Aggravated felon was previously deported 4 times

Hi Gang:

My most recent commentary for CAPS (Californians for Population Stabilization) addresses the successful arrest and prosecution of an illegal alien who had been deported on four previous occasions and had numerous convictions for violent crimes including crimes that resulted in the death of two victims. 

The prison sentence that was imposed on the defendant in this case, Moses Anthony Francisco, a citizen of Belize, is attributable to a change in law that was successfully enacted in the 1980’s through the efforts of Alphonse D’Amato who, at the time, was New York’s Senior Senator.  As I noted in my commentary for CAPS, I am proud to have played a role in convincing Senator D’Amato to seek to have a separate set of penalties created for aliens who are deported from the United States and have convictions for serious crimes.  The point is that when we hear about how the immigration system is broken, what is most dysfunctional is the fact that our immigration laws are not effectively enforced.

In reading the accounts of the crimes committed by Moses Anthony Francisco, you should note that he lived in two states, California and Illinois.  California has become notorious for creating a “sanctuary” for illegal aliens.  It is not unreasonable to hypothesize that he decided to head for Chicago because he knew that Chicago is a self-declared “sanctuary city.”  In support of my theory, consider that Chicago, Illinois, the city where this one man crime wave was arrested, also touts that it will not work cooperatively with immigration law enforcement authorities.  It is important to note that the ICE news release that predicated my commentary for CAPS did not report on any cooperation being provided to ICE in tracking down and arresting this criminal alien.  Generally when other law enforcement agencies provide resources or otherwise assist in an investigation that agency, whether it is a local police department, a state law enforcement agency or another federal agency, that cooperation is duly noted in the news release.  Apparently for the “leaders” of Chicago, sanctuary for illegal aliens, including criminal aliens, trumps community safety and the lives of those who live in Chicago!

New York City as well as New York State also have a similar attitude towards our nation’s immigration laws and the consequence is that innocent people lose their lives because of this insane mindset!

Yet the federal government does nothing to push back against these dangerous sanctuary policies but has sought to block states that would dare to enact their own immigration laws that largely parallel the federal immigration laws that the federal government refuses to enforce!

As I have noted on many occasions, the immigration laws have two primary objectives- to say American lives and save American jobs.  These two goals are of particular importance in this era where our nation faces many challenges and threats including the threat of terrorism, at the hands of international terrorists, hangs over our nation and our citizens, as a modern day “Sword of Damocles.”   Additionally, transnational pernicious gangs and drug cartels are extending their tendrils into a growing number of cities across our nation.  Finally, the economic challenges that confront our nation and many of our fellow citizens have made the “American Dream” unattainable for so many American families.  

While the enforcement of our immigration laws would not solve all of our problems, the enforcement of those laws would represent a commonsense measure that would help deal with these challenges noted above and also ameliorate other problems that are weighing down our country on the federal, state and local level.  Don’t misunderstand- this is certainly not about scape-goating lawful immigrants or calling for the sealing of our borders.  This is simply about enforcing laws that are intended to prevent the entry and continued presence, in our country, of aliens whose presence is problematic. 

Certainly the arrest and successful prosecution of the Moses Anthony Francisco represents a success- the issue is that there are many, many more such criminal aliens, from virtually every country on this planet, who live in cities across our nation and pose a serious threat to the safety and wellbeing of the people in the communities in which they live.  Ironically, while open borders anarchists are quick to accuse those of us who want to see our immigration laws enforced and our borders secured of being “anti-immigrant,” nothing could be further from the truth!  Often the people who are most likely to fall victim to the crimes of transnational criminals are the members of the ethnic immigrant communities in which these thugs live.  It is important to remember that the difference between a lawful immigrant and an illegal alien is comparable to the difference between a houseguest and a burglar!

The solution to the presence of millions of illegal aliens in our country is not to offer to put them on a pathway to citizenship-  which would create a national security nightmare, and entice God knows how many million more illegal aliens to run our borders with the hope and expectation that ultimately they will some day also be offered amnesty, but to provide greater resources to effectively enforce the immigration laws.  
Show me a politician who refuses to enforce the immigration laws or attempts to trivialize these laws, and I will show you a politician who needs to find out what it is like to stand on the unemployment line!

Benjamin Franklin, in discussing our then fledgeling nation. said that they had given us a republic if we could keep it!

What he was making clear was that this democratic republic required that its citizens take their citizenship seriously and keep the political leaders accountable.

It is time for the citizens of our nation to make certain that our nation’s leaders, on all levels, to come to terms with the fundamental fact that the purpose of our immigration laws is to protect our nation and our citizens from aliens whose presence has the potential to have a serious adverse impact.  Ignoring those laws exposes our nation and our citizens to a variety of serious threats and challenges ranging from national security and criminal justice and public safety to the economy, the environment, healthcare and education!

A country without secure borders can no more stand than can a house without walls!


our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.  

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same.  We need to create a “Bucket Brigade of Truth!”

The practice of good citizenship does not end in the voting booth, it only begins there.

For far too long our citizens demonstrated apathy which emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. 

It is therefore understandable that the politicians of both parties, are greatly concerned about the demonstrations currently sweeping our nation just as did the creation of the Tea Party.  Clearly  more and more of our fellow Americans are demonstrating that they are not as dumb as the politicians from both parties had expected us to be!

I am encouraged that more and more of us, We the People, are not willing to simply sit on the sidelines anymore!

I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world.  However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels or members of other transnational gangs or members of al-Qaeda!

I also believe that the original purpose of our nation’s immigration laws need to be be brought “front and center” to make certain that our nation does not permit the entry of aliens into our country whose presence in our country is problematic for the citizens of our nation and that if such aliens do succeed in entering our country that our nation have the resources, integrity and dedication to do everything possible to make it impossible for such aliens to function within our country so that even if they are not apprehended, they will find it pointless to remain in the United States.
As I have noted on a number of occasions, “No one would break into the amusement park if they could not get to go on the rides and no one remains in the amusement park at the end of the day when they turn shut down the rides and turn off the lights!” 

If our government’s failures to secure our nation’s borders and effectively enforce 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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Belizean gang member sentenced to 64 months for illegally re-entering US: Aggravated felon was previously deported 4 times

My commentary today is predicated on a news release that was posted by the Chicago, Illinois office of ICE (Immigration and Customs Enforcement) on March 7, 2012.

The news release reported on the success in prosecuting an illegal
alien who is a citizen of Belize, for the federal crime of re-entering
the United States after he had been deported as an aggravated felon.  In
point of fact, this criminal alien, Moses Anthony Francisco, had been
previously deported four times and had committed a number of serious
crimes including two separate crimes which resulted in the death of his

Let’s start out with a personal note; this case provides me with a
bit of vindication because back in the early 1980?s when as an INS
Special Agent, I was frustrated by the difficulty my colleagues and I
had experienced in presenting cases for prosecution to the offices of
the United States Attorney for the Eastern and Southern Districts of New
York, especially when the crime we presented involved aliens who had
been deported and then re-entered the United States without the
requisite authority of the Attorney General.  I made the decision to
reach out to New York’s Senior Senator, Alphonse D’Amato and explained
that there were a number of issues I believed needed to be addressed. 
Senator D’Amato had earned the nickname, “Senator Pothole” because he
had a reputation for actually listening to his constituents and going to
bat when he thought it was justified.

I had a number of meetings with Senator D’Amato and he asked that I
provide him with substantiation to support my recommendations.  Over a
six month period, I convinced approximately 30 of my colleagues at the
former INS to come forward, without the knowledge of our superiors.

Here were the proposals:

  1. The INS should stop simply counting every arrested illegal alien as
    being of equal importance- criminal aliens needed to become the
  2. Deportation hearings should be conducted inside prisons.  Previously
    an alien who was serving many years behind bars subsequent to being
    convicted for a serious crime would not see an immigration judge until
    after he completed his sentence.  Often this meant that such an alien
    would be permitted to post a bond and spend years out on the street
    while his deportation case was being resolved.  Often this provided
    criminal aliens with the opportunity to commit more crimes and/or
    abscond.  The point to hearings conducted inside the prison was to have
    an alien rendered deportable before his prison sentence was completed. 
    He could be simply put on an airplane the day he was released from
    prison.  This became the “Institutional Hearing Program.”
  3. The penalty for illegal re-entry carried a maximum of a two year
    prison sentence.  This would be an appropriate sentence for an illegal
    alien who had no criminal history but an alien who had a serious
    criminal history should face a far more significant punishment.  I had
    recommended that the maximum sentence be 20 years in prison.  This was
    important for two reasons- to help convince the U.S. Attorney’s office
    to accept the prosecution of criminal aliens and to create a far greater
    deterrence to discourage criminal aliens from returning to the United

Senator D’Amato agreed with all three proposals and helped bring them
to fruition including the creation of the enhanced penalties provision
in conjunction with the immigration law that addresses illegal re-entry by aliens who are convicted felons!

In fact, in part because of the greater acceptance rate of
prosecutions for unlawful re-entry of criminal aliens, in many districts
across the United States, immigration prosecution represents the
greatest number of criminal prosecutions!

I mention these issues to make it clear that if our leaders are
willing to address the challenges that illegal immigration creates- that
those challenges can be met and successfully dealt with!  The solution
to our nation’s illegal crisis that involves an illegal alien population
that is likely two or three times greater than the estimate often cited
by the administration of 11 million is not to promise more incentives
to illegal aliens and aspiring illegal aliens, but to ramp up
enforcement and convince people throughout the world that our
immigration laws will be effectively enforced.  This is not a novel
approach- think of how many times you have seen signs on businesses and
private homes that advertise that they have burglar alarms or at the
least an attack dog defending the premises!

Could you imagine a homeowner posting a sign on his home that noted
that there were valuables to be found inside, and that the owner of that
location being surprised when burglars broke in?  Could you imagine
what the conversation among the police and the insurance adjuster with
the homeowner would be like when they were called to the crime scene?

Now let’s look at this case in particular.  I am pleasantly surprised
that the news release accurately and unambiguously identified Moses
Anthony Francisco as an illegal alien from Belize.  (All too often ICE
news releases fail to address the immigration status of aliens or even
make note of the fact that an alien is indeed an alien!)

We are often told that our immigration system is broken- what is
broken is that our federal government is failing to provide the
resources and support, both material support and moral support to the
beleaguered enforcement personnel of ICE and CBP (Customs and Border
Protection) to make certain that the job gets done and that illegal
aliens are deterred from entering our country.  There is no deterrence
to be found when the President and other so-called “leaders” in our
government repeatedly promise that they will do everything possible to
put many millions of illegal aliens, whose true identities and
backgrounds are unknown and unknowable, on a “pathway to United States

Secretary of Homeland Security Janet Napolitano has often assured us
that there is no “spillover” violence from Mexico.  While there was no
mention as to how Mr. Francisco repeatedly entered the United States
after being deported, it is entirely possible that he managed to run our
nation’s southwest border on at least one of his illegal entries into
the United States.  The news release indicated that his most recent
illegal re-entry took place in May of 2010.  This illegal re-entry
happened on Ms. Napolitano’s watch.

While he had been found guilty of taking the lives of two victims in
California, he was apprehended most recently in Chicago where he was
involved with the violent Crips Gang.  The point is that the immigration
crisis is not simply important for the citizens of our nation who
reside in California, New Mexico, Arizona and Texas- but is truly a
crisis for every citizen living in every state of this nation!

Finally, it would be significant to know how he managed to apparently
evade the inspections process on four occasions and know what, if
anything, ICE is doing to address the obvious vulnerabilities in the
system that enabled this one man crime wave to easily traverse our
nation’s borders.  Think of how many people have likely been injured by
Mr. Francisco in addition to the two he killed.  Consider this excerpt
from the news release:

According to court documents, Francisco is a six-time
convicted felon with a criminal history that includes the following
convictions: involuntary manslaughter, vehicular manslaughter, robbery,
attempted robbery, brandishing a weapon, and illegal re-entry. In 1985
Francisco was convicted in California of involuntary manslaughter after
stabbing his girlfriend’s ex-boyfriend in the chest and killing him. His
conviction for vehicular manslaughter occurred in California in 1989.
While driving a stolen car, Francisco caused a crash that killed a
passenger in another car during his escape attempt after he robbed a
victim at knife-point.

Francisco is also a self-admitted member of the East Side 43
Gangster Crips in Los Angeles and has tattoos documenting his
membership. According to court documents, Francisco admitted he is a
ranking gang member, and was a “shot caller” for the gang while he was
incarcerated in the California Department of Corrections and the U.S.
Bureau of Prisons. As an admitted member of the Crips “executive
committee,” he had input regarding whether acts of violence were
approved and committed by fellow Crips inmates.

It would appear that the passenger he killed in 1989 would still be
alive if Francisco had not been able to unlawfully re-enter the United
States after he had been convicted of stabbing his girlfriend’s

Our nation’s immigration laws are intended to accomplish two major
goals, save American lives and save American jobs.  Certainly other
important benefits would accrue through securing our nation’s borders
and effectively enforcing our immigration laws.

With those goals in mind, any candidate for elected office,
especially the Presidency, must come to accept just how vital the
immigration laws are to the safety and security of our nation and our
citizens and be willing to do what is necessary to insure that those
laws will be effectively enforced.

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