My commentary today is based on my most recent article
posted on the CAPS (Californians for Population Stabilization) website on October 12, 2012.
As you will see, I wrote about the incredible inability or unwillingness of New York City’s Mayor Michael Bloomberg to accept the parallel between individuals who trespass onto private property and aliens who, by virtue of running our nation’s borders and evading the vital inspections process, trespass onto American soil.
Bloomberg has decried the failures of the District Attorney for the Bronx to prosecute all individuals who trespass into public housing complexes but has done everything in his power to shield illegal aliens from detection by federal law enforcement authorities.
It is remarkable that when states or cities declare themselves to be “Sanctuaries” for illegal aliens, an apparent violation of Title 8, United States Code, Section 1324, that the federal government takes no substantive action.
Consider that under Title 8, United States Code, Section 1324, a section of law that is comprehended within the Immigration and Nationality Act (INA), it is a felony to aid, abet, encourage or induce aliens to enter our country illegally or remain in our country illegally.
Here is an excerpt from that section of law:
Title 8, U.S.C. § 1324(a) Offenses
- Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
- Harboring — Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
- Encouraging/Inducing — Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who — encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
- Conspiracy/Aiding or Abetting — Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
The theory behind the issue of trespass is one that should be commonsense. A person who enters into a building or onto land to which he (she) has no authorization to enter into or onto is violating laws that are intended to protect the rights and safety of those who are authorized to be present in those facilities or on that land.
The immigration laws of the United States are consistent with this fundamental principle.
Title 8, United States Code, Section 1182
enumerates the various categories of aliens who are to be excluded from the United States. A review of those categories makes the intention and importance of our immigration laws, our borders and the inspections process crystal clear. Among the classes of aliens who are supposed to be excluded from the United States are who suffer from dangerous communicable diseases. Aliens who suffer extreme mental illness and are prone to violence or are sex offenders (rapists and pedophiles). Additional categories of excludible aliens include convicted felons, drug traffickers, human traffickers, money launderers, human rights violators, war criminals, terrorists and spies. Finally, aliens who would seek to work illegally or become public charges are also to be kept out of the United States.
Mayor Bloomberg has continued the “Sanctuary” policies of the previous administration, meaning that aliens who are illegally present in the United States who are encountered by the NYPD and other city agencies are not, as a matter of routine, to be reported to the federal government.
This endangers public safety and national security but “leaders” such as Bloomberg aren’t about to let such considerations get in the way of their political agenda!
I provided testimony before a Congressional hearing back in 2003 about how these sanctuary policies endanger public safety. The hearing focused on specific examples of how public safety was endangered by sanctuary policies of cities such as New York and Houston, Texas.
I have also written about how such policies ultimately resulted in the death of New York City Police Officer Robert Machate.
One of my recent video interviews for TalkBorder.com was conducted with Officer Robert Matchate’s brother, Thomas Machate who is, now, himself, a retired NYC police officer.
The focal point for our conversation was, as you might expect, the murder of Robert Machate on March 3, 1989. On that tragic day, Police Officer Robert Machate was involved in an encounter with an illegal alien from Panama, Reynaldo Rayside on the streets of Brooklyn, New York. Rayside grabbed for Officer Machate’s service weapon and shots rang out. When it was over, Police Officer Machate was dead. He was just 24 years old and his wife was pregnant with a daughter he would never see or hold.
Here is a link to the video of my conversation with Tom Machate:
Here are two links to the NY Times report of Officer Robert Machate’s murder- the first link is to the news report of the murder while the second link relates to the news account of the trial and notes Thomas Machate’s reaction to the “Not Guilty” verdict on the top charge of Murder One.
A couple of years before that tragedy played out in a Brooklyn neighborhood, I had been assigned to execute a Warrant of Deportation issued by an Immigration Judge against Rayside. Rayside had been granted lawful immigrant status and was issued an Alien Registration Receipt Card also known as a “Green Card” to signify the fact that he was a lawful immigrant who had been placed on the pathway to United States citizenship. He had been handed an opportunity that so many people would desperately want to have and then he blew it! He was subsequently convicted of committing felonies which resulted in his being ordered deported from the United States.
Incredibly Rayside had been arrested by members of the NYPD on two separate occasions after he was deported from the United States and unlawfully reentered the United States. He was not only illegally present in our country at that time but was apparently guilty of a felony- unlawfully reentering the United States after having been deported. Yet the NYPD apparently never notified the INS about Rayside being encountered and arrested by members of that police department. Had the INS (Immigration and Naturalization Service) taken him into custody and prosecuted him for unlawful re-entry, Rayside would not have been at large on that fateful day that Officer Machate died. Illegal immigration is not a “victimless crime!”
Because of my involvement with Rayside, I was called upon to provide testimony at the murder trial at which he stood accused of murdering Police Officer Machate. It was at that trial that I first met Tom Machate and his family.
While many newspaper accounts and television news programs are focused on how illegal aliens suffer we almost never hear about how Americans suffer because of crimes committed by illegal aliens. Many times newspaper accounts don’t even address the fact that a criminal who was arrested for a heinous crime was, in fact, an illegal alien.
Illegal immigration provides huge sums of cash and political leverage to all sorts of individuals and organizations.
The Spring 2012 edition of The Social Contract contains a lengthy article which I wrote that was entitled, “Immigration: The Modern Day Gold Rush.” Here is a link to this article:
I urge you to take the time and read this article- you may be surprised at how many people are making so much money- literally and figuratively, making out “like bandits” at the expense of American workers!
The other component to this is how illegal aliens are being exploited- often horrifically, yet the open borders advocates whom I have come to refer to as the “Immigration Anarchists” have taken to the only tactic they can- make false accusations- accusing those who understand the importance of secure borders and the effective, consistent and fair enforcement and administration laws of being anti-immigrant racist bigots!
I have countered these fatuous arguments by explaining that this is the equivalent accusing anyone who would not want to own a slave during the dark era of American history when slavery was considered “business as usual” of being anti-black!
Honesty, integrity and commonsense have nothing to do with the decisions made by Mayor Bloomberg and all too many politicians who refuse to allow the facts to get in their way!
The difference between an immigrant and an illegal alien is comparable to the difference between a houseguest and a burglar!
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!
Please check out my website at AND Magazine:
Please also check out my personal website:
On Friday evenings from 7:00 PM until 8:00 PM Eastern Daylight Savings Time, I host my show, “The Michael Cutler Hour” on the USA Talk Radio Network on Blog Talk Radio.
I hope you will be listening! (Please tell your friends and neighbors!)
Here is a link to the program:
The Michael Cutler Hour
Archived shows here:
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The call-in number for a live show is 310-982-4145
New York’s Mayor Bloomberg Demands Trespassers be Prosecuted, But Ignores Dangers Posed by Immigration Law Violators
On September 27, 2012 the New York Post published an article, “Bloomberg blasts Bronx DA for not prosecuting trespassing arrests” which stated:
“Mayor Bloomberg blasted the Bronx DA’s controversial policy of not prosecuting some trespassing arrests in public housing — saying that the move will bring the city back to its bad old days of crime and disorder.
“If you want to bring crime back to New York, this is probably a good way to do it,” Hizzoner fumed.
The comments came the day after it was revealed that DA Robert Johnson’s office would no longer prosecute trespassing cases in public housing unless the arresting cops could justify their collars.”
The obvious concern of the mayor was that those who would sneak into public housing would do so for nefarious purposes. His concerns are certainly understandable and justifiable. Yet when millions of illegal aliens, in a manner of speaking, trespass on the United States by evading the critically important inspections process by which aliens seeking entry are supposed to be screened by CBP (Customs and Border Protection) Bloomberg opposes any effort to identify these trespassers even when the NYPD encounters them!
What an absolute disconnect!
Let us remember that the immigration laws were enacted to achieve two primary goals- protect American lives and to protect Americans’ jobs. The immigration laws are absolutely oblivious as to race, religion or ethnicity.
It is should be a matter of commonsense that every reasonable effort to make certain that aliens are prevented from entering and, if such aliens ultimately evade that inspections process that efforts be made to locate, apprehend and remove those aliens for the safety, security and well-being of the country and its citizens. Yet Mayor Bloomberg has in essence declared the City of New York to be a Sanctuary City, continuing — indeed, expanding on the policies of his predecessor, Rudy Giuliani who was the mayor of New York City on September 11, 2001 when the terrorists struck against the United States and New York City.
On February 27, 2003 the House Judiciary Committee, Subcommittee on Immigration, Border Security and Claims conducted a hearing, of which I was one of the four witnesses called upon to testify, on the topic: “New York City’s Sanctuary Policy and the Effect of Such Policies on Public Safety, Law Enforcement, and Immigration.”
Here is an excerpt of my prepared testimony for that hearing:
This hearing is being held to attempt to understand why a young woman in Queens, New York was viciously assaulted by a number of aliens who had no lawful right to be in the United States at the time that they carried out this heinous crime against that woman. I also understand that the Subcommittee is concerned about cities around our country, which have prohibited their employees from contacting the INS when they encounter aliens who are illegally in the United States. An example of this is Executive Order 124, which was promulgated by Mayor Ed Koch of New York City nearly 15 years ago. Because of my assignment to the Organized Crime Drug Enforcement Task Force, I was not personally stymied by that executive order; however, I know from my colleagues at INS who were assigned to other units at the NYC District Office, that this order made their jobs more difficult. In the 1970s prior to the issuance of Executive Order 124, when I was assigned to the Frauds Unit, the access I had to the
office that had oversight over the NYC Welfare system enabled me to determine if a person who filed a petition for a spouse to receive resident alien status based on their marriage was also receiving welfare as a single parent- an obvious discrepancy which indicated either welfare fraud or immigration fraud was being committed.
New York City’s Executive Order 124 may well have been promulgated with the intention of showing sympathy to our illegal alien population, but in this day and age it sends a wrong and dangerous message. Criminals often mistake kindness for weakness.
While Mayor Bloomberg is clearly able to understand that trespassing into public housing complexes endangers public safety, he appears utterly unable to grasp how illegal aliens and potentially criminals and terrorists among them, pose at least as serious threat to the United States as do the trespassers he has so stridently demanded be prosecuted.
The time has long since come for him and other political “leaders” to connect the dots!