Obama Administration Redefines ‘Dangerous’ Illegal Aliens

The US Immigration and Customs Enforcement (ICE) used the Friday before Christmas to release official word that ICE was once again narrowing its definition of who it considers a dangerous individual.

This latest change involves the process of ICE detainers, a topic addressed routinely at Front Page Magazine. ICE detainers are holds, up to two business days, that ICE places on prisoners in municipal prison. These prisoners would otherwise be let go, but because ICE wants to detain them for immigration violations, they continue being held for ICE to pick them up and process them itself. According to a memo dated December 21, 2012, ICE changed its definition of priority to receive such a detainer to someone with three misdemeanor convictions, from one misdemeanor previously.

The pertinent portion of the memo states that “[t]hree or more prior misdemeanor convictions” not including minor traffic misdemeanors or other relatively minor misdemeanors unless the convictions “reflect a clear and continuing danger to others or disregard for the law.” It should be noted that an individual still only needs to be suspected or convicted of any felony in order to warrant an ICE detainer.

This most recent memo augments policy from the most famous memo, now referred to as the Morton Memo, referring to the long-time Director of ICE, John Morton. In that memo, which was released on June 17, 2011, ICE directed all field agents to prioritize dangerous individuals, which the memo defined using an assortment of prior criminal activity. That memo only asked for one misdemeanor conviction. As such, simply being in the country illegally was no longer an ICE investigative priority.

From there, future directives required that a suspect be convicted of a crime before they were a priority for being held in detention. There are only 32,400 beds in all ICE facilities, even though there are roughly 300,000 individuals in the immigration system at any given time. This means that ICE can only hold about one in nine people that it puts in the system.

This directive led to Amado Espinoza-Ramirez, a suspected child molester, being released from ICE custody. Espinoza-Ramirez was moved from custody in Cook County to ICE when he made bond in September 2011. Because of an ICE detainer, Espinoza-Ramirez was transferred to ICE rather than being released. ICE decided not to hold him and released him with a tracking bracelet pending his next immigration hearing. Espinoza-Ramirez removed his tracking bracelet and skipped town instead of showing up for that hearing. He’s now considered a fugitive from justice by ICE.

This latest directive increased the number of misdemeanors to three before someone can even be the subject of an ICE detainer. The directive was an attempt to challenge the perception that ICE detainers were being used to arrest suspected illegal aliens stopped for traffic offenses.

“(The new directive) restricts the use of detainers against individuals arrested for minor misdemeanor offenses such as traffic offenses and other petty crimes,” read the pertinent portion of the memo.

A number of municipalities, including Cook County in Illinois and Santa Clara County in California, passed local ordinances limiting, or totally eliminating, their cooperation with ICE detainers. These municipalities were motivated to act largely because of the perception that ICE was detaining far too many suspected illegal aliens whose initial offense was a traffic stop.

Luis Gutierrez, a Congressman from Illinois, championed the case of Gabino Sanchez. Sanchez, 27, was stopped for a traffic violation in Alabama in 2011. Sanchez came over to the United States in his youth when his mom crossed the border illegally. The stop in 2011 was the sixth time that Sanchez received a traffic violation. This time ICE flagged him upon arrest. Sanchez’s case is still making its way through the federal immigration court system. The new directive should pave the way for ICE to let such individuals go free.

It appears with this directive that President Obama has capitulated to demands of far left municipalities like Cook County and Santa Clara County. These localities screamed about perceived abuses and now it takes three misdemeanors before someone is considered dangerous. Meanwhile, it’s not at all clear that the counties will change their own policies of total non-compliance with ICE detainers back now that President Obama has done his impression of Neville Chamberlain.

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  • harrylies

    The only people in America with a right to talk about illegal immigrants are the Indians. They lost their country to people from Europe.

    • Rifleman

      Lol, you mean the Asian immigrants who had been fighting over this land since they arrived?

      • objectivefactsmatter

        "Lol, you mean the Asian immigrants who had been fighting over this land since they arrived?"

        Their ancestors never had a country, and their descendants still have land. So what's the problem? Harry Lies. He told us this already.

    • objectivefactsmatter

      "The only people in America with a right to talk about illegal immigrants are the Indians. They lost their country to people from Europe."

      What country was that? Who was your history professor? Oliver Stone or Howard Zinn?

    • JacksonPearson

      So in your opine, do you think it's okay for an illegal alien, non U.S. citizen like Barack Hussein Obama II to dictate immigration policy, or turn federal law upside down?

    • EraTateMe

      BS, and I am Native Indian.

    • Mike

      It wasn't a country. It was a open territory. The Indians didn't own anything or have deeds.

      • continuum

        really…perhaps native Indians must have had deeds prepared by invading Europeans in European courts attested by European law makers according to European laws…idiots..

    • aspacia

      NA also attacked and drove neighboring tribes from their lands. The Aztecs were especially brutal carving out the hearts of human sacrifices to their gods. STFW? This is a human story that started at the dawn of humanity.

    • Bob Olson

      Assuming your brainless statement has any credibility. It would seem to me that the "Indians" history should be a tale of what happens when a "country" does not defend it's boarders. If we let as many illiterate third world people cross the boarder that want to, how long will it be before America is degraded to third world status? We can not take every poor uneducated sad sack in the world. Does the term 16.5 trillion in debt mean anything to you?

    • Cahal the Mad

      Boohoo. Take your liberal hate-mongering and move your a$$ to China. EVERY COUNTRY has had SOME peoples who had some land "taken" away at one point or another and they don't whine about it every day. Besides that, "Indians" migrated to North America from Asia to begin with.

  • http://www.adinakutnicki.com AdinaK

    The upshot is this – ALL roads lead to the deconstruction of America, in any way possible. And if allowing illegals to overpower the system is the ticket, then so be it.
    Not only are they eligible to become part of an eventual Dem voter block – illegals and all – but they are part of the plan to destroy the economy too, as they also drain its services.

    Obama's domestic deconstruction plans have several facets, this is one of them . The illegal ends justify the means- http://adinakutnicki.com/2012/12/27/dhs-americas-

    Adina Kutnicki, Israel – http://www.adinakutnicki.com/about/

    • JacksonPearson

      Illegal means nothing to closet muz BHO, because he's illegal himself.

  • bluffcreek1967

    Both Democrats and Republicans have been complicit in allowing hordes of illegal Mexican invaders to cross our borders and remain here without any real consequences for their crimes. Not only are the peasant invaders not punished for their crimes, but both parties are falling over each other in order to be the first that grants them amnesty!? This is pure insanity – yet as a nation we lack the collective will to do anything about it.

    Contrary to popular opinion, Mexicans, by and large, are not good for America. Want proof? Look at the toilet bowl they made of LA County. Mexican gangs everywhere, graffiti, run down neighborhoods, rampant crime, and widespread drug usage within our beloved 'barrios.' Our beautiful and clean white communities have turned into their version of Tijuana. The entire demographics of CA has radically changed and many naive fools think this is a good thing!? We have utterly lost our minds.

    • Guest

      Wonder if Obama and Holder will arm them with the same types of weapons their friends in Mexico got? No border violation if they get their guns from them here, except that pesky one about the mentally unstable, the criminals, and those who’ve show a willful disregard for law. You know, like invading a foreign country?
      My guess is they WANT them loose, AND armed, so they can commit gun crimes which, as always, they will blame on the legal, law-abiding gun owners who have ALWAYS been a major block to the Democrat Left’s desire to take over the country. Permanently. Like Russia back in the bad old days.
      One day, perhaps sooner rather than later, the populace will rise up again, exercising that part of the Constitution that gave/gives them the right to “alter or abolish” an offensive government. And that includes the courts as well.

    • aspacia

      I fled SOCAL in 2005. Las Vegas is turning as bad as SOCAL, and the new superintendent is adopting CA's failed educational policies.

  • Capt_Z1

    Will the left ever understand the word "ILLEGAL"

    • cjk

      Illegal to them is a white man with a gun to protect himself.

    • Shane

      No, to the Treasoncrats, an illegal alien is really an "undocumented Democrat." Democrats are destroying our great country with their spreading the wealth philosophy and their hatred of Capitalism.

  • Drakken

    Import the 3rd world, we become the 3rd world. I for one believe we have the right to preserve our way of life and what we have built and not hand it over to a bunch of 3rd world ingrates. Enough is enough!

    • Toa

      I've heard many a Christian and/or educated Mexican and Mexican-American say exactly what you just said.
      It isn't a "race" thing, regardless of the foolish "Liberal" dogma on this issue.

      • DonMan

        Toa, the majority of illegal aliens are Hispanic and most that support la raza, Mecha, MALDEF and others are all hispanic., Though there are other invaders other than hispanics, the majority are hispanic and they are the group that's marching in the streets demanding amnesty for their illegal family members. So, in that aspect. It is about race or ethnicity…

  • criminalinvaders

    Illegal aliens are criminals and parasites, one and all. Practically everything they do on U.S. soil is illegal. They need to be ferreted out, rounded up like cattle, punished for their numerous crimes, then booted back to whence they snuck in from with such extreme prejudice that they will never, ever think of violating our sovereignty again. Build a wall and deport every last one of these despicable savages. Enough is enough.

  • Shelly

    As an immigrant myself, I fail to see why the rigorous procedure I went through should not be applied to anyone who wants to live in this country. Certainly, this is a country that was built on immigration – but it was legal. It must be again. I am willing to believe that there are many illegals here who are in fact law-abiding citizens who want the best for their families. But they have a problem – they came here illegally and thus broke the law of the land they wanted to call home. That must change – and it will not change unless and until the wrong people are booted from positions of power. A note to those who chose the current scenario in DC – will they heed it? I doubt it.

  • Ghostwriter

    Illegal aliens who commit crimes against native born Americans and legal immigrants to this country should be deported if they're found to be dangerous. They're not doing America any good by staying here.

  • Ben Leucking

    Continued emasculation of the ICE detainer policy sends a clear message to illegal aliens that they have the upper hand with respect to our laws. Add Obama's Amnesty declaration (DACA) to the mix and you now have a growing and sustained surge of invaders pouring across our southern border. Not only are the number of human and drug smuggling incidents increasing, the size of size of individual groups now peaks at 100 and more in Arizona. These increases are not happening because illegal aliens fear the consequence of being apprehended. Quite the contrary…

  • Thomas Wells

    Obama is a dangerous alien.

    • cjk

      Whether or not he's illegal, I don't know, but what I am sure of is that he is dangerous to traditional Americans like myself.

  • Larry

    Help stop illegal immigration:

    SUPPORT NUMBERSUSA: http://www.numbersusa.com

    Numbersusa is a grassroot organization with 1.3 million members, who lobbies in Washington D.C. against illegal immigration and they will show what YOU can do to help. Be sure to sign up for their e-mails that will let you know when the latest bills dealing with illegal immigration are being introduced and how YOU can make a difference! Support Numbersusa!

    PRO AMNESTY POLITICIANS HATE NUMBERSUSA! WATCH THIS: https://www.youtube.com/watch?feature=player_embe

    • aspacia

      I do support them and have for years. The problem is the right likes the cheap labor, and the left likes the very expensive tax paid votes it receives from illegals.

    • Shane

      Yes, I am a member of NumbersUSA, and we were one of the most powerful forces that stopped the Kennedy/McCain mass amnesty law. We must fight again to stop another mass amnesty attempt. Some Republicans think that we must pass a mass amnesty for illegals in order to get more Hispanic votes, but these illegal aliens will eventually become loyal Democrat voters. Also, betraying your base by granting a mass amnesty to illegal alien invaders is just stupid and wrong.

    • DonMan

      Larry I am also along time contributing member and it was so rewarding the wcollectively stopped,Bush, McCain and Ted Kennedy's amnesty push of 2007. Now RINO like Jeb Bush, GW Bush, Chuck shumer, Marco Rubio and otters are trying another amnesty push.. Anyone that works with luis gutirezz and shumer the architect of the last amnesty, means nothing good for America's

  • Barbara Griffith

    The Border Patrol has been setting up check points ten or more miles this side of the Mexican border instead of along the border where it should. Ranchers in AZ are complaining about the drug smugglers crossing their land and doing all kinds of damage, cutting fences etc. One rancher moved his family to town because he was afraid the drug smugglers would harm his wife and kids. He said they had to stay up at night with guns loaded watching the smugglers walk right through their yard and even knocking on their door. All of these ranchers say the smugglers are carrying military weapons. The illegals that have paid the drug cartels to escort them through the desert carry large bundles of pot but Obama's cronies say the Border is safe , but you sure don't see any of them down there any where near it. The only way Morton would go near it is if he had a platoon of armed Marines guarding his ass.

    • Thomas Wells

      The Mexican order has been moved north. It is now somewhere near North Dakota.

  • Drakken

    Barbara, that is why quite a few of those ranchers follow the 3 s Shoot, Shovel, and Shut up.

  • cynthia curran

    My beef is don't hire them, the right complains about them but wants to hire them.

  • burt

    as usual – all the promises up front, then diluting the laws later, quietly.
    Have you heard that, Boehner?

  • jleinf

    Dangerous illegal aliens: Any Mexican national that doesn't belong to a drug cartel or have a semi-auto from operation fast and furious.

  • jerry

    Our government should remember the thousands of immigrants who have gone through the proper channels for admission into the U.S. and have waited years to be called. Instead, we allow the lowest common denoninators of Third World Nations to reside illegally with no fear of deportation. We have come to a sorry state and this last election only underscores the particular result of the Government's indifferance to this outragious situation plaguing our country.

  • Jozy

    So Obama wants to pour the thir world into the United States. Sounds to me like he could easily qualify as a Eurocrat.

  • Dave Francis

    No passing the Amendment to the BIRTHRIGHT CITIZENSHIP BILL effects whether your children receives a decent education in the overcrowded schools, as your children are held back by the young who cannot speak English and need more tuition. The county health facilities are overrun with foreign nationals, which are not just identified with large cities, but now have spread to the most rural hospitals. Each day thousands of illegal aliens procure our Social Security numbers not only use it to steal jobs, but also can be identified with buying cars, real estate then reselling the goods, and then disappearing. My thoughts is some anonymous individual should accumulate a dozen or more Social Security numbers belonging to such apathetic Democratic Senator Harry Reid, Republican Speaker John Boehner, Nancy Pelosi and whatever politicians come to mind and go on a lucrative spending spree with these feeder documents. It might wake them up to the anxiety Americans go through, when they find their credit and lifestyle has been compromised, such as the equity in their home being stolen. Perhaps then they will make it their own crusade, to introduce a Social Security card that identifies the owner by thumb print or retinal scan.

    While we all writhe under the growing federal deficit 16 TRILLION DOLLARS, all 50 states have been forced into the position of supporting the truly unknown numbers of illegal aliens and now President Obama is willing to enact another Amnesty. At the same time we have the foreign neighboring government laughing at us, because unlike the strict laws of Mexico to enter without a visa IS A FELONY? The Lib-Democrats who keep thinking the millions of poverty stricken people who slip through the miles of open border, or join the job market after hopping off a plane as a international visitor and thinking they are bringing prosperity to this sovereign nation are unadulterated demented fools. Each year over a million legal immigrants come to America with professional skills, with many through CHAIN MIGRATION, a vestige of the 1986 Amnesty while the illegal aliens bring nothing but more poverty and a trail of criminal activity. There is huge influx of more illegal aliens pouring into the country, for Obama’s entitlement programs (BIRTHRIGHT CITIZENSHIP) bringing their babies in even huge waves and an astronomical burden on taxpayers. Unions becoming even more powerful, receiving preferential treatment from the already corrupt political parties.

    More draining of the U.S. treasury to pay for so called friends in incompetent foreign countries, and the dismissal of a once powerful military defense, conceding to huge cuts in budgets to pay for the spongers, scroungers and freeloaders amongst the population who have no intentions of finding employment. In this period of soaring job loss Washington should enact and support the LEGAL WORKFORCE ACT that contains a mandatory E-Verify provision, which would allow the official draining of many of the illegal aliens stealing jobs from Americans. Both political parties refuse to behave rationally and show the 24 million unemployed, that they mean business and condemn foreigners who under the impression that we owe them a living. If you want further information and are ready to investigate the lies of both the Democrats and Republicans, check out TEA PARTY.ORG, NUMBERSUSA, ALIPAC, JUDICIAL WATCH, FAIR, and AMERICAN PATROL. The American people should realize it is time for Public Campaign Contributions and not the theft of our liberties by the special interest groups of lobbyists, the wealthy, big unions, foreign governments, corporations (Domestic and International) and a whole range of other entities eviscerating the American population.

  • Dave Francis

    America is going onto the rocks because those in Congress are steering us blindly, not taking care of the major issues facing us? This country is spending far beyond its means and to proof it, one of the few rational Republicans namely Ron Paul is giving up in disgust and leaving his seat. Obama has become a dictator in the eyes of the TEA PARTY and millions of average citizens and refuses to give up his ideology of tax and spend. This president doesn’t seem to think the illegal alien invasion doesn’t affect you, think again? It might be a few extra pennies from the taxes you pay to the IRS, but it also affects you daily family life as your job in lower wages, poor working conditions, and the traffic you are confronted with every day on the ever increasing jammed highways of this country and the growing balkanization of our language. Then we have the DREAM ACT that contradicts the fundamental principles of our policies; passing presidential laws and abridging the House committees. The Dream act for example is the dire consequences of misinterpreting the edicts of the 14th Amendment.

    This Amendment was for the Emancipation of slaves, giving them the right to citizenship after the War Between the States. The Dream Act had a presidential passport to fulfillment, so it is what it is. But now all legal citizens and residents must involve themselves with the Birthright policy, or this unfair immigration will just continue, bring to our soil a more and more foreign children that we are forever paying. If laws must be changed, the “Rule of Law” must be invoked and no more illegal entrance given asylum and a fair farm bill allowing a moderate number of regulated aliens with temporary visas, but with no allowances to stay after their papers expire. All must be tracked; including overstays who fly into America.

    Birthright Citizenship was never meant for every pregnant Mother’s baby that entered our country undetected and then claiming citizen birthright for their sons and daughters. The Illegal alien invader hasn’t climaxed, and everybody should envision the massive costs to the taxpayer in health, schooling and government voucher housing and other public services. The Dream Act is the failure of both spineless parties to build a rampart fence, between the magpie governments who are stealing our countries wealth, through not inhibiting cheap labor or our own inveterate business owners who silently welcome them. Priority should be our own legal populace, and those who ignore it should be incarcerated with huge fines. Senator Sessions has found that this dysfunctional Obama administration has been advertising in Mexico that FOOD STAMPS are available here through SNAP. This program disbursement has continued to rise and spending has quadrupled in just over a decade to $80 billion in 2011 as part as the Department of Agriculture. Senator Sessions stated that SNAP, is the fastest growing major program in the U.S. government today and that the USDA is refusing to answer questions about this ominous promotion in Mexico.

  • H.j.Dcruz

    The USA under Obama is destined too be domed with fiscal deficit., illegal immigration, unemployment , poverty and his election for a second term is to complete his mission of distruction

  • HunterDownes

    Can’t be too sure about checking for terrorism. Could be person who claims to be of Indian Hindu descent coming from Canada living in L.A., but actually a Pakistani Muslim coming from South America and hiding out in New York. Never know these days…