Arlington County Board Votes to Withdraw from Immigration Enforcement Program (Fairfax: how much, law)

[ajzjmsmom]

Originally Posted by CAVA1990

Actually it will include all immigrants here, legal or illegal, including those on TPS. This is why Arlington is trying to get out of it. They have a huge number of legal immigrants who could theoretically deported for any offense, not just the serious ones mentioned.

In regards to the TPS, one of the conditions when they are granted this status is that they are not criminals, so when they face time in a local jail then they should be deported. How hard it is to stay out of trouble? Until
you pointed this out I wasn't aware how widespread TPS was, asked a friend about it , the information he gave me was quite informative.

[Stephen 81]

At the risk of actually bringing the topic of discussion back to the OP's title, this was in today's Post:

washingtonpost.com

It looks like DHS needs to figure out what Napolitano meant when she said that a local jurisdiction opting out of the program had to notify its Assistant Director, if opting out is impossible.

[ajzjmsmom]

Originally Posted by Stephen 81

At the risk of actually bringing the topic of discussion back to the OP's title, this was in today's Post:

washingtonpost.com

It looks like DHS needs to figure out what Napolitano meant when she said that a local jurisdiction opting out of the program had to notify its Assistant Director, if opting out is impossible.

According to the article all this is between the FBI and ICE, not the local authorities and ICE.

Sounds as if the local authorities need to be in contact with the FBI. Although the suggestion that local authorities could not send fingerprints to the FBI would be met with a sound denial or I would hope. How many child molesters, rapists, murderer's are caught when they are apprehended on a traffic charge and their prints are run through the FBI database? I would assume quite a few.

IMO Napolitano's comments should be taken with a grain of salt, talk about someone being in over their head.

I still think it was stupid for Arlington to decide they needed to do this. Guess the researchers and lawyers missed something when they were researching this.

[Stephen 81]

Originally Posted by ajzjmsmom

IMO Napolitano's comments should be taken with a grain of salt, talk about someone being in over their head.

I still think it was stupid for Arlington to decide they needed to do this. Guess the researchers and lawyers missed something when they were researching this.

I have a hunch that the left hand of the federal government did not know what the right hand was doing. That seems likelier than the local governments and pro bono lawyers in Arlington, DC, and Santa Clara County (i.e. Silicon Valley) being incompetent.

[CAVA1990]

Originally Posted by ajzjmsmom

In regards to the TPS, one of the conditions when they are granted this status is that they are not criminals, so when they face time in a local jail then they should be deported. How hard it is to stay out of trouble? Until
you pointed this out I wasn't aware how widespread TPS was, asked a friend about it , the information he gave me was quite informative.

So what if it's someone who's been here legally since they were a small child and gets into a minor scrape with the law? Should they be deported back to a place where they have no ties and possibly don't even speak the language? You could be imposing a death sentence on a 19 year old busted for an underage alcohol violation.

[FairfaxGuy73]

Originally Posted by CAVA1990

So what if it's someone who's been here legally since they were a small child and gets into a minor scrape with the law? Should they be deported back to a place where they have no ties and possibly don't even speak the language? You could be imposing a death sentence on a 19 year old busted for an underage alcohol violation.

This isn't how the program works. I'm not saying that it would never be possible, just not now and highly unlikely in the future. From the Secure Communities web page:

The Solution:
Prioritize Enforcement Actions
Secure Communities is using a risk-based approach to prioritize enforcement actions involving criminal aliens. ICE is focusing efforts first and foremost on the most dangerous criminal aliens currently charged with, or previously convicted of, the most serious criminal offenses. ICE will give priority to those offenses including, crimes involving national security, homicide, kidnapping, assault, robbery, sex offenses, and narcotics violations carrying sentences of more than one year.
http://www.ice.gov/doclib/pi/news/factsheets/secure_communities.pdf (broken link)

If folks could perform a brief Google search before making claims, it would add quality to the threads.

[ajzjmsmom]

Originally Posted by CAVA1990

So what if it's someone who's been here legally since they were a small child and gets into a minor scrape with the law? Should they be deported back to a place where they have no ties and possibly don't even speak the language? You could be imposing a death sentence on a 19 year old busted for an underage alcohol violation.

If someone has been here legally since they were a child then why would they be deported back? Not understanding where you are going with this.

I would suspect for as much as Arlington wants this to happen, unless they are going to pick and choose who they fingerprint when arrested, there is no way to make it work. When one is arrested fingerprints are taken and run through the FBI's database, no matter where you are.

[ajzjmsmom]

Originally Posted by Stephen 81

I have a hunch that the left hand of the federal government did not know what the right hand was doing. That seems likelier than the local governments and pro bono lawyers in Arlington, DC, and Santa Clara County (i.e. Silicon Valley) being incompetent.

You could be right, but then again it just could be that folks got alittle ahead of themselves and jumped the gun before working out the legalities.

The only time ICE is called is when they are notified by local authorities that the fingerprints turned up a potential illegal, then ICE is sent in to conduct an interview. I am not even sure how often ICE actually shows up in an area like this, along the border towns sometimes it is the Border Patrol agents who takes care of issues like this.

[justtitans]

Originally Posted by CAVA1990

So what if it's someone who's been here legally since they were a small child and gets into a minor scrape with the law? Should they be deported back to a place where they have no ties and possibly don't even speak the language? You could be imposing a death sentence on a 19 year old busted for an underage alcohol violation.

Well if that person is 19 years old then they are old enough to become a legal citizen of this country. If their parents brought them over here with that risk then they should take the necessary steps to become citizens. If you come over here in those conditions then you should have an understanding of the danger you are placing by not doing things legally. As sad as that is, it would be the parents and the young person responsibility to take those precautions to prevent such a situation. If I didn't teach my children that stealing is wrong, should they be let out of jail for stealing at the age of 19 if I didn't teach them? A law is a law, and unfortunately it has harsh consequences, that's why we must do our best to obey them to prevent such an occurrence.

[CAVA1990]

Originally Posted by ajzjmsmom

If someone has been here legally since they were a child then why would they be deported back? Not understanding where you are going with this..

Originally Posted by meatkins

Well if that person is 19 years old then they are old enough to become a legal citizen of this country. If their parents brought them over here with that risk then they should take the necessary steps to become citizens.

Because under the law my understanding is that if they were to commit a crime these TPS residents can be deported. Also, as to the sanctimoniously delivered question above "why don't they just become citizens?", people here under TPS have no advantage over anyone else in gettting it. It's highly unlikely they could, even if they've lived here from the time they were a small child, which many around here have.