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Modesto Update and Info.- Things are Heating Up Again!
Dars, AG and All others please read!!!!!
This will cover a little bit of info. But it has become necessary to give everyone an update on what is happening in Modesto. Due to a recent newspaper article related to identity theft, many of us here began to question whether or not Modesto had a sanctuary policy. Following is a response that we received from an unnamed county official.
I’m going to tell you like it is and feel free to do what you want with it... First of all, to answer your question, we do not have an official sanctuary policy. However, unofficially we do. This is in place because many of our leaders believe that to do anything different would be a step toward alienating specific people within our community. Of course, because of our obvious demographics, we would be referring primarily to American’s of Mexican decent. To answer your question in short form, (edited) by law, when we make an arrest law enforcement shall verify the legal status of such person as a citizen, “green card holder” etc. This may include interviewing them, demanding documentation etc. (Penal Code 834b(b)(1)). We are also mandated to “fully cooperate” with ICE by making notification to them and the Attorney General of California that the arrested person has apparent illegal status. (Penal Code 834b(b)(3)). We also have to notify the Consular Official (Penal Code 834c)Well we don’t do any of the above. (edited) Our justification for the lack of notification is apparentlycaused by the disconnect between local law enforcement and the ICE/AG’s Office/Consular etc.. (edited) the Federal Government has so severally neglected local law enforcement that local Law enforcement doesn’t believe their notification will do any good, thus, they don’t waste their time...Because of the lack of notification, especially after hours, weekends and holidays, immigration detainers are not placed on illegal aliens. They then are cited out, make bail, some are released on their OR and they walk out of the front doors of the jail. However, even with an immigration detainer here’s what happens...
• If we arrest an illegal alien for a crime not amounting to murder, they are free to make bail.
• If I call my ICE buddy in Stockton and have them put an immigration detainer on the illegal, the illegal remains in custody, however the illegal can bail on the state charges (on my case).
• So the night the illegal gets arrested, I put an immigration detainer on him/her. They are then free to make bail on their state case. Once they do, they still remain in custody at the jail but they then are held solely on the immigration detainer. It doesn’t matter to ICE if the illegal alien has a pending state case so they deport them the next day.
• The bailbonds who posted the bail, knew full well the illegal was going to bail on the state charges then be deported so he drafts up a motion to exonerate the bail and submits it to our County Counsel.
• Within 150 days, County Counsel stipulates to the motion because ICE (another government agency) removed them from the US.
• The bailbondsman goes to court and gets his bond exonerated (making anywhere from $400-2,000 in cash, depending upon the specific bond for about 5 minutes of work- not bad huh?). They’re big time winners because they didn’t take any risk on the bond knowing the illegal would never step out the front door of the jail but would just be transferred from state charges to ICE’S charges.
• Obviously when ICE deports them, the illegal doesn’t show up for Court and a warrant gets issued.. The case never gets prosecuted and we hope that the next time the illegal comes up and gets caught, we can make a match on his/her prints and finally prosecute them- though they can again make bail and flee on the second set of charges and it goes on and on and on, usually until they finally kill someone (and it’s generally someone from their same ethnicity [that’s what I can’t understand as to why legal American’s of Mexican decent would have any issues with getting justice served on illegal aliens])....
In summary, the only way I can successfully keep an illegal alien in custody and prosecute them is if they kill someone, making it a capital case, wherein they become ineligible for bail. I talked with County Counsel and they don’t have the time to oppose the bail bond motions when they know full well the illegal will never walk out of the front door of the jail and will be deported (having their cake and eating it too). I talked with the DA to see if she would be receptive to having the DA on the case do County Counsel’s job to punish the bailbondsman (by making them pay out a bond or two ($50,000.00 or so) which might stop this practice. The DA said no other county does it so there is not a precedent for the DA’s Office to do County Counsel’s job... and it goes on and on.... (In Government, its always someone else’s job)
My best advice at this point is to warn people that if an illegal alien commits a crime against you, I won’t be able to do anything about it unless they kill you. I can’t begin to tell you about the stack of illegal sex offenders on my desk who have been released out the front door (some of them even on early release) because they either didn’t have a immigration detainer placed on them or they bailed, were deported and have come back free from prosecution to reoffend (and once again they usually stay in an area that caters to their specific language and culture-[they sure in the heck don’t go to Del Rio (except to work)]- in which they generally pray then on their own- kids in their immediate vicinity. Once again I don’t understand the opposition in desiring justice)...
Summary- It seems that no one in our County or City Gov. wants to do anything about this crazy situation. The bail bond agencies are operating a money making scam and it is has gotten so bad that we have bail bond companies from all over the state coming here to get their piece in this moneymaking game!
We have already started to put some pressure on our officials. Here is a link to a story from the Modesto Bee in response to our questions:
Now here is what is happening. We are taking this straight to our local officials. Fliers related to this scam will be distributed at county and city offices in the next seven days.
In addition a small protest is in the planning stages.
A larger protest is a very real possibility.
In conclusion,
We are not going to let this go. Our officials must be made to understand they represent us. We have a right to expect parity in the legal system. This game that they are allowing must be stopped!
Please, please circulate to all those activists in our state! We need to expose this in a very large way.
Thank You for your help!
ProudNation
If you have any questions, please contact Linda Taylor at [email protected]
She will be taking charge of all future Modesto action and protests.
SHE HAS MY FULL BACKING!!!!!
Dars, AG and All others please read!!!!!
This will cover a little bit of info. But it has become necessary to give everyone an update on what is happening in Modesto. Due to a recent newspaper article related to identity theft, many of us here began to question whether or not Modesto had a sanctuary policy. Following is a response that we received from an unnamed county official.
I’m going to tell you like it is and feel free to do what you want with it... First of all, to answer your question, we do not have an official sanctuary policy. However, unofficially we do. This is in place because many of our leaders believe that to do anything different would be a step toward alienating specific people within our community. Of course, because of our obvious demographics, we would be referring primarily to American’s of Mexican decent. To answer your question in short form, (edited) by law, when we make an arrest law enforcement shall verify the legal status of such person as a citizen, “green card holder” etc. This may include interviewing them, demanding documentation etc. (Penal Code 834b(b)(1)). We are also mandated to “fully cooperate” with ICE by making notification to them and the Attorney General of California that the arrested person has apparent illegal status. (Penal Code 834b(b)(3)). We also have to notify the Consular Official (Penal Code 834c)Well we don’t do any of the above. (edited) Our justification for the lack of notification is apparentlycaused by the disconnect between local law enforcement and the ICE/AG’s Office/Consular etc.. (edited) the Federal Government has so severally neglected local law enforcement that local Law enforcement doesn’t believe their notification will do any good, thus, they don’t waste their time...Because of the lack of notification, especially after hours, weekends and holidays, immigration detainers are not placed on illegal aliens. They then are cited out, make bail, some are released on their OR and they walk out of the front doors of the jail. However, even with an immigration detainer here’s what happens...
• If we arrest an illegal alien for a crime not amounting to murder, they are free to make bail.
• If I call my ICE buddy in Stockton and have them put an immigration detainer on the illegal, the illegal remains in custody, however the illegal can bail on the state charges (on my case).
• So the night the illegal gets arrested, I put an immigration detainer on him/her. They are then free to make bail on their state case. Once they do, they still remain in custody at the jail but they then are held solely on the immigration detainer. It doesn’t matter to ICE if the illegal alien has a pending state case so they deport them the next day.
• The bailbonds who posted the bail, knew full well the illegal was going to bail on the state charges then be deported so he drafts up a motion to exonerate the bail and submits it to our County Counsel.
• Within 150 days, County Counsel stipulates to the motion because ICE (another government agency) removed them from the US.
• The bailbondsman goes to court and gets his bond exonerated (making anywhere from $400-2,000 in cash, depending upon the specific bond for about 5 minutes of work- not bad huh?). They’re big time winners because they didn’t take any risk on the bond knowing the illegal would never step out the front door of the jail but would just be transferred from state charges to ICE’S charges.
• Obviously when ICE deports them, the illegal doesn’t show up for Court and a warrant gets issued.. The case never gets prosecuted and we hope that the next time the illegal comes up and gets caught, we can make a match on his/her prints and finally prosecute them- though they can again make bail and flee on the second set of charges and it goes on and on and on, usually until they finally kill someone (and it’s generally someone from their same ethnicity [that’s what I can’t understand as to why legal American’s of Mexican decent would have any issues with getting justice served on illegal aliens])....
In summary, the only way I can successfully keep an illegal alien in custody and prosecute them is if they kill someone, making it a capital case, wherein they become ineligible for bail. I talked with County Counsel and they don’t have the time to oppose the bail bond motions when they know full well the illegal will never walk out of the front door of the jail and will be deported (having their cake and eating it too). I talked with the DA to see if she would be receptive to having the DA on the case do County Counsel’s job to punish the bailbondsman (by making them pay out a bond or two ($50,000.00 or so) which might stop this practice. The DA said no other county does it so there is not a precedent for the DA’s Office to do County Counsel’s job... and it goes on and on.... (In Government, its always someone else’s job)
My best advice at this point is to warn people that if an illegal alien commits a crime against you, I won’t be able to do anything about it unless they kill you. I can’t begin to tell you about the stack of illegal sex offenders on my desk who have been released out the front door (some of them even on early release) because they either didn’t have a immigration detainer placed on them or they bailed, were deported and have come back free from prosecution to reoffend (and once again they usually stay in an area that caters to their specific language and culture-[they sure in the heck don’t go to Del Rio (except to work)]- in which they generally pray then on their own- kids in their immediate vicinity. Once again I don’t understand the opposition in desiring justice)...
Summary- It seems that no one in our County or City Gov. wants to do anything about this crazy situation. The bail bond agencies are operating a money making scam and it is has gotten so bad that we have bail bond companies from all over the state coming here to get their piece in this moneymaking game!
We have already started to put some pressure on our officials. Here is a link to a story from the Modesto Bee in response to our questions:
Now here is what is happening. We are taking this straight to our local officials. Fliers related to this scam will be distributed at county and city offices in the next seven days.
In addition a small protest is in the planning stages.
A larger protest is a very real possibility.
In conclusion,
We are not going to let this go. Our officials must be made to understand they represent us. We have a right to expect parity in the legal system. This game that they are allowing must be stopped!
Please, please circulate to all those activists in our state! We need to expose this in a very large way.
Thank You for your help!
ProudNation
If you have any questions, please contact Linda Taylor at [email protected]
She will be taking charge of all future Modesto action and protests.
SHE HAS MY FULL BACKING!!!!!
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