This article was provided exclusively to the New York Analysis of Policy and Government by Judge (ret.) John H. Wilson.
The news is truly stunning. According to a report recently released by the Bureau of Justice Statistics, in 2018, 64% of persons arrested for federal crimes were non-US citizens. Even more shocking, this represents a complete reversal from 1998, when 63% of federal arrests were made of US citizens. 72% of the illegal aliens arrested by the federal authorities are being prosecuted for illegal reentry (meaning they were removed previously, and are now back again), but the next biggest category of prosecution was for drug offenses, at 13%.
Mexican citizens account for 40% of those arrested by the federal authorities in 2018, up from 28% in 1998. But the arrest of citizens of Central American countries has risen drastically; from 1% in 1998, these persons now represent 20% of those arrested on federal charges.
In all, while illegal aliens account for approximately 7% of the population of the United States, they also account for 15% of all federal arrests, 24% of all federal drug arrests, and 28% of all federal fraud arrests.
As described by radio personality Brian Mudd, when it comes to either Fraud, Smuggling, Property Crime, Drug or Weapon Trafficking, “in each of those instances an illegal immigrant is at least 300% more likely to commit one of those crimes than the average legal citizen.”
Yet, despite this hard evidence of the violence and social destruction brought to the United States by illegal immigration, there are State Courts which continue to block ICE agents from taking criminal defendants into custody.
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Obviously, someone who is reportedly a fugitive from another state is unlikely to return to the Massachusetts court to answer his new charge. But rather then hold the defendant until Pennsylvania could send officers to pick him up, Judge Joseph allowed the man to be released from the back door of the courthouse.
One year later, in April of 2019, Judge Joseph, and the Court Officer who actually released the defendant, were charged in Federal Court with Conspiracy to Obstruct Justice, Obstruction of Justice, and Obstruction of a Federal Proceeding.
The case has lead to a division within the state government of Massachusetts. Governor Charlie Baker, who is a Republican, stated that “no one should obstruct federal law enforcement officials trying to do their jobs.” However, the Attorney General for Massachusetts, Maura Healey, a Democrat, called this a political prosecution, and stated that “This prosecution is nothing less than an assault on justice in Massachusetts courts, and it will further undermine community trust and safety.”
Currently, Judge Joseph is under suspension. However, the initial suspension had been without pay. Recently, the Massachusetts Supreme Court reinstated the Judge’s pay, but left the suspension in place.
In January of 2017, a similar matter was handled differently by another US Attorney. Judge Monica Herranz of Multnomah County Court in Oregon, allowed a defendant appearing before her to answer a DWI charge to leave the courtroom by her own doorway, rather than through the public entrance. Apparently, ICE Agents were waiting outside the courtroom to take the defendant into custody.
The US Attorney in Oregon, Billy Williams, declined to bring charges against Judge Herranz. Further, the Judge was cleared of all discipline charges in June of 2017. The Report of the Investigating Court Administrator states that “Herranz didn’t know Pacheco-Salazar’s immigration status and also didn’t know why ICE was in the courthouse hallway.” But at the same time, the Reviewing Administrator found that “Judge Herranz understood that the parties, both defense and prosecution, had agreed on the request to allow the defendant to avoid contact with ICE agents, and granted that request,” two statements that clearly conflict with each other.
Is Judge Joseph being unfairly prosecuted, while Judge Herranz benefited from a whitewash of her actions? Is the US Attorney in Massachusetts being more aggressive in his handling of this matter than was the US Attorney in Oregon? The answer to each of these questions is a definite maybe. But given the rampant criminal activities of illegal aliens, which action will send a message to state court judges more effectively – prosecution of those who obstruct ICE Agents, or excusing this behavior with a wink and a nod?
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