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This morning, February 2, 2014 FrontPage Magazine published my most recent article:
The position of Attorney General is often given the sobriquet, America’s “Top Cop.” Every federal law enforcement agency depends on the offices of the federal prosecutors (U.S. Attorneys) in each federal district to obtain subpoena’s, search warrants, arrest warrants, etc. Furthermore, it is up to the U.S. Attorneys to decide which cases should be prosecuted and which cases should be passed over, for one reason or another. Most people likely don’t know this, but when an individual is found to have committed a violation of federal law- even if that violation is statutorily deemed a felony, the prosecution will not proceed until and unless the federal prosecutors in the venue where the crime allegedly occurred agree to initiate a prosecution.
To go from the general and theoretical to the specific, consider a case I encountered when I was a brand-new INS (Immigration and Naturalization Service) Special Agent (Criminal Investigator).
My partner and I had just arrested an illegal alien we found working in a factory. During the course of questioning, the alien readily admitted that he had been deported a couple of years earlier and had returned illegally. I immediately contacted the prosecution liaison officer in my office and asked him to reach out to the U.S. Attorney’s office for me to begin the arraignment process. He explained to me that he would have to contact the Assistant United States Attorney who ran the “Intake Program” at the U.S. Attorney’s office. He assured me that the case I wanted prosecuted did not meet the threshold for prosecution, but to satisfy me, he made the phone call and had me speak directly with the prosecutor who told me that because there were so many cases, especially in New York, that for a case involving unlawful entry to be prosecuted it was decided that they had established guidelines as to which cases would be accepted and which cases would be declined. For starters, the alien had to have been deported at least three times within a designated time period and, preferably, had several arrests for other crimes.
Of course the criminal prosecution of an illegal alien for the crime of unlawful re-entry is separate and distinct from the administrative deportation process. While the alien we arrested was not prosecuted for unlawful re-entry, he was found deportable at a hearing before an Immigration Judge and he was deported from the United States.
None of these guidelines concerning prosecutorial discretion appear in the law- but the reality is that there are so many illegal aliens who are deported and promptly re-enter the United States illegally that if every case was discovered and prosecuted, it would likely take only a couple of day s for the entire limited resources of the U.S. Attorney’s office would be jammed with the workload. The solution was the implementation of specific guidelines.
This does not only apply to immigration cases but to all cases presented to the U.S. Attorney’s Office in districts across the United States.
If you wonder why I am giving you this detailed insight into the world of federal prosecutions, you need to realize that all federal prosecutors answer to the Attorney General. If the Attorney General decides that immigration law violations are not worthy of prosecution, as bad as the immigration crisis is now, it could actually get worse.
During her confirmation hearing Ms Lynch, a woman who I believe is a very bright and accomplished attorney, made statements that called into question how seriously she feels about violations of law- whether it is how aliens enter the United States- when they evade the inspections process or when they secure gainful employment.
It is disconcerting that, at least initially she seemed to minimize the importance of the laws that deal with the entry and presence of aliens in the United States and the employment of aliens who enter the United States illegally. I found it remarkable that after lunch, Sen. Chuck Schumer picked up the questioning and under his questions she essentially recanted her earlier responses which upset Senator Jeff Sessions earlier that day.
The Attorney General is the lead prosecutor for the United States of America. However, the Attorney General is also the president’s attorney. Anyone who would seek to by Mr. Obama’s attorney will have to thread the needle, metaphorically speaking and agree to go along to get along.
Therein lies the problem with the current administration and the administration of any future president who fails or, more likely, refuses to acknowledge that our immigration laws are among the most fundamental and significant of all of the laws under federal jurisdiction.
Our borders and our immigration laws are our nation’s first line of defense and last line of defense against those aliens whose presence would undermine national security and public safety. Those laws were originally enacted to shield American workers from unfair foreign competition.
America’s middle class grew under the protection of the American workforce. As the enforcement of those laws becomes an ever more distant memory, America’s middle class and the dreams of the American Dream are similarly becoming an ever more distant memory!
Here are a few articles I suggest you read to understand just how critical the immigration laws are:
On December 19, 2014 Californians for Population Stabilization (CAPS) posted my latest commentary:
The myriad ways that aliens may enter the United States either in violation of our laws and/or with the intention of violating our laws and the other ways that our immigration system is failing was my focus for my article that FrontPage Magazine posted on July 7, 2014: