ILLEGAL IMMIGRATION, CRIME, COST AND CALIFORNIA

California’s government has declared itself a sanctuary state. The action raises a significant question: whose interests are Governor Brown and the state legislatures’ politicians truly working for?

Sanctuary policies produce two substantial results for the legal inhabitants of a jurisdiction. First, they increase costs, and second, they protect portions of the criminal population.

Despite the fiction disseminated by sanctuary policy supporters, there is no mass roundup of illegals that require the countermeasure of sanctuary protection. Sanctuary policies primarily serve to protect criminals apprehended by local law enforcement agencies from being handed over to the federal government for deportation proceedings.

Jen Kerns, writing in The Hill notes that “Progressives in California over the last ten years have increasingly placed the so-called ‘rights’ of illegal immigrants over the public safety of its residents.”

A 2016 Center for Immigration Studies reported “Across the U.S., there are 340 cities, counties, and states that are considered ‘sanctuary cities.’ These jurisdictions protect criminal aliens from deportation by refusing to comply with ICE detainers or otherwise impede open communication and information exchanges between their employees or officers and federal immigration agents… This has resulted in the release by local authorities of approximately 1,000 criminal aliens per month… [The] Immigration and Customs Enforcement (ICE) reported to Congress that, between January 1 and September 30, 2014, local sanctuaries released 9,295 alien offenders that ICE was seeking to deport. More than 600 people were released at least twice…Out of these, 5,947 of the criminal aliens (62 percent) had significant prior criminal histories or other public safety concerns even before the arrest that led to a detainer. Fifty-eight percent of those with a prior history of concern had prior felony charges or convictions; 37 percent had serious prior misdemeanor charges, and 5 percent had multiple prior misdemeanors. An alarming number — 2,320 — of the total number of released offenders were subsequently arrested within the time period studied for new crimes after they were released by the sanctuaries…Of the 6,460 criminal aliens who were still at large during the time period studied, 3,802 (58 percent) had prior felonies or violent misdemeanors.”

The new California law directs the state Attorney General to establish policies that limit assistance with federal immigration authorities, repealing current statutes which require the police to notify federal authorities when an alien is arrested for a crime. The new California law directs the state Attorney General to establish policies that limit assistance with federal immigration authorities, repealing current statutes which require the police to notify federal authorities when an alien is arrested for a crime.

Nolan Rappaport notes the new California law violates 8 U.S.C. 1373, which mandates that “no person or agency may prohibit, or in any way restrict, a federal, state, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: Sending such information to, or requesting or receiving such information from, the Immigration and Naturalization Service (ICE); Maintaining such information; or Exchanging such information with any other federal, state, or local government entity. In addition, Executive Order 13768, (see summary, below) ‘Enhancing Public Safety in the Interior of the United States,’ requires the attorney general and the DHS secretary, to the extent consistent with law, to ensure that jurisdictions which willfully refuse to comply with 8 U.S.C. 1373 do not receive specified types of federal grants.”
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Executive Order 13768: Enhancing Public Safety in the Interior of the United States

Interior enforcement of our Nation’s immigration laws is critically important to the national security and public safety of the United States. Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety. This is particularly so for aliens who engage in criminal conduct in the United States.

Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States. These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic.

Tens of thousands of removable aliens have been released into communities across the country, solely because their home countries refuse to accept their repatriation. Many of these aliens are criminals who have served time in our Federal, State, and local jails. The presence of such individuals in the United States, and the practices of foreign nations that refuse the repatriation of their nationals, are contrary to the national interest.

Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our immigration laws to ensure the removal of aliens who have no right to be in the United States, the Federal Government has failed to discharge this basic sovereign responsibility. We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States.

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The Report continues tomorrow

Quick Analysis

Ukraine’s Frozen Conflict

As we approach winter in the northern hemisphere, the war in Ukraine is beginning to resemble a “frozen conflict” from many perspectives. Ukrainian President Volodymyr Zelensky recently told the media he hopes the war will end faster once President-elect Trump takes over in January. Opinions in Moscow, however, differ from that of the Ukrainian leader. Russian President Vladimir Putin argues that the North Atlantic Treaty Organization (NATO) needs to exclude Ukraine from joining in “exchange” for peace. If it does not, he says, then no end to the war is in sight. So far there is no Christmas solution. Several NATO countries, according to Vladimir Socor of the Jamestown Foundation, are tentatively considering “coalitions-of-the-willing” to provide security for Ukraine outside of the formal NATO framework. There is, however, no collective mechanism today under which such an arrangement is viable. According to the NATO Charter, while Ukraine is a NATO partner country, it may not join as a full member since it has not fulfilled the requirements for membership. That has not stopped NATO and allies from continuing “to provide Ukraine with unprecedented levels of support, helping to uphold its fundamental right to self-defence,” according to the organization. Socor says that keeping Ukraine out of NATO will not advance peace with Russia. Waiting for a peace settlement, he suggests, would only serve to encourage Moscow to continue the war indefinitely. Although the Biden Administration officially withdrew its support for Ukrainian membership in 2021, NATO maintains an “open door” policy toward membership-seeking countries. The current White House position led the way for European states to oppose Ukraine’s membership saying that a decision should be delayed until “conditions are met.” Biden pushed for changing “open door” to a “bridge” metaphor. It is not intended as an across-the-board NATO policy and has been implemented in the past on a case-by-case basis, says Socor. “The alliance’s open-door policy was not fully insulated from Russia’s non-statutory blocking power, and NATO-aspirant countries’ path toward membership was not always irreversible.” Russia has successfully blocked states like Georgia from joining, first in 2008 and again after the war in Ukraine began in 2014. Russia recognizes the value add of Ukraine to NATO is enormous and that Kyiv has a better case than some other nations. Putin’s invasion was, in part, intended to foreclose that option. By 2021, Moscow was pushing hard to maximize its war objectives, which included further annexations of Ukrainian territory. A main goal for Putin was, and is, to ensure there is no Ukraine left to join NATO. As President-elect Trump prepares to assume office in January, he is faced with the historical challenges presented by the war. Post-conflict security guarantees were the center of several proposals made during the 2023 military stalemate. The incoming Trump Administration has yet to outline how it intends to handle the Russia-Ukraine war. Analysts in Washington believe that the new Administration will expect its European allies to guarantee the majority of Ukraine’s security needs. As we approach 2025, several European nations have acknowledged that they do not view Ukraine as eligible for NATO membership as it would draw the organization into the middle of the conflict. Others want to wait until the war is over or pending a “peace” settlement before considering Ukrainian membership. Socor reports that some “influential voices” are suggesting that “Kyiv should join NATO after “freezing” the war along a stable armistice line, de facto accepting Ukraine’s partition, with NATO security guarantees applying de jure to the government-controlled territory only.” This would mean starting accession talks soon with the actual talks to commence only after a ceasefire is in place. Trump arrives in Washington at a time when Putin’s hybrid strategies of war in Ukraine have eviscerated commonly-held differences between war and peace. “Absent a political consensus in NATO over Ukrainian membership, certain European allies, including France’s President Emmanuel Macron, are holding informal consultations about post-conflict security guarantees to Kyiv by NATO members outside of NATO’s framework,” according to the Jamestown Foundation. The Biden Administration downplayed the discussions on possible forms of military assistance and defense industry cooperation by sending only an Assistant Secretary of State. For a European peace to hold the Trump Administration would need to formally extend the United States’ nuclear deterrence to Ukraine. Options under discussion in Europe include a “coalition of the resolute” to deploy forces to Ukraine as part of a possible armistice package, deterring further Russian attacks, says Secor. European officials are also debating, without any agreement, whether its military forces could perform non-combat logistical roles to free Ukrainian forces to fight. None of the possible courses of action has moved forward as all eyes are waiting on the incoming Trump Administration for clues about its intended level of support for a NATO framework and other non-NATO proposals. Daria Novak served in the U.S. State Dept.