essay in the Military Times headlined "Central America Drug War a Dire Threat to U.S. National Security," Gen. Kelly explains that he has spent 19 months "observing the transnational organized crime networks" in the region. His conclusion: "Drug cartels and associated street gang activity in Honduras, El Salvador and Guatemala, which respectively have the world's number one, four and five highest homicide rates, have left near-broken societies in their wake." He notes that while he works on this problem throughout the region, these three countries, also known as the Northern Triangle, are "far and away the worst off."

With a homicide rate of 90 per 100,000 in Honduras, and 40 per 100,000 in Guatemala, life in the region is decidedly rougher than "declared combat zones" like Afghanistan and the Democratic Republic of Congo, where the general says the rate is 28 per 100,000.

How did the region become a killing field? His diagnosis is that big profits from the illicit drug trade have been used to corrupt public institutions in these fragile democracies, thereby destroying the rule of law. In a "culture of impunity" the state loses its legitimacy and sovereignty is undermined. Criminals have the financial power to overwhelm the law "due to the insatiable U.S. demand for drugs, particularly cocaine, heroin and now methamphetamines, all produced in Latin America and smuggled into the U.S."

Gen. Kelly agrees that not all violence in the region is linked to the drug trade with the U.S., but "perhaps 80% of it is." That's because of the insidiousness of the vast resources of kingpins. It's "the malignant effects of immense drug trafficking through these non-consumer nations that is responsible for accelerating the breakdown in their national institutions . . . and eventually their entire society as evidenced today by the flow of children north and out of the conflictive transit zone."

That migrant children are drawn to the U.S. when they decide to flee may very well have to do with the fact that they believe they will be able to stay because of an asylum law for children passed in 2008 during the presidency of George W. Bush. But refugees from the Northern Triangle are seeking other havens as well. According to Marc Rosenblum of the Migration Policy Institute in Washington, from 2008-13 Honduran, Guatemalan and Salvadoran applications for asylum in neighboring countries—mostly Mexico and Costa Rica—are up 712%.

Gen. Kelly writes that the children are "a leading indicator of the negative second- and third-order impacts on our national interests." Whether the problem can be solved by working harder to bottle up supply, as the general suggests, or requires rethinking prohibition, this crisis was born of American self-indulgence. Solving it starts with taking responsibility for the demand for drugs that fuels criminality.

I realize these facts are not what the tea party wants to read, so I expect them to ignore it.

DA Slams Driver Licenses For Undocumented Immigrants

DA John Morganelli

Easton City Council and Mayor Sal Panto have unanimously adopted a nonbinding resolution calling for state legislation that will make it possible for undocumented immigrants to obtain driver licenses. Northampton County District Attorney John Morganelli called a news conference on June 2, calling on other municipalities to ignore what he calls a "bad public policy".

Calling the actions of Easton "misguided and uniformed," he chided its Council and Mayor for failing to seek input from the law enforcement community. He called it a "spur of the moment" decision that was passed without much thought.  "[T]he fact is that this kind of initiative is an invitation to terrorists and criminals to come to your jurisdiction," he elaborated.

Driver licenses for undocumented immigrants are currently only available in a handful of states. It started in New Mexico in 2009, but Governor Suzanna Martinez is leading an effort to repeal the law on the basis that it leads to fraud, human trafficking and organized crime. Seventy-two percent of New Mexico voters were opposed to this law in a 2010 survey. According to Morganelli, New Mexico has become a magnet for illegal immigrants who have moved there from as far away as China, just so they can get a driver license.

According to Easton Mayor Panto, many undocumented immigrants came here legally, but stayed after their visas expired. He added that the "vast majority" of them are "good people who work hard to provide for their family." But at his news conference, Morganelli noted the resolution Easton passed would grant driver licenses to the "vast majority" as well as criminals and terrorists.

Morganelli agreed that undocumented immigrants who came here as children might be entitled to relief. But that is a federal matter, not something for Easton City Council or even Northampton County, according to the DA.

"Local municipal government should not attempt to influence public policy in an area outside of their responsibility and which could have dire consequences and unintended results for law enforcement's responsibility to protect the public," he concluded.

Morganelli is a long-time opponent of what he calls illegal aliens. But at yesterday's news conference, he conceded their number is shrinking, primarily because of the economy.

Blogger's Note: As John knows, I have never shared his views concerning undocumented immigrants. I understand the concern about terrorists and real criminals, but I think even he would agree that most of them are here for economic reasons. Not having a driver's license means they are basically forced to drive illegally. This means that if there's an accident, there's no insurance. How does that help us? In addition, the children of undocumented immigrants who were born abroad should not be forced to suffer for their parents' sins. But I buy the "magnet" argument. And I'll also agree that the solution, if it ever comes at all, must come at the federal level. I'm not holding my breath.

Does the LV Care About Immigration Reform?

Att'y Jose Campos is hopeful that the Senate will finally act

If the audience at Lehigh University's Zoellner Arts Center is any indication, the Lehigh Valley does care about immigration reform. Pennsylvania may be no border state, but 16.1% of this area's 650,000 population is now Hispanic. So on a hot Summer night, over forty people attended a June 24 screening of Davis Guggenheim's emotional The Dream is Now documentary, which advocates for what is called the Dream Act. Following this 30-minute movie, prominent immigration attorneys Jose Campos, Ray Lahoud and Kevin Santos shared some local war stories of what they see daily.

Their consensus? The system is broken.

This event was sponsored by Organizing For Action (OFA). That's a nonpartisan nonprofit, but is closely connected to President Obama's political agenda. Audience members were asked to contact Senators Pat Toomey and Bob Casey about the importance of fixing "America's broken immigration system."

Att'y Ray Lahoud is himself the son of Lebanese immigrants

Filmmaker Guggenheim has played a role before in making documentaries that help shape public opinion. The Inconvenient Truth, about global warming, and Waiting for Superman, about failures in public education, are two of his more controversial films.

The Dream is Now follows the lives of several young people who excelled in high school, only to learn that their own dreams were becoming nightmares because they are the children of undocumented aliens. Under our current immigration system, the sins of the parents are visited upon the children. Without citizenship or a social security number, "they are stuck in limbo."

As a result, a young man named Jose, who has a degree in Mechanical Engineering, spends his days as a stucco mason. His diploma collects dust despite a shortage in his profession..

Another high school overachiever committed suicide.

The remedy to this tragedy is the DREAM Act, first introduced in 2001. It provides a citizenship path for the children of undocumented aliens. Senators Ted Kennedy and John McCain, who sponsored the original bill, fell a few votes short in 2005. Renewed efforts in 2010 were still five votes shy in the U.S. Senate, despite a CBO report showing that it would reduce the deficit by $2.2 billion over the next ten years.

After the Senate vote, talking head Glenn Beck taunted, "No way, Jose."

As Guggenheim poetically explains,

When we get close, voices on the fringe get louder and the same images come. It's nothing new for us. Pick a moment in history, and you can always find an invading race. The Chinese, the Jews, the Irish, the Italians. There is always a new Other we are told to fear. And consistent throughout the struggle, is the battle between our very worst instincts, and our very best. That this Other has become Us. And they've always made Us better.

President Obama reacted to Congress' failure, in June 2012, with "DACA" (Deferred Action for Childhood Arrivals). This provides work permits for undocumented young people who came to this country as children, pose no threat to national security, and have pursued education or military service.

Att'y Kevin Santos worries about 40,000 Border Patrol Agents  

In addition to President Obama's Executive Order, the nation's growing Hispanic population responded forcefully in the presidential election. They made up ten per cent of the turnout, and 71% of them voted for Obama.

As a result, political winds are shifting. "Believe it or not, I see some glimmer of bipartisanship out there," notes Senator McCain.

A new Dream Act is scheduled for vote in the Senate, possibly as soon as this week. As a prelude, a new border security law just cleared the Senate. It provides for 20,000 new border patrol agents, the completion of a 700 mile fence next to Mexico, as well as the expanded use of radar and drones.  

While that political weathervane changes direction, deportations are actually increasing. They are 50% higher under President Obama than they were under President Bush. Part of the documentary chronicles the plight of two children whose mothers were torn away from them. Public sentiment against Immigration became so overwhelming that federal authorities were embarrassed into changing course, in one case stopping a bus that was deporting a mother to Mexico.

"The whole country mobilized and stopped the bus," claimed Erika Andiola, daughter of one of these mothers.

Erika's dream is medical school. Will it come true? That depends on her ... and Congress.

When Home Countries Refuse to Accept Deported Aliens

American courts have ruled that the federal government cannot legally hold criminal aliens in custody for longer than six months following their sentence of imprisonment if their home country refuses or unreasonably delays reentry, unless the individual is proven to be “specially dangerous.” As a result, more than 17,000 convicted criminals have been released in our communities because their home country refuses or delays repatriation.

LV Congressman Charlie Dent last week introduced legislation (H.R. 1156, the Accountability in Repatriation Act) to get tough with hoe countries refusing to accept convicted and deported aliens.

Dent’s bill requires quarterly reports to Congress listing the countries that refuse or unreasonably delay repatriation, including information on the total number of criminal aliens in the United States. To encourage cooperation, the Secretary will have the power to deny immigrant and non-immigrant (or diplomatic) visas to citizens and residents of the offending country. Under H.R. 1156, the Administration retains the authority to exercise diplomatic flexibility with an affected nation in order to protect American interests.

“It is simply unacceptable for a country to deny or delay its own citizens’ reentry after they have been scheduled for deportation, including those who have been convicted of a crime,” Dent said. “By applying pressure on foreign nations to act responsibly, H.R. 1156 is an appropriate first step to reversing this objectionable practice that drains federal resources. Furthermore, the United States can no longer continue to release criminals who face deportation into our communities, where they jeopardize the safety of American citizens.”

According to 2009 figures provided by ICE, eight countries, including Laos, Iran, Eritrea, Vietnam, Jamaica, China, India, and Ethiopia are currently refusing or unreasonably delaying the repatriation of over 147,000 aliens – increased from 139,000 in February 2008.

Essex County Site of New Federal Detention Center

After taking a lot of heat from Slate Belt NIMBYs opposed to a private detention center for illegal immigrants, Northampton County Council changed course in November, withdrawing even its limited support.

Federal officials have now decided to do business with Essex County, N.J.

DREAM Act: Nightmare on Elm Street to Charlie Dent

Earlier this week, U.S. House narrowly passed (216-198) the DREAM Act, which is aimed at making it easier for two million young-adult children of illegal aliens to gain citizenship. Democratic Senators tabled a vote, making its fate there uncertain.

Convinced this is nothing more than a back-door amnesty bill, Dent voted against the measure.

“Our nation’s immigration system needs considerable review and is desperate for modernization. However, immigrant families from all over the globe journey to the U.S. to lawfully pursue a new life in America,” Dent explained in a news release. “Congress must not reward illegal entry into the United States with the promise of amnesty.”

“I am frustrated the only bill brought before the House in the 111th Congress regarding immigration overlooks the serious problems we are experiencing on our borders,” Dent continued. “Instead, the DREAM Act creates a new program for millions of undocumented aliens. I am particularly frustrated that certain conditions in this legislation will permit unauthorized aliens to compete with Americans citizens for federally-subsidized higher education programs.”

In its favor, as noted by LVI, the bill does impose education or military service requirements. But guess what? The Department of Homeland Security (DHS) has the discretion to waive these criteria. These undocumented students would also be allowed to compete against American-born, as well as naturalized American students, seeking federal loans and work-study programs.

“Again, I am concerned Congressional leaders are advancing veiled amnesty bills through the legislative process while our borders remain porous,” Dent continued. “Rather than focusing our attention on imprudent proposals like the DREAM Act, Congress must be working to restrict illegal entry into the United States.”

The Congressional Budget Office (CBO) has indicated that while the bill may initially produce marginal savings, the legislation could add between $5 to $20 billion to the national deficit between 2021 and 2061.

All children deserve a future. But I think our children should be given preference, especially when it comes to federal loans and work-study programs.

Slate Belt Detention Center Meeting Tonight!

Tonight, at 6 PM, there will be an open forum about a possible Slate Belt detention center for over 2,000 illegal immigrants. This meeting will be hosted by GEO, which calls itself "a leader in the delivery of private correctional and detention management."

At a time when we have 10% unemployment, this proposal will generate 350 union construction jobs and 500 detention workers with salaries equivalent to those of police officers. In the economically depressed Slate Belt. On the other hand, the ACLU's Emma Cleveland has warned that private prisons like GEO generate human rights abuses, and it's net to impossible to track them because the Freedom of Information Act has no application to a private business.

Cleveland has set up a Facebook group, Coalition Against the Prison in Mt. Bethel. It's billed as a "group made up of concerned citizens," but it would be more honest to describe it as an ACLU-led effort.

But there are some very real concerns about private prisons, especially those housing illegal immigrants. They were detailed yesterday on NPR's Talk of the Nation. Because crime has flat-lined in the U.S., private prison corporations look at housing illegals as their new growth industry. They donated heavily to the Arizona legislators who recently enacted their new illegal immigration law.

ACLU Warns Against Private Slate Belt Detention Center

"You're pushing 10% unemployment. I'd like to help you solve that problem."

That's the argument made by GEO, the largest provider of corrections and mental health facilities in the world, in support a self-contained detention center for 2,200 immigrants facing deportation. Because of its proximity to New York, Newark and Philadelphia, the slate belt is considered an ideal location. A privately run facility will produce 350 local construction jobs and another 500 detention jobs for people facing deportation. But at Northampton County Council's November 4 meeting, the ACLU's Emma Cleveland cautioned against any private facility for immigrants.

Council President Ron Angle told Cleveland that "we have no say here, whatsoever, as to whether that detention center goes in Upper Mount Bethel Township."

But Cleveland told Angle that County Council had already submitted a proposal for a detention center, "so you have taken a position." Angle acknowledged that the County has laid the groundwork to act as an intermediary for such a facility, similar to what exists in other Counties, but takes no position endorsing a specific location or proposal.

"The ACLU of Pennsylvania has taken a position in opposition to a private immigrant detention center because we're concerned about the large amount of civil rights abuses," said Cleveland. She added that civil rights abuses, including rape and murder, occur with greater frequency at privately run facilities.

She also complained that there wold be no immigration courts in these facilities, but Angle corrected her, stating that GEO had advised there would be courts.

"I'm curious how you all know this because the public does not know this, and I'm a member of the public," argued Cleveland. "Actually, it was discussed at the public meeting," answered Council Solicitor Phil Lauer. "They referred to two courtrooms."

Cleveland also complained that private facilities are under no obligation to respond to Freedom of Information or Right to Know requests.

"Whether you committed a crime by crossing the border, it's actually an administrative violation, you still shouldn't be raped and you should have that information."

In response to questioning from Council member Lamont McClure, Cleveland listed murders, suicides and riots at GEO facilities. "They do not have a good track record. The federal government does a better job."

GEO has submitted no formal proposal to any municipality, but will conduct an open forum about a potential slate belt detention center at Bangor Area Middle School on November 10, 6 PM.

DA Morganelli Blasts Illegals, "Liberal-Minded" Parole Board, at LV Tea Party

He was playing to a large and friendly crowd.

I arrived at Friday night's monthly LV Tea Party meeting just in time to hear Northampton County DA and Fear Monger John Morganelli warn a 300-plus crowd that a "tidal wave" of illegal aliens is coming our way. He was singing that song four years ago, so it must be an awfully slow tsunami.

According to a Pew Hispanic Center study, the number of illegals has actually dropped in this country by nearly a million. No jobs. They're illegals, not stupid.

But to hell with facts. Morganelli made points with tea drinkers by slamming both Bush and Obama for lacking the "political will" to do anything about this problem. Morganelli incited the crowd with accusations of "a number of sexual assaults by illegal aliens. They should not be here. ... No one wants to do what has to be done."

What's that? The final solution?

The DA claims they're everywhere, kinda' like bed bugs. "Go to any job site and you'll see people who are not home grown Americans."

Blame the Statue of Liberty! The damn French gave us that.

I wonder what "home grown Americans" look like. Didn't we kill most of them? Well, I'm not too worried. My grandson has lots of Hispanic friends. Most of them are much worse that illegals - they're Puerto Rican. But they like me and even gave me a nickname - Apestoso Pedo. Sounds impressive, right? Whenever I mention this to Spanish-speaking people, they start laughing right away.

It's probably my accent.

On a roll, Morganelli jumped from illegals to demanding that parole be abolished for rape, murder and other violent crime. He noted Governor Ridge's parole boards required violent offenders to serve 80% of their sentence before considering parole, but Rendell has "filled the parole board with liberal-minded people."

He points to quadruple-murder suspect Michael Ballard as an example of what happens when someone is unleashed too soon. "These guys are getting out of prison sooner and sooner."

John brought the crowd to its feet a few times as he played them like a violin. As he left, I thought how senatorial he sounded.

Just like Senator Joe McCarthy.

Is he grooming himself for Corbett's job again?

Morganelli Picks Up Questionable Endorsement in AG Race

Northampton County DA John Morganelli picked up the Express Times' endorsement for AG yesterday. "His ability to find solutions to tough crime-related problems will re-energize the AG's office."

Today, he's picked up another endorsement, this time from Pennsylvanians for Immigration Control and Enforcement. I'm not sure he wants that one. That group proudly links to Pennsylvania Minutemen, a scary outfit. . According to the Southern Poverty Law Center, both of these are "'nativist extremist' organizations, meaning that they target individual immigrants rather than immigration policies."

Browning: Let Feds Pay to Jail Undocumented Immigrants

Lehigh County's Department of Corrections last year incarcerated 151 illegal aliens for a total of 1,718 days. Historically, the Federal government - through the State Criminal Alien Assistance Program (SCAAP) - has reimbursed counties seventy percent of the costs for housing these individuals in local correctional institutions.

But President Bush has repeatedly proposed to stop funding this program, and his latest budget will force counties like Lehigh and Northampton to bear these costs themselves. That's not going over too well with budget hawks like Commissioner Dean Browning.

"Our current budget is around $400 million. Three-quarters of that is pass through money. The rest is tax dollars. About sixty per cent of that goes to 'law and order' issues. That is one of the basic functions of Lehigh County government. ... If the Federal government is not going to live up to its responsibility and return these illegals to their country of origin, it is unfair to ask Lehigh County residents to pay to house them."

It might surprise Dean to learn that liberal Sen. Charles Schumer (D-N.Y.) says much the same thing. "It's not fair for local authorities to foot the bill for incarcerating undocumented immigrants convicted of crimes."

Browning persuaded all commissioners to adopt a resolution that "urges the Lehigh Valley Federal delegation to initiate efforts to reinstate the State Criminal Alien Assistance Program (SCAAP) and to expand that program to reimburse local facilities 100 percent of the costs of incarcerating illegal aliens, and to also include reimbursement for the cost of prosecution by local governments."

Commissioner Bill Leiner, a Democrat, stated he was "humbled" by the bipartisan support for this initiative. Chairman Percy Dougherty was quick to agree, but cautioned that "no one should misconstrue this as coming down hard on illegal aliens. This is another example in which the federal and state governments are shirking their responsibilities."

The Senate has approved a budget amendment that reinstates this funding, but a conference committee of both House and Senate will make the final decision.

Did Superior Court Judge Stevens Cross the Line?

When I told you about Superior Court Judge Corry Stevens on Monday, I mentioned that he is unafraid to voice opinions, even on hot-button, political issues. That certainly makes him different from most judges. He does have one powerful ally, Supreme Court Justice Max Baer. "I think you have a right to know what I feel, what I believe in, who I am."

Yesterday, Stevens joined forced with other foes of illegal immigration, including our very own John Morganelli. They want new state laws or something. Needless to say, lots of folks are outraged that a judge would dare state his views.

Capitol Ideas' John Micek tells us Stevens may have gone too far. "Once legal ethicists and others picked their jaws up off the floor, they said Stevens, 60, probably went sailing over the line with his public comments."

But did he?

In 2002, the U.S. Supreme Court ruled that a judicial candidate has a first amendment right to speak out on issues that might come before the court. Pennsylvania thereafter relaxed judicial canons, allowing candidates to “announce” views on disputed legal or political issues. It still prohibits statements that “commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court.”

Even in this watered down version, this canon has been enjoined by a federal district court. It is unenforceable.

That's why Stevens can speak, and we are the beneficiaries. Tim Potts at Democracy Rising has stated this injunction "means [judges] will be able to respond to a lot more issues than in the past. As long as we're going to have elections, they ought to be meaningful. Public confidence in the courts is [already] abysmally low."

Philadelphia lawyer Robert Nix, who just happens to chair the state Republican Hispanic Coalition, is among those outraged, and he intends to file a complaint with the Judicial Conduct Board.

Good luck with that one, Bob.

Now don't get me wrong, I get queasy when I hear undocumented workers scapegoated as the cause of all our problems. I disagree completely with both Stevens and Morganelli. But I think it's important that voters know who they're voting for, and I give Stevens credit for opening up.

Update: Stevens Defends Capitol Appearance. - In today's Hazelton Standard Speaker, Judge Stevens defends his appearance at a capitol press conference on Monday. Here's his explanation.

Kindly note I would like to clarify my visit to the Capitol on Monday, which was the result of an invitation to a press conference concerning the release to the public of a report on crimes committed and allegedly committed by people in the country illegally.

My comments were confined to a federal constitutional issue: federalism. In response to citizen complaints about the federal policy of non-enforcement of immigration laws, I suggested a possible solution would be to amend the federal immigration law to allow local governments to enforce the law.

Specifically, I spoke about providing due process rights in that county courts would be empowered, but not required, to hold deportation hearings. Thus, local communities which have serious problems with illegal immigration would have the tools to enforce laws that are already on the books.

Some present have chosen to characterize the event as some type of “rally” and have criticized me for being there.

Under current law, judges are permitted write, lecture, speak, even attend legislative hearings on just about any subject. I explained the rules and my reason for being present, and confined my remarks to the issue of sharing enforcement powers. As a former legislator, district attorney and trial judge, I was careful not to discuss anything involving the Pennsylvania legislature or executive branch.

Interestingly, even if the event were a “rally”, I would still have been able to attend and speak.

For example, all judges running for the open seats and the retention seats have appeared at “partisan” functions, namely the Democrat and Republican State Committee meetings.

And at those meetings speakers occasionally criticize the other political party, that’s part of our governmental process. By the judges being present, or even sharing the dais with those speakers, it doesn’t mean the judges are supporting or endorsing what is said. There are no prohibitions from those judges being present at the political party gatherings or even from speaking at those gatherings, in a year when those judges are up for election.

I can certainly understand that there is room for disagreement on the merits of what I said, the issue of federalism and allowing local governments more enforcement powers.

What concerns me is that there is the appearance now, from the news reports, that I had no right to discuss a federal constitutional issue not in any way before my court. I have always been sensitive to the need for judges to be fair and impartial in fact and in perception and will remain so.

Thank you,

Correale Stevens
Judge, Superior Court of PA

The Original Illegal Immigrant

Native American: "Do I smell pizza?" Christopher Columbus: "Isn't this India?"
I don't think they were speaking English. Happy Coumbus Day!