. You searched for hb 228 - New Dustin Inman Society https://newdustininmansociety.org/ Thu, 13 Jun 2024 15:09:19 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://newdustininmansociety.org/wp-content/uploads/2018/01/cropped-flag-32x32.jpg You searched for hb 228 - New Dustin Inman Society https://newdustininmansociety.org/ 32 32 186906463 June 11, 2024 response to my open records request sent to Cobb County Sheriff Craig Owens https://newdustininmansociety.org/june-11-2024-response-to-my-open-records-request-sent-to-cobb-county-sheriff-craig-owens/ Thu, 13 Jun 2024 15:05:59 +0000 https://newdustininmansociety.org/?p=10423 The below (email) response to my June 6 open records request was received here June 11, 2024 at 3:51 PM. — Please respond above this line — RE: Open Records Request of June 06, 2024, Reference # S011386-060624 Dear Mr./Ms. KING, Cobb County received an open records request from you on June 06, 2024. You […]

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Mariachi band invited to the January 19, 2021 event staged by newly sworn Cobb County Sheriff Craig Owens to announce his withdrawal from the ICE 287(g) contract. Photo: Cobb County Courier

The below (email) response to my June 6 open records request was received here June 11, 2024 at 3:51 PM.

— Please respond above this line —

RE: Open Records Request of June 06, 2024, Reference # S011386-060624

Dear Mr./Ms. KING,

Cobb County received an open records request from you on June 06, 2024. You requested the following:

Please send me copies of any and all CCSO letters, communications (electronic or hard copy) to and/or from U.S. Dept. of Homeland Security / Immigration and Customs Enforcement concerning, mentioning and/or pertaining to beginning or terminating any MOU/MOA with ICE for 287(g) authority. Date range: 1 November 2020 to 30 April, 2021.

Please send me a copy of any/all CCSO internal memo(s) or communication(s) concerning or mentioning any effort, inquiry, question, intent or decision to terminate the agreement or MOU/MOA with ICE for 287 (g) authority that existed under Cobb Sheriff Neal Warren for the same date range as above. To be clear, this request includes a copy of the memo held up by Sheriff Craig Owens at an event in January, 2021 in which Sheriff Owens reportedly told the audience he had terminated the 287 (g) agreement and authority as reported by multiple news outlets including the Atlanta Journal Constitution and the Marietta Daily Journal in January, 2021.

To be clear: This request includes the request for a copy of the memo pictured in this MDJ news report (https://www.mdjonline.com/news/bold-necessary-and-overdue-sheriff-owens-declares-end-to-287-g-immigration-enforcement/article_457130f8-5a7e-11eb-a19f-9331a3092882.html (tagged with the caption “Courtesy Cobb County Sheriff’s Department. Cobb County Sheriff Craig Owens holds a copy of the memo formally ending the office’s involvement with immigration enforcement. Commonly known under the name 287(g), ending the program was a major promise of Owens’ campaign”).

Please send me a copy of any existing MOU/MOA between CCSO and U.S. DHS/ICE concerning or granting CCSO 287 (g) authority.

 

We are diligently working on your request but need additional time to fulfill your request. We plan to have a response to you on or before 6/21/24.

Sincerely,

Corrie Hubbard

Cobb County Sheriff’s Office

185 Roswell St
Marietta, GA 30060
770-852-3240

To monitor the progress or download responsive records from Cobb County Sheriff’s Office, please login to the Open Records Center.

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]]> 10423 Retired immigration enforcement agent Bob Trent on SB 354 in the Houston Home Journal https://newdustininmansociety.org/retired-immigration-enforcement-agent-bob-trent-in-the-houston-home-journal-on-sb-354/ Wed, 17 Apr 2024 14:32:47 +0000 https://newdustininmansociety.org/?p=10169     The below post is a copy of a letter to the editor published today in the Middle Georgia Houston Home Journal . There is a paywall. We are grateful to Mr. Trent for sending his letter along and for the kind words.     “I can’t help but wonder if Laken Riley’s family […]

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The below post is a copy of a letter to the editor published today in the Middle Georgia Houston Home Journal . There is a paywall. We are grateful to Mr. Trent for sending his letter along and for the kind words.

 

 

“I can’t help but wonder if Laken Riley’s family knows about Sen. Walker’s measure.”

April 17, 2024

Letter to the editor

Dear editor,

I write in regard to the guest column your newspaper published Saturday from Mr. D.A. King and the legislation sponsored by Sen. Larry Walker passed by the GOP-controlled General Assembly. I thank you for running the accurate and wisely written column. King is an expert. I too recommend that Gov. Kemp veto SB 354.

I hope readers and conservative voters in Middle Georgia recognize the fact while the Republican lawmakers were proudly boasting of passage of HB 1105 aimed criminal illegals and sanctuary policies, they also passed Walker’s SB 354 which is a literal written invitation to illegal aliens to come to Georgia. The irresponsible quest for more workers and more business in Georgia at any cost has gone over the top of the lunacy mark.

Inviting more illegals will produce more crime and needless misery for Georgians. I can’t help but wonder if Laken Riley’s family knows about Sen. Walker’s measure.

As a retired Senior Special Agent of the former Immigration and Naturalization Service (USINS) I have spent most of my life fighting the fully avoidable crime created by illegal immigration. I served on metropolitan area drug, and organized crime task forces for many years and have supervised special agents assigned to the Joint Terrorism Task Force. In addition, I spent ten years as a uniformed Border Patrol agent assigned to both the northern and southern borders.

My final assignment was as the Assistant Director, Enforcement Training, U.S. Immigration Officer Academy, Federal Law Enforcement Training Center, Glynco, GA.

Trusting voters should be reminded that as ‘candidate Kemp’ in 2018 our governor promised to focus on illegal immigration in Georgia and to end the already illegal sanctuary policies that some jailers have created. Having closely watched Gov. Kemp, I can say with great disgust that he has done nothing since then about our very real illegal immigration problem in Georgia.

If SB 354 becomes law, it will lead to more bills that further dismantle the system in place to discourage illegal immigration in Georgia.

Not many Republican voters want Georgia to be “a great place for illegals to live, work and raise a family.” But Nobody should be surprised if Gov. Kemp proudly signs Walker’s dangerous bill into law while assuring us that it’s “good for business.”

Robert Trent

St. Mary’s

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]]> 10169 The veto effort on Sen. Larry Walker’s SB 354 continues: D.A. King guest column in the Houston Home Journal today https://newdustininmansociety.org/the-veto-effort-on-sen-larry-walkers-sb-354-continues-d-a-king-guest-column-in-the-houston-home-journal-today/ Sat, 13 Apr 2024 12:17:45 +0000 https://newdustininmansociety.org/?p=10140   Pro-enforcement immigration advocates push for veto of Sen Walker bill – SB 354 D.A. King Guest columnist Taking a pro-enforcement position on illegal immigration in Georgia, we think the Republicans made a grave mistake in passing Sen. Larry Walker’s bill, SB 354. We have organized an effort to convince Gov. Kemp to veto that […]

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Pro-enforcement immigration advocates push for veto of Sen Walker bill – SB 354

D.A. King

Guest columnist

D.A. King

Taking a pro-enforcement position on illegal immigration in Georgia, we think the Republicans made a grave mistake in passing Sen. Larry Walker’s bill, SB 354. We have organized an effort to convince Gov. Kemp to veto that legislation. Here, we offer an education readers will not see on “the news.”

The Republican-controlled General Assembly passed a nationally covered bill aimed at illegal immigration in the session just ended. HB 1105, “The Georgia Criminal Alien Track and Report Act” is essentially an effort at forcing compliance with laws against “sanctuary city” policies put in place in 2006 when Sonny Perdue was in his first term as governor. It’s a law that says we should enforce the law.

According to federal authorities Georgia is home to more illegal aliens than live in Arizona. The leftist Georgia Budget and Policy Institute says more illegals call the Peach State home than do “green card” holders. How many illegals? Somewhere around 400,000 – 500,000 is a common, expert estimate.

GA state Senator Larry Walker (R- Perry)

 Since 2006, Georgia’s Republican elected officials have put more than forty state laws in place aimed at discouraging more “undocumented workers” from migrating into our state. The proven effective method for that commonsense task is to deny jobs, benefits, and services to foreigners here illegally.

Which brings us to another 2006 law, OCGA 50-36-1, “Verification of Lawful Presence within the United States.” The short explanation is that to prevent illegal aliens from accessing public benefits, applicants are checked for immigration status. The system requires an applicant for occupational licenses to essentially swear on an affidavit that they are not here illegally. False swearing is a felony. Then that information is run through a federal verification system known as “SAVE.” It’s all carefully designed to be part of the occupational and professional licensing process.

If the licensing process goes away, the immigration verification goes too. The chances of stopping illegals from accessing our jobs, benefits, and services decrease significantly.

Believe it or not, Senate Bill 354 from Sen. Larry Walker (R-Perry) removes the requirement for having an occupational license for low-skilled personnel in the barbering/cosmetology industry. To repeat the explanation above: This will end the immigration check built into the existing licensing procedure for covered workers. It is an open invitation to “the undocumented.”

Pushed by powerful special interest groups, the stated goal of Sen. Walker’s bill is to make it easier to go to work in Georgia. Indeed.

SB 354 is a product of ‘Senate Study Committee on Occupational Licensing,’ created by a resolution (SR 85) sponsored by Sen. Walker in 2023. According to Senator Walker, who also served as committee chairman, “…this state has some of the country’s more burdensome occupational licensing laws” and has “onerous occupational licensing requirements.”

Apparently eliminating the immigration verification makes the process much less “burdensome and onerous.” We don’t agree. And we recall that Gov Kemp voted in favor of creating the above-described verification process as state Senator in 2006.

We hope to convince Gov. Kemp to veto Sen. Walker’s bill. Readers who agree with our mission can help fight illegal immigration in Georgia by calling Gov. Kemp’s office (404-656-1776) to leave a message with a nice young staffer to ask him to veto SB 354.

We think it’s commonsense.

Created in 2005, the 501 c 4 non-profit Dustin Inman Society advocates for enforcement of immigration laws. Mr. King has assisted Georgia legislators with immigration related matters for two decades under the Gold Dome. He is also proprietor of ImmigrationPoliticsGA.com .

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]]> 10140 Immigration enforcement experts on ICE detainers — HB 1105 https://newdustininmansociety.org/immigration-enforcement-experts-react-to-amendments-on-ice-detainer-language-in-hb-1105-made-in-the-georgia-senate-public-safety-committee-on-march-14-2024/ Sun, 17 Mar 2024 19:55:55 +0000 https://newdustininmansociety.org/?p=10055 Immigration enforcement experts on ICE detainers – continuing education. The below statements and remarks were collected on Friday, March 15 and Saturday, March 16, 2024. __   Statement on HB 1105 as amended in the Georgia Senate committee process from former Gwinnett County Sheriff Butch Conway – March 16, 2024 I write a note to […]

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Immigration enforcement experts on ICE detainers – continuing education.

The below statements and remarks were collected on Friday, March 15 and Saturday, March 16, 2024.

Sen. John Albers – Senate Public Safety committee chairman.

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Statement on HB 1105 as amended in the Georgia Senate committee process from former Gwinnett County Sheriff Butch Conway – March 16, 2024

I write a note to thank Rep. Petrea for sponsoring HB 1105 and to express my educated and experienced support for the intent of important legislation. It is glaringly obvious that we have sanctuary counties in Georgia and sadly, this dangerous fact has been a well-kept secret despite the years-long efforts of Mr. D.A. King to expose the dangerous situation.

The current Senate language in HB 1105 can arguably be seen as essentially ensuring that ICE detainers are outlawed in the entire state of Georgia. The Senate version totally changes the intent of the House bill and will protect criminal aliens doing harm to our communities and the Sheriff’s whose intent is to keep them in our communities. Shame on them.

Perhaps nowhere in the state is a strong version of HB 1105 needed more than here in Gwinnett County where the current sheriff has made at least one public announcement that he has no intention of compliance with either OCGA 42-4-14 or OCGA 36-80-23. I am aware of the responses to open records requests that indicate our sheriff has followed through on his policy.

I have known for some time that a powerful lobbying concern is pushing for changes to the procedures and penalties written into the bill. Now I see that a Senate committee has capitulated to the demands of that lobbying effort.

I urge all concerned to reject the amendments made in Senate Public Safety committee.

ICE detainers are issued and signed under authority of multiple federal laws and are the source of great fear on the part of criminal illegal aliens. Whether or not it is an intentional move to ensure no illegal alien is ever picked up by ICE from a Georgia jail, the change to HB 1105 that would require a criminal arrest warrant signed by a judge or magistrate would have that effect.

I was proud to use the 287 (g) program in the Gwinnett jail. Use of that program saved lives and tax dollars because it represented a clear promise to criminal aliens that we were serious about encouraging federal authorities to take custody of the illegal aliens who landed in our jail because of an arrest for violation of Georgia laws.

Until my retirement at the end of 2020, I was proud to serve in law enforcement for forty years, first with the Gwinnett County Police Department, then seven years as a magistrate judge, five years as Chief of Police in Lawrenceville and then 1997 – 2020 as Gwinnett County Sheriff.

Please feel free to contact me if I can be of any more assistance. Please feel free to distribute this note as you may find useful.

Best regards,

Butch Conway

Dacula

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STATEMENT BY TOM HOMAN ON THE SENATE VERSION OF HB 1105

 Mr. Homan is a former police officer and government official who served during the Trump Administration as Acting Director of the U.S. Immigration and Customs Enforcement.

The proposal of the Georgia Senate Public Safety committee that detainers not be complied with without a judicial warrant is based on a misunderstanding of both the Constitution and the nature of immigration detainers.

The Fourth Amendment protects “the people” from “unreasonable” searches and seizures. It seems obvious that citizens of foreign countries who have entered our country illegally are not part of the people of the United States. For example, courts have held they have no right to own firearms, because the Second Amendment protects “the right of the people to keep and bear arms.” So, to be blunt about it, illegal aliens probably don’t have Fourth Amendment rights to begin with. They are citizens, just not of this country.

But it’s not as if we want to do anything unreasonable to illegal aliens anyway. In fact, even if illegal aliens did have Fourth Amendment rights—if the amendment were not limited to “the people”—there would be nothing in the Constitution against federal officers’ detaining them on probable cause to believe they are in the country unlawfully. And nothing against state officers’ cooperating in that detention based on that probable cause.

That’s because these things are reasonable. In fact, they are necessary for a functioning system. Every country in the world, including ours, has a civil immigration system, not a criminal one. Illegal aliens are detained, pending their removal, because they are not supposed to be here in the first place, not because they have committed a crime (though often they have). Detaining illegal aliens is nothing else than securing the border, at a physical distance from the border. And it is completely reasonable, under the Fourth Amendment, to detain them on a probable cause showing that they have committed the civil offense of being in the country unlawfully. It’s been done that way since the founding of our country. And it is reasonable, as it is always reasonable in other contexts, for state law enforcement to cooperate with federal law enforcement based on that probable cause.

The Georgia Senate wants a requirement of a judicial warrant before state jailers can cooperate in immigration detention. That would needlessly gum up the process and make this law ineffective. Judges are not well-placed to decide whether there is probable cause to believe an alien is in the country unlawfully. If called upon to decide that, a judge would have to ask ICE, and rely on ICE’s databases. And asking a judge to issue a criminal warrant based on probable cause to believe a crime has been committed would always result in a denial in this context—just because the offense is civil, not criminal. And civil warrants, such as ICE detainers, are traditionally issued by administrative agencies, not courts. ICE has the pertinent data here and is best positioned to make this initial determination of probable cause.

Our immigration system was carefully constructed. It is time-tested, and legal. It is past time to help sheriffs and other state law enforcement do their duty to protect our people from the increasingly dangerous illegal aliens that are being flooded into our country. Securing the border—and that’s what this law helps do—saves lives, now more than ever.

Tom Homan

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 Response to changes to HB 1105 in the senate Public Safety Committee on March 14 from ‘Hart Celler’ – a nom de plume for an active U.S. Federal immigration enforcement agent. See @8USC12 on Twitter/X.

“Any law which would require the production of an almost unobtainable document rather presumably to ensure due process for aliens and/or prevent lawsuits alleging violations of aliens’ rights does nothing to further public safety of Georgians any more than being a sanctuary encourages unlawfully present crime victims or witnesses to report crimes. The aliens ICE requests continued detainment of, pending transfer to Federal custody have already committed a crime in Georgia in violation of reasonable expectations regarding order and discipline necessary for life, liberty, and the pursuit of happiness.

Of 20,127 criminal cases in FY 2023 for the two most common criminal immigration offenses, 8 U.S.C. § 1325(a) and 1326, only 84 occurred in Georgia, and the majority, 61 were in the Northern District of Georgia for the latter, which is an offense where an alien has returned to the United States after having been previously deported.”

  • See @8USC12 on Twitter/X.

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Email (copied to us) sent to Senator John Albers, Chairman of the Senate Public Safety Committee by Bob Trent in St. Mary’s, GA. Mr. Trent is a former Border Patrol agent, former INS agent and retired Assistant Director, Enforcement Training, U.S. Immigration Officer Academy, Federal Law Enforcement Training Center, Glynco, GA.

I have just listened to the hearing you held yesterday on HB 1105 and I am blown away. You had a strong bill, until you removed the ICE detainer and replaced it with a requirement for a US Magistrate warrant. This pretty much neuters the bill.

I am a retired Senior Special Agent of the former US INS, with many years of immigration enforcement experience. In all of my years I have never heard of ICE (formerly Deportation Operations under INS) where obtaining a US Magistrate warrant.

All deportation/removal proceedings come under the Immigration & Nationality Act (1952), which makes the laws all administrative and not criminal.

The current wording all but shuts down any chance of ICE taking custody of criminal illegal aliens before they are released from jail.

Robert M. Trent, Senior Special Agent, USINS (Ret)
Saint Marys, Georgia

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Email received here March 15 from Jessica Vaughan at CIS

Hi D.A.,

This is my assessment of the proposed requirement that Georgia law enforcement agencies should refuse to comply with immigration/ICE detainers unless accompanied by a “judicial” or court-ordered warrant.

Any requirement for Georgia law enforcement agencies to demand a “judicial” or court-ordered warrant in order to hold aliens on an ICE detainer is unreasonable and will effectively shut down ICE’s ability to take custody of deportable criminal aliens upon disposition of their case or sentence.  The so-called “judicial” warrant is a legal fiction in the context of immigration enforcement.

Federal immigration law authorizes ICE to issue detainers, which are in practice accompanied by a statement of probable cause that an alien is removable and a warrant of arrest or a warrant of removal.  These ICE warrants are reviewed and approved by ICE supervisory officers.  Neither immigration judges nor federal judges can issue such a warrant, and it is not required under federal law.  With such a requirement, all law enforcement agencies would be required to release criminal aliens back to Georgia communities if ICE is not able to be present at the very moment of sentencing or release from jail or prison.

Congress provided ICE with the authority to issue detainers for the very purpose of making sure that those deportable aliens who have been arrested by local authorities can be placed into removal proceedings or removed if a judge has already issued a final order of removal, and so that they are not able to remain here in defiance of immigration laws, thereby protecting the community at large.  If Georgia were to adopt this requirement, it would become a sanctuary state for criminal aliens.

I hope that is clear and meets your needs.  I would be happy to discuss with any of the legislators.  Regards, Jessica

Jessica M. Vaughan (BIO)

Director of Policy Studies

Center for Immigration Studies

(774)291-9005

@JessicaV_CIS

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Email received from George Fishman – former deputy counsel at DHS on March 15, 2024

D.A.,

I hope this helps:

I am the senior legal fellow at the Center for Immigration Studies. During the Trump administration, I served as a deputy general counsel at the Department of Homeland Security from 2018-2021 and also as acting chief counsel at U.S. Citizenship and Immigration Services from 2020-2021.  I was the chief Republican counsel for the House Judiciary Committee’s immigration subcommittee from 1998 to 2018.  I graduated from the University of Michigan Law School in 1988.

Detainers are notices issued by U.S. Immigration and Customs Enforcement and other DHS units that ask local, State and Federal law enforcement agencies not to release suspected removable aliens held at their facilities for a short period in order to give ICE an opportunity to take them into its custody. They are a vital law enforcement tool for ICE, which issues thousands of detainers each month (and prior to the current administration issued over 10,000 most months). This chart was prepared by the Transactional Records Access Clearinghouse at Syracuse University (https://trac.syr.edu/reports/719/):

ICE issues detainers under its administrative powers.  There is absolutely no requirement or need for it to seek judicial warrants. In fact, it would be as a practical matter impossible for ICE to obtain unnecessary judicial warrants in the volume necessary to successfully carry out its law enforcement mission.  Such a requirement would vitiate the effectiveness of detainers as an effective tool to take criminal removable aliens off of our streets and out of our communities.

George Fishman

Senior Legal Fellow

Center for Immigration Studies

202-525-9576

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Email received from the Center for Immigration Studies for Andrew Arthur – retired federal immigration judge – bio here.

D.A.: Just post this. It says it all.

Immigration Judicial Warrants Don’t Exist

Time to pull the sanctuary jurisdiction fig leaf

By Andrew R. Arthur on September 17, 2019

Of late, I have written a number of posts about sanctuary policies issued by jurisdictions that deny that they are sanctuaries. Part of their shtick is to assert that they would comply with detainer requests that are accompanied by “judicial warrants”. Of course in the immigration context, there is no such thing.

In this blog, I borrow freely from my colleague Dan Cadman, who wrote about a similar issue in July 2018. The points that Cadman made remain relevant, and bear repeating.

But first, the contentions. One of the sanctuary policies (and probably one of the worst ones I’ve ever heard of) comes out of Montgomery County, Md. It includes the following: “Immigration detainers, that are not accompanied by judicial warrants, are civil detainers for which the federal government bears sole responsibility.” I have no idea why the extra commas were included in that sentence, nor what exactly “sole responsibility” consists of. Immigration detainers are, however, civil detainers, because immigration proceedings are civil — as opposed to criminal — in nature. Immigration detention is, however, detention, and the authority for such detention has been recognized as valid since the 19th Century.    read the entire education here.

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Observation received via text from Jon Feere,  

Mr. Feere previously served in the Department of Homeland Security (DHS) at U.S. Immigration and Customs Enforcement (ICE) as the Senior Advisor to the Director and as ICE’s Chief of Staff from January 2017 to January 2021.

ICE simply isn’t going to be seeking judicial warrants or any other sign-off from any other part of the government while issuing detainers – not under the Biden administration, not under the Trump administration, or under any administration. Congress made ICE the sole authority to issue detainers and chose not to pull any other part of the government into the process. Only sanctuary city advocates try to add levels of process, and they do so because they know it’s a way of undermining immigration enforcement. Any state policy that requires ICE to obtain permission to do its job is effectively a sanctuary policy.

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Line

270 – No person identified by the LESC of the United States Department

271 of Homeland security pursuant to this subsection shall de detained unless a request to

272 detain has been received pursuant paragraph (2) of this subsection or the existence of

273 an arrest warrant issued by the United States Immigration and Customs Enforcement

 

274 Division of the Department of Homeland Security a federal judge, or federal magistrate for each person verified.

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]]> 10055 Immigration Judicial Warrants Don’t Exist HB 1105 https://newdustininmansociety.org/immigration-judicial-warrants-dont-exist/ Fri, 15 Mar 2024 18:37:03 +0000 https://newdustininmansociety.org/?p=10037   From the Center for Immigration Studies in Washington D.C. Time to pull the sanctuary jurisdiction fig leaf By Andrew R. Arthur on September 17, 2019 Of late, I have written a number of posts about sanctuary policies issued by jurisdictions that deny that they are sanctuaries. Part of their shtick is to assert that […]

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From the Center for Immigration Studies in Washington D.C.

Time to pull the sanctuary jurisdiction fig leaf

By Andrew R. Arthur on September 17, 2019

Of late, I have written a number of posts about sanctuary policies issued by jurisdictions that deny that they are sanctuaries. Part of their shtick is to assert that they would comply with detainer requests that are accompanied by “judicial warrants”. Of course in the immigration context, there is no such thing.

In this blog, I borrow freely from my colleague Dan Cadman, who wrote about a similar issue in July 2018. The points that Cadman made remain relevant, and bear repeating.

But first, the contentions. One of the sanctuary policies (and probably one of the worst ones I’ve ever heard of) comes out of Montgomery County, Md. It includes the following: “Immigration detainers, that are not accompanied by judicial warrants, are civil detainers for which the federal government bears sole responsibility.” I have no idea why the extra commas were included in that sentence, nor what exactly “sole responsibility” consists of. Immigration detainers are, however, civil detainers, because immigration proceedings are civil — as opposed to criminal — in nature. Immigration detention is, however, detention, and the authority for such detention has been recognized as valid since the 19th Century.

It continues:

No agent or department may arrest or detain a person based on an Administrative Warrant, an Immigration Detainer, or any other directive by DHS, on a belief that the person is not present legally in the United States or has committed a civil immigration violation.

As set forth below, detainers are not issued “on a belief that the person is not present legally in the United States or has committed a civil immigration violation”, but rather upon probable cause of those facts. That is simply an aside, however.

Not to be outdone by his neighbor to the south, on July 24, 2019, Baltimore County, Md., Executive John “Johnny O” Olszewski, Jr. (D) affirmed that an executive order captioned “Upholding Law Enforcement Standards on Immigration Status, Diversity and Equity”, issued by one of his predecessors, the late Kevin Kamenetz, remains in effect countywide. Paragraph 4 of that order states:

No personnel within the Police Department or Department of Corrections shall cause to be detained any individual beyond their court ordered release date, except upon reasonable belief of the existence of an order of detainer issued by a properly recognized judicial official. [Emphasis added.]

I have no idea what a “properly recognized judicial official” means in this context. As an immigration judge, I was properly recognized as a judicial official by the circuit courts, but it likely is intended to refer to a federal district court judge or federal magistrate.

Detainers are governed by 8 C.F.R. §287.7(a), which states:

Detainers in general. Detainers are issued pursuant to sections 236 and 287 of the [Immigration and Nationality] Act [INA] and this chapter 1. Any authorized immigration officer may at any time issue a Form I-247, Immigration Detainer-Notice of Action, to any other Federal, State, or local law enforcement agency. A detainer serves to advise another law enforcement agency that the Department seeks custody of an alien presently in the custody of that agency, for the purpose of arresting and removing the alien. The detainer is a request that such agency advise the Department, prior to release of the alien, in order for the Department to arrange to assume custody, in situations when gaining immediate physical custody is either impracticable or impossible. [Emphasis added.]

Also pertinent is 8 C.F.R. §287.7(d):

Temporary detention at Department request. Upon a determination by the Department [of Homeland Security (DHS)] to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.

Section 236(a) of the INA (discussed further below) provides for the arrest and detention “[o]n a warrant issued by the Attorney General [AG]” of an alien pending a determination of whether that alien should be removed from the United States. Section 287(d) of the INAstates:

Detainer of aliens for violation of controlled substances laws

In the case of an alien who is arrested by a Federal, State, or local law enforcement official for a violation of any law relating to controlled substances, if the official (or another official)-

(1) has reason to believe that the alien may not have been lawfully admitted to the United States or otherwise is not lawfully present in the United States,

(2) expeditiously informs an appropriate officer or employee of the Service authorized and designated by the Attorney General of the arrest and of facts concerning the status of the alien, and

(3) requests the Service to determine promptly whether or not to issue a detainer to detain the alien,

the officer or employee of the Service shall promptly determine whether or not to issue such a detainer. If such a detainer is issued and the alien is not otherwise detained by Federal, State, or local officials, the Attorney General shall effectively and expeditiously take custody of the alien.

As the foregoing demonstrates, section 236 of the INA is more general, while section 287 of the INA is more circumscribed and intended for the specific benefit of other federal agencies, states, and localities. Neither of those provisions provides for, or more importantly requires, a “judicial warrant”, however.

In fact, section 236 of the INA specifically references a warrant issued by the AG, now the Secretary of Homeland Security. The regulations specifically stipulate who may issue such a detainer:

(1) Border patrol agents, including aircraft pilots;

(2) Special agents;

(3) Deportation officers;

(4) Immigration inspectors;

(5) Adjudications officers;

(6) Immigration enforcement agents;

(7) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed in this paragraph; and

(8) Immigration officers who need the authority to issue detainers under section 287(d)(3) of the [INA] in order to effectively accomplish their individual missions and who are designated individually or as a class, by the Commissioner of CBP, the Assistant Secretary for ICE, or the Director of the USCIS.

Again, there is no regulatory provision for a federal judge to issue a detainer, let alone a warrant.

Notably, the new detainer form (I-247A) specifically states “DHS HAS DETERMINED THAT PROBABLE CAUSE EXISTS THAT THE SUBJECT IS A REMOVABLE ALIEN,” and is signed by the appropriate immigration officer. Not a “belief” — probable cause.

A review of the foregoing provisions indicates that, with the specific exception in section 287(d) of the INA, neither explicitly authorizes detainers (nor do they prohibit them) but the regulations plainly do authorize the issuance of detainers. As Cadman has noted, however, detainers “are — and have been for generations — a standard protocol for asking cooperation from law enforcement agencies when seeking to take custody of aliens.” He continues:

What’s more, the filing of detainers, colloquially known as “holds”, is a standard practice throughout U.S. law enforcement at every level. Virtually all agencies seek such assistance from one another, knowing that if the system of cooperation breaks down, then all public safety is compromised.

Could you imagine how difficult it (and dangerous) it would be if, say, the FBI had to get a judicial warrant in order to put a hold on a suspected terrorist in state or local custody?

Cadman’s post specifically related to an order that was issued by Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania in City of Philadelphia v. Sessions, which had to do with the provision of funding to states and localities that did not comply with certain conditions related to immigration enforcement imposed by the U.S. Department of Justice (DOJ) under the federal Edward Byrne Memorial Justice Assistance Grant Program (“Byrne JAG”).

Judge Baylson issued a memorandum adding to his final judgment (holding that DOJ could not condition those grants) to provide for the following:

To the extent an agency of the United States Government has probable cause to assert that an individual in the custody of the City of Philadelphia is a criminal alien (as previously defined by this Court in City of Philadelphia v. Sessions, 2018 WL 2725503, *n. 3, (E.D. Pa. June 6, 2018)), and seeks transfer to federal custody of such individual within a city facility, it shall secure an order from a judicial officer of the United States for further detention, as allowed by law.

He did not include a mechanism to “secure an order from a judicial officer of the United States” in that memorandum and, as noted, none is apparent. Or, as Cadman noted:

Exactly what kind of “court order” are ICE agents to seek when asking authority to detain an alien? There is no provision in the INA — no provision whatsoever — for judicial orders. Nor do they exist in any other federal statute. What the INA does specifically provide for is arrest of aliens, with or without warrant, for violations of the immigration laws — but the warrants authorized by Congress are not judicial warrants, and deliberately so.

He specifically referenced sections 236(a) and (c) of the INA, which state:

(a) Arrest, Detention, and Release.

-On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States.

…

(c) Detention of criminal aliens.-

(1) Custody. The Attorney General shall take into custody any alien who [is inadmissible or deportable for criminal offenses defined under several sections of the INA] when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. [Emphasis added.]

Cadman continued:

There is absolutely no reference in any of the above citations for a need to present …please read the rest here from CIS.

 

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]]> 10037 Open records request (4of 4) to Glynn County Sheriff’s Office Dec. 29, 2022 Jose Luis Galvan-Chavez/Jose Lopez Gutierrez – OCGA 42–4-14 https://newdustininmansociety.org/open-records-request-4of-4-to-glynn-county-sheriffs-office-dec-29-2022-jose-luis-galvan-chavez-jose-lopez-gutierrez-ocga-42-4-14/ Tue, 03 Jan 2023 20:30:26 +0000 https://newdustininmansociety.org/?p=8119 The below post is in process and incomplete. _____ Jose Lopez Gutierrez. FBI #: L5HFF9PA9 State ID # (SID): GA5178569P _____ The below was sent to the GCSO at 3:52 PM January 3, 2023. _ Undersheriff Morales, please see below my original request from Dec. 29, 2022. Because of your quick response and the many […]

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The below post is in process and incomplete.

_____

Jose Lopez Gutierrez.

FBI #: L5HFF9PA9

State ID # (SID): GA5178569P

_____

The below was sent to the GCSO at 3:52 PM January 3, 2023.

_

Undersheriff Morales, please see below my original request from Dec. 29, 2022. Because of your quick response and the many emails we exchanged, there may be some error on my part here, but I do not see that I have received the items that I have highlighted in bold italics from that request. Will you please send or resend those records?

I am looking for any and all records (paper of electronic) that indicate contact and reply from federal authorities on the apparent GCSO query on immigration status for the individual now known as Jose Lopez Gutierrez.

* Also, in sorting through my sent email from last week, I see that I sent you an “off topic” email in error. The photo of my fresh-picked peppers was meant for another recipient who is a gardener and also a Marine. I am very sorry for the mistake.

Thank you,
D.A. King
_

My original request:

As discussed, please send me a copy of any booking report for a subject who was confined in your jail using the name Joe Luis Galvan-Chavez, aka Jose Luis Galvan-Chavez who was booked into Glynn County Sheriff Office jail on or about Friday, 23 Dec. 2022.
Please include a copy of any intake photo of subject.
 Please include a copy of any electronic record or document that may indicate alternate identity or name/alias of this person.
Please include a copy of any document or record that indicates country of birth of this subject – or GCSO effort to discern country of birth.
Please include a copy of any electronic record or document that illustrates GCSO compliance with OCGA 42-4-14, including contact with LESC or other official source regarding immigration status of this subject – if he is foreign born.
Please include a copy of any document or record pertaining to any existing ICE hold on the subject.
Thank you for your professional and patient treatment on the phone this morning.
Thank you for what you do.
Respectfully,
D.A. King
The Dustin Inman Society
2984 Lowe Trail
Marietta, GA. 30066
____
Reply:
The reply from Undersheriff Morales includes the below ICE detainer notice.
Image 1-5-23 at 11.31 AM.jpeg

 

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]]> 8119 On arrogance: GA Star News and John Fredericks’ radio show, January 2022 – Audio https://newdustininmansociety.org/arrogant-people-and-ga-rep-charlice-byrd-on-john-fredericks-radio-show-january-2022/ Sun, 30 Jan 2022 22:39:48 +0000 https://newdustininmansociety.org/?p=6895   I know a lot of very arrogant people. I try to stay  away from them as much as possible. I first learned of Ga Star News in a very slanted “news” piece in the Democrat AJC – they used Media Matters as a source. We assume the SPLC & ADL were busy that day. […]

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I know a lot of very arrogant people. I try to stay  away from them as much as possible.

I first learned of Ga Star News in a very slanted “news” piece in the Democrat AJC – they used Media Matters as a source. We assume the SPLC & ADL were busy that day. It was bad enough that I took the time to record it and comment on my blog. No good deed goes unpunished.

I first spoke to John Fredericks about eighteen months or so ago when I was trying to buy an ad on GA Star News and also asked if he would accept OPED submissions from an experienced expert on immigration politics in Georgia. I told him about the defense I had offered on the AJC hit. I sent him an OPED but never heard back.

Later in that same month I called to ask about the submission and buying an ad.  I had asked supporters for donations to buy the advertisement space. This character hung up on me in a business phone conversation while I was trying to spend $700 on ad space on the Ga Star News site. There is more.

Fredericks seems to have conflicting opinions on illegal immigration. Most pro-enforcement conservatives I know don’t condone or accept illegal aliens getting drivers licenses to “get to their jobs…” Maybe I mis-understood him one of the two times I have ever heard him on the air. You be the judge.

Below is the audio from earlier this month of Fredericks interviewing my friend state Rep Charlice Byrd about an election integrity bill (HB 228) we are struggling to get to a committee hearing. I don’t think Fredericks understands the legislation.

 

 

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]]> 6895 ACTION NEEDED – please use the below information in an email and phone call to your state legislator: Three Georgia bills https://newdustininmansociety.org/action-needed-please-use-the-below-information-in-an-email-and-phone-call-to-your-georgia-state-legislator/ Sat, 22 Jan 2022 18:22:07 +0000 https://newdustininmansociety.org/?p=6856 ACTION NEEDED, PLEASE.  We trust you already know who your state lawmakers are. If not, please click here to find out and see contact information. January 22, 2022 Below you can see short explanations of three bills pending under Georgia’s Gold Dome. Powerful, well-funded lobby groups are pushing the Republican-controlled legislature to pass HB 120 […]

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Photo: Georgia Health News

ACTION NEEDED, PLEASE. 

We trust you already know who your state lawmakers are. If not, please click here to find out and see contact information.

January 22, 2022

Below you can see short explanations of three bills pending under Georgia’s Gold Dome. Powerful, well-funded lobby groups are pushing the Republican-controlled legislature to pass HB 120 and HB 932. The same forces are trying to kill HB 228. Please make your voice heard. Contact your state legislators now and often. There will be more bills analyzed here soon. We need help.

* HB 120 would give illegal alien college students living in Georgia with a deferral on deportation in Obama’s DACA program the much lower instate tuition rate in public colleges and technical schools. Americans and legal immigrants from other states who attend the same schools are not eligible for that lower rate and must pay out-of-state tuition.

For academic year 2020-2021, the average tuition & fees for colleges in Georgia was $4,739 for instate and $17,008 for out-of-state according to experts at collegetuition.com.

Last year a federal judge ruled the DACA program to be unlawful. The 11th circuit appellate court ruled in 2019 that illegal aliens with DACA are still illegal aliens. They do not have legal status and are removable at any time. The Georgia Attorney General’s office takes a similar position. There are about 20K DACA recipients in GA.

Republican Rep. Kasey Carpenter introduced HB 120 in 2021. It puts DACA illegal aliens in front of Americans and legal immigrants. We regard that as un-American. The instate tuition for illegals concept is publicly pushed by the Georgia Chamber of Commerce because it would lower wages for Americans and raise corporate profits.The Dustin Inman Society opposes HB120.

Ask your state Rep to oppose. Then call and or email the Speaker’s office (404-656-5020) and leave a polite message with your opinion on this bill. These phone lines have voice mail so you can call on weekends and after business hours.

* HB 932 would allow refugees, foreigners here on Special Immigrant Visas (SIV) and Afghans on “humanitarian parole” to be excluded from the current state law and BOR policy that says newly arrived college students must be GA residents for 12 months before they can access the much lower instate tuition rate in Georgia’s university system. (The Special Immigrant Visa grants permanent residence to foreign nationals who claim to have helped the U.S. government abroad).

HB 932 does not cover Americans and immigrants outside the above description who move to Georgia from other states – they would still be required to pay the higher tuition rate for public colleges/tech schools for the first year of their residence.

HB 932 is sponsored by Republican Rep Wes Cantrell and has Democrat cosponsors. We regard HB 932 as un-American. The Dustin Inman Society opposes HB 932.

Ask your state Rep to oppose. Then call and or email the Speaker’s office  (404-656-5020) and leave a polite message with your opinion on this bill. These phone lines have voice mail so you can call on weekends and after business hours.

 * HB 228 (Republican Rep Charlice Byrd) addresses the fact that Georgia issues drivers licenses and ID Cards to foreigners but has no law that excludes these credentials from acceptance as “proper identification” for voting purposes. The bill fixes that loophole and adds the wording “BEARER NOT U.S. CITIZEN-NOT VOTER ID” to the front of the non-citizen drivers licenses and ID Cards. It also requires DDS to change the first two characters of the serial number of these credentials to “NC” to reflect non-U.S. citizen status for mail-in vote security. We regard this bill to be a commonsense fix to a needless gap in election integrity. The Dustin Inman supports HB 228.

Ask your state Rep to help with passage as a cosponsor. Then call and or email the Speaker’s office – (404-656-5020) and leave a polite message with your opinion on this bill. These phone lines have voice mail so you can call on weekends and after business hours.

 More information is easily accessed at ImmigrationPoliticsGA.com and NewDustinInmanSociety.org.          dak – 22 Jan 2022

*Updated, Jan 24, 2022 5:03 PM with a correction on HB 932 to “the state’s university system.”

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]]> 6856 HB 228 latest committee substitute – this version is not online at the General Assembly website – see bottom for sponsors https://newdustininmansociety.org/hb-228-latest-committee-substitute/ Sat, 16 Oct 2021 15:52:36 +0000 https://newdustininmansociety.org/?p=6516 Sponsors No.Number in list Name District 1. Byrd, Charlice 20th 2. Powell, Alan 32nd 3. Kelley, Trey 16th 4. Williamson, Bruce 115th 5. Gravley, Micah 67th 6. Leverett, Rob 33rd Committees House Committee: Special Committee on Election Integrity Senate Committee: N/A

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Sponsors

No.Number in list Name District
1. Byrd, Charlice 20th
2. Powell, Alan 32nd
3. Kelley, Trey 16th
4. Williamson, Bruce 115th
5. Gravley, Micah 67th
6. Leverett, Rob 33rd

Committees

House Committee:
Special Committee on Election Integrity
Senate Committee:
N/A

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]]> 6516 Democrat candidate for GA Sec of State Bee Nguyen’s bill to document “the undocumented” *Updated https://newdustininmansociety.org/democrat-candidate-for-ga-sec-of-state-bee-nguyen-bill-to-document-the-undocumented/ Sun, 12 Sep 2021 19:06:36 +0000 https://newdustininmansociety.org/?p=6407 No Republican sponsors for driver’s cards and state ID to illegal aliens bill yet _____ *Update July 5, 2022: Nguyen has also staked out her position on immigration enforcement. “A Georgia Democratic nominee repeatedly called to abolish U.S. Immigration and Customs Enforcement (ICE) and argued that carrying out the country’s immigration laws is rooted in […]

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Rep Bee Nguyen

No Republican sponsors for driver’s cards and state ID to illegal aliens bill yet

_____

*Update July 5, 2022: Nguyen has also staked out her position on immigration enforcement.

“A Georgia Democratic nominee repeatedly called to abolish U.S. Immigration and Customs Enforcement (ICE) and argued that carrying out the country’s immigration laws is rooted in “white supremacy” and “xenophobia.”

Washington Free Beacon, Judy 5, 2022

“This Georgia Dem Wants To Abolish ICE and ‘Shut Down’ Illegal Immigrant Detention Centers

Bee Nguyen called immigration enforcement agency ‘rogue,’ ‘cruel’ – read the full story HERE.

______

 

Democrat Rep and candidate for Secretary of State Bee Nguyen (“Access, Equity, Efficiency”) wants to give drivers licenses (“Driver’s Cards”) and state ID cards to Georgia’s estimated 400,000-ish illegal aliens. That’s the goal of her HB 833, that was introduced three days before the end of the 2021 legislative session. The measure would include commercial driver’s licenses (“Drivers Cards”) for the illegals. Yes, it is still illegal to employ illegal aliens. Nguyen calls it the “Freedom to Drive Act.”

Bee Nguyen’s bill is so ridiculous that we assume it is more of a campaign maneuver than a serious attempt at legislative success. The illegal alien lobby loves it. The Georgia Budget and Policy Institute loves it. The liberal Atlanta Journal Constitution loves it and is carrying out an aggressive sales campaign. The Georgia Chamber of Commerce loves it – but quietly. So far, the bill has no Republican cosponsors.

In today’s “new Georgia” a candidate to lead the state office that organizes and oversees all election activity, including voter registration and municipal, state, county, and federal elections is trying to document “the undocumented.” And she is willing to accept the unverifiable ID foreign governments give to illegal aliens as acceptable documents obtain that documentation. An example is the  Mexican matricula consular ID.

How insecure are the Mexican matricula consular cards? I have two of them.

In 2003 testimony titled “Consular ID Cards in a Post-9/11 World” the FBI told congress the matricula consular is “not a reliable form of identification.” Also in Nguyen’s bill is a provision to accept passports issued to illegal aliens by foreign governments after they cross our borders illegally and set up housekeeping in Georgia.

* Related reading: ‘The Half-Baked Immigration Response to 9/11’

Illegal aliens would also be allowed to bring in phone bills, rent receipts and deportation related papers to “prove” their identity and residence on applications for Bee Nguyen’s proposed new Georgia ID.

Nguyen and her cosponsors are apparently hoping to move Georgia closer to becoming the California of the east. We call it “Georgiafornia.” In 2004 Tennessee Democrats tried the “drivers cards” and ID to illegal aliens idea. They ended that adventure after two years and a federal investigation that exposed the extreme level of fraud, bribery and the fact that illegal aliens from other states were flocking to Tennessee to get “documented.” Georgia is already home to more illegal aliens than Arizona. Most of us don’t want to make it easier for them to vote.

In Bee Nguyen’s proposed change to state law, documents used by illegal aliens on the application for ID and driving credentials could not be used for a state criminal investigation unless there was an order by a federal judge. That includes the application itself.

This dangerous bill would be laughed out of a legislative committee in Mexico where illegal aliens have a zero chance of legally obtaining driving credentials. – It should be treated with even less seriousness here.

HB 833 text.

Sponsors: Nguyen, Bee ,  Schofield, Kim 60th , Lim, Marvin 99th , Park, Sam 101st, Marin, Pedro “Pete” 96th6 , Boddie, William 62nd

Rep. Bee Nguyen is going in the wrong direction. This is a clear effort to make Georgia even more illegal alien-friendly and to appeal to the far left. It’s an anti-enforcement immigration bill.

 Nguyen’s bill expands on existing Republican policy

It is important to know that Republican-ruled Georgia already quietly issues drivers licenses and ID cards to about 20,000 illegal aliens who are DACA recipients. They are identical to the documents given to legal immigrants and guest workers and foreign students here on legal, temporary visas.

Pro-enforcement voters should be active in stopping Nguyen’s dangerous legislation.

There is a much better idea in the works

Update July 5, 2022: HB 228 described below was killed by GOP leadership in the Georgia House without ever seeing a committee vote.

Rep Charlice Byrd. Photo: Ga General Assembly

For additional voter and identification security, we direct attention to the pending HB 228 sponsored by Rep Charlice Byrd (R, Woodstock) which would mark all non-citizen driving and ID credentials, with “BEARER NOT U.S.CITIZEN – NOT FOR VOTING PURPOSES.”

Amazingly, Rep Byrd’s common sense bill did not come out of the House ‘Committee on Election Integrity’ in the 2021 session. It is still alive for 2022, but faces baseless and ill-informed resistance from the Republican leadership.

Georgians concerned about election integrity should be pressing for passage of Byrd’s bill.

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