“California Prison Early Release Plan Won’t Be Delayed, Supreme Court Rules”

Hi Gang:
My commentary today is based on an article I just wrote for the CAPS (Californians for Population Stabilization) website.

I have attached a copy of it to the bottom of this e-mail.
The predication for my piece is the report that the Supreme Court has ordered that because of extreme overcrowding, California will have to release many dangerous criminals.  This is the sort of disturbing situation that should make it clear that our government is playing politics with our lives.  This is certainly not a new situation, but one that continues to infuriate me.
California is not alone in the exploding alien inmate population and the impact that this has on the criminal justice systems across the United States on the city, state and federal levels.
The June 6, 2011 edition of the Denver Post ran this article:

More foreign inmates crowding Colorado prisons

Here is an important excerpt from this article:

Criminals find their way to Colorado prisons from Mongolia, Iraq, the Czech Republic, the Fiji Islands and 75 other nations.

Those foreign inmates will likely be eligible for deportation as soon as their sentences are complete. In the meantime, they are among the fastest-growing segments of the state’s prison population and a growing drain on already-scarce resources at the Department of Corrections.

Since 2005, the number of Colorado’s foreign-born inmates has increased 51 percent to 1,953.

As you can see, this is not simply about aliens from Mexico or even Latin America but about aliens from the four corners of planet Earth!
The issue of the need for effective enforcement of America’s immigration laws is not about racism but commonsense!
You can find similar disturbing reports from towns, cities and states across America today.
When overcrowding of prisons result in criminals being released even when criminal aliens are retained in custody, the overcrowding that they contribute to may cause American criminals to be released.  Either way public safety is jeopardized!
Our nation’s immigration laws were enacted to protect innocent lives and the jobs of American workers, yet you would never know this if you listen to the advocates for Comprehensive Immigration Reform where the focus is not on enforcement of these vital laws that directly impact national security, criminal justice, public safety, healthcare, public health, education, the economy, unemployment and a number of other issues including critical infrastructure and quality of life related issues in towns and cities from coast to coast and border to border.
The advocates for Comprehensive Immigration Reform and the local and state politicians who have declared their towns, cities and states to be “Sanctuary Cities” are demonstrating that the safety and well-being of those they were elected to serve and represent are not even a consideration for them.
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 8 USC § 1324 – Bringing in and harboring certain aliens, 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, thereby displacing American workers and enabling wages to be reduced, or become public charges are also to be kept out of the United States.
My dad used to say that I could teach people how they should treat me by demonstrating resolve in making it clear to those I interacted with as to what I would or would not accept.  This bit of sage advice is worth considering in many areas but it is especially apt when considering how we deal with our elected representatives.  That some politicians are corrupt should not shock anyone- this problem is as old as the human species.  What is unfathomable is how so many politicians who do not act in the best interests of their constituents are able to win re-elections time and again!
The time has come for all Americans to make their demands known to those politicians who purportedly represent them and their families.
Immigration is not a single issue but a singular issue that impacts nearly every challenge and threat confronting the United States today!  Simply stated, the immigration laws were enacted to save lives and protect the jobs of American workers.

Our armed forces are charged with securing America’s borders externally while the DHS is supposed to secure those same borders from within.  The failures of the DHS to live up to its half of the equation are undermining the efforts, valor and incredible sacrifices of Americas men and women who serve in our military!

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!

It is not “Anti-immigrant” to be Pro-American!

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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“California Prison Early Release Plan Won’t Be Delayed, Supreme Court Rules”

Michael W. Cutler, Senior Special Agent, INS (Ret.)

Senior Fellow, Californians for Population Stabilization


The title for my commentary was borrowed from the news report that was posted by the Huffington Post on August 2, 2013. While neither the title for the article nor the material contained in the Huffington Post article even mentioned immigration, in point of fact, this is an immigration story.

While advocates for massive immigration amnesty programs such as Comprehensive Immigration Reform paint glowing images of illegal aliens ignoring the reality that a significant percentage of illegal aliens come to ply their criminal trades in the United States while others are fugitives from justice in other countries and enter the United States with the hope that they can evade the “long arm of the law.”

“Sanctuary cities” and “sanctuary states” run interference for criminal aliens, shielding them from detection from ICE enabling them to remain in the United States. Of course the administration has gone to extraordinary lengths to not enforce the immigration laws, further exacerbating the problem.

Several years ago I participated in a debate on “Fox & Friends” about the sanctuary policies of San Francisco. Prisons were expunging the criminal histories of criminal aliens, making deportation impossible for some criminal aliens.

What I said then is just as relevant today.

Many members of violent gangs are aliens. The reality is that when the Mexican drug cartels and other transnational criminals organizations from countries around the world set up shop in the United States they send their thugs from their respective countries to run these criminal enterprises in the United States. Leaders of criminal organization want to work with people they know and trust. Consequently they work with criminals they have known for a long period of time in their home countries. Additionally, by sending their fellow countrymen to the United States to run their criminal organizations, they can keep them “in line” by threatening violence against the family members of those “employees” who might siphon money from the organization or otherwise “stray.”

It has been estimated that nationally, approximately 30% of the inmates in federal prisons are foreign born. In some states the percentage of foreign-born inmates is far higher.

Incredibly, on November 13, 2012 a news report appeared on television station KSWT-13 entitled:

New California prison program helps foreign-born inmates get diploma

The story was about how the Mexican Consul convinced the authorities at a Californian prison to provide high school education and diplomas to alien inmates.

Consider this quote from the report:

“The government of Mexico has always been concerned for the safety, health and education of its residents”, says Mexican consulate, Gina Andrea Cruz Blackledge. “Not just Mexicans but everyone from Latin America. With this program we want to make sure that the inmates have the tools to succeed when they are released, whether they are allowed to stay in the United States or if they are indeed deported.”

There was nothing in the report about who was paying for the education. While it is true that an education can help cut recidivism rates, an even more effect method of cutting down on recidivism is to deport aliens who are convicted of committing felonies after they serve their prison sentences.

Recidivist criminal aliens who are not removed from the United States victimize more people and then, when they are arrested they add to the overcrowding in prisons in California and elsewhere. Rather than seek to deport more criminal aliens it would appear that in California, dangerous criminals are about to be set free, further endangering public safety.

doc icon Blog-“California-Prison-Early-Release-Plan-Wont-Be-Delayed-Supreme-Court-Rules”-August-3-2013.doc

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