â??ICE Agent Suspended for Arresting Illegal Alienâ??

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Hi Gang:
Today my commentary, that is predicated on my article for the CAPS (Californians for Population Stabilization) website, focuses on how a veteran ICE (Immigration and Customs Enforcement) is now facing suspension as an agent for arresting an illegal alien and one who was an associate of a wanted criminal alien and had had numerous scrapes with police as well!
Apparently President Obama’s use (misuse?) of prosecutorial discretion also has extreme implications for law enforcement personnel who seek to live up to their oaths of office as law enforcement officers!
On June 17, 2012 Fox News Latino posted my Op-Ed entitled:

On July 28, 2012 Fox News Latino posted my Op-Ed entitled:
As an INS (Immigration and Naturalization Service) Special Agent, I often sarcastically remarked that the time would come when our superiors would give us a modified version of the “Miranda Warning” telling us that anything we did could and would be used against us!  Apparently my concerns were justified!
When you read the circumstances surrounding the case in question you will see that the agent who is now facing suspension acted reasonably- telling his superiors that the alien he had encountered should be held for a hearing before an Immigration Judge to permit the judge to make the proper decision.  Apparently the use of prosecutorial discretion to enable to administration to circumvent the legislative process has implications where the judicial process is concerned, as well!
We are constantly reminded that we are a “Country of laws.”  Perhaps not so much!
Check out my commentary for CAPS below and decide for yourself!

First and foremost, our immigration laws were enacted to accomplish two fundamental and critically important missions- to protect American lives and protect American jobs!
Immigration is not a single issue but a singular issue that impacts nearly every challenge and threat confronting the United States today!

If our government’s failures to protect American jobs by securing our nation’s borders and effectively enforcing our immigration laws concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation! 

All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!

-michael cutler- 

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http://www.caps-blog.org/articles/2012/08/09/ice-agent-suspended-for-arresting-illegal-alien/

“ICE Agent Suspended for Arresting Illegal Alien”

Generally people get into trouble on their jobs when they refuse to do what they are paid to do.  However, on August 2, 2012 Fox News ran a story titled “ICE Agent Faces Suspension For Arresting Illegal Alien.” Here we have the incredible story about an employee of ICE (Immigration and Customs Enforcement) who is in trouble for doing his job!

According to published reports about this deplorable case, the agent, who has worked for ICE for 18 years and has also served in the United States military, ran afoul of his superiors at ICE when he participated in a surveillance of a vehicle believed to be owned by a criminal alien who was to be arrested so that he could be deported (removed) from the United States.  The idea was to hopefully find the wanted alien when he showed up to drive his vehicle.

During the course of the surveillance an individual entered the vehicle.  He was stopped by the agents and it was subsequently determined that the driver of the vehicle was not the criminal alien for whom they were searching but a 35 year old citizen of Mexico who was an alien illegally present in the United States.

There is an old adage that says, “Show me your friends and I will tell you who you are.”  The illegal alien in this case has a demonstrable relationship with a wanted criminal alien (he was driving the car that was purportedly owned by that criminal alien).  Furthermore, he reportedly had been stopped on ten previous occasions for committing various motor vehicle law violations including driving without a license. Because motor vehicle law violations are not considered “serious crimes,” this alien did not meet the definition of “criminal alien.”

Purportedly the ICE agent in question had an argument with his superiors over their orders to release the alien because he did not meet the Obama administration’s criteria for arresting illegal aliens.  Given all of the previously noted circumstances, the agent wanted an immigration judge make the decision.  Because of this disagreement, that  agent now faces a 3-day suspension and will face the loss of his job if he ever again violates the President’s “prosecutorial discretion!”  Meanwhile the illegal alien in question was allowed to simply go on his merry way proving to him and illegal aliens across our country and aspiring illegal aliens around the world, that aliens may run our nation’s borders, violate other immigration laws and face absolutely no consequences!  In fact, under current policies about to implemented by the Obama administration, in the name of “prosecutorial discretion” aliens can ultimately expect to be rewarded for running our borders and violating various laws including our immigration laws along with other laws that are supposed to protect innocent lives.

Other articles written about this outrageous case have focused on the damage this does to morale at ICE.  What ICE agent would now be eager to do his job knowing what the consequences might be?

When I was an INS Special Agent, it was a common practice to arrest such an associate of a wanted criminal alien and seek to secure a warrant for his deportation.  We would then offer to help the alien with his immigration predicament if he could help locate the criminal alien we were seeking to arrest.  If such an alien became a “cooperator” he could be provided with employment authorization if he continued to work with law enforcement.  Ultimately he could receive a visa as a result of his cooperation with law enforcement.  This tactic was extremely effective.

This is not a matter of conjecture but a matter of my own experiences throughout my career.  Furthermore, as a member of the Organized Crime Drug Enforcement Task Force, where I spent the final ten years of my 30-year career with the INS, I worked closely with nearly every other federal agency as well as with local, city and state police departments in conducting investigations into major international drug trafficking organizations.  I often used my authority as an INS agent to help to recruit and cultivate informants who rendered invaluable assistance to the investigations we were conducting.

Today most illegal aliens have no incentive to cooperate with law enforcement authorities because the administration is tripping over itself to reward their illegal conduct even where it may involve penalizing enforcement officials of ICE who somehow thought that the agency referred to as “Immigration and Customs Enforcement” would actually be in the business of enforcing immigration laws!