Judicial Watch

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Damn, I didn't want to post this, just because I know of the onslaught of Barney Frank's gay, jokes, but it looks like he is back in hot water! Barney, Barney, Barney!

It also looks like Fremont California is being naughty!

this is an email update I received, don't know how to do this for copyright laws?



Judicial Watch Warns Fremont, California Regarding Illegal Immigration Sanctuary Policy

Judicial Watch's nationwide campaign to enforce immigration laws continues, this time involving an illegal alien sanctuary policy implemented by the Fremont, California, Police Department. On August 17, Judicial Watch sent a letter to the Fremont PD to register our objection to this dangerous and illegal policy.

At issue here is the Fremont PD's "Notification of Immigration and Customs Enforcement." This directive, implemented in September 2008, describes the restricted circumstances under which a police officer may inform federal immigration officials of an arrestee's legal status.

Here's the problem: Federal law requires that government entities cannot place any restrictions on the ability of police officers to communicate with ICE about anyone's immigration status.

Specifically, here is what two federal statutes say about this issue:

"Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official my not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service (now Immigration and Customs Enforcement) information regarding the citizenship or immigration status, lawful or unlawful, of any individual. (Title 8 United States Code Section 1373)

"Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service (now Immigration and Customs Enforcement) information regarding the immigration status, lawful or unlawful, of an alien in the United States." (Title 8 United States Code Section 1644)

Is there anything about these statutes which strikes you as ambiguous or open to interpretation? The Fremont PD directive also seems to be in conflict with California State law as well.

Despite clear federal and state laws mandating free communication between local law enforcement entities and federal immigration officials, time again, local officials continue to implement so-called sanctuary policies that impede communication. This illegal practice is far too common and it must stop.

As you are probably aware, Judicial Watch recently petitioned the California Supreme Court to review a lower court's ruling on Judicial Watch's lawsuit over the LAPD's illegal alien sanctuary policy, Special Order 40. A lower court ruled (erroneously in our view) that the lawsuit could not proceed to trial.

And, of course, Judicial Watch earned a huge victory when a California appellate court ruled that the San Francisco Police Department must comply with a state law requiring police officers to notify federal authorities when they arrest a person for various narcotics offenses whom they suspect to be an alien, legal or illegal. The San Francisco Police Department had argued that requiring police officers to share information with federal immigration officials was unconstitutional because it would invade the federal government's exclusive power to regulate immigration. The court didn't buy it, as the law in question didn't require the state to regulate immigration but simply to notify the proper authorities when an alien was arreste d for drug crimes.

Judicial Watch is committed to doing what it can to ensure that "don't ask, don't tell" illegal alien sanctuary policies are abolished. And that includes opposing the sanctuary directive in Fremont, California. I'll have more for you on this in upcoming installments of the Weekly Update. In the meantime, I encourage you to contact your local police and government officials, and inquire whether police are prevented from communicating from ICE about a person's immigration status. If your local police are so constrained, you live in a sanctuary community that may be in violation of federal law.

Until next week...


Tom Fitton
President

Judicial Watch is a non-partisan, educational foundation organized under Section 501(c)(3) of the Internal Revenue code. Judicial Watch is dedicated to fighting government and judicial corruption and promoting a return to ethics and morality in our nation's public life.


Judicial Watch Warns Fremont, California Regarding Illegal Immigration Sanctuary Policy

Judicial Watch's nationwide campaign to enforce immigration laws continues, this time involving an illegal alien sanctuary policy implemented by the Fremont, California, Police Department. On August 17, Judicial Watch sent a letter to the Fremont PD to register our objection to this dangerous and illegal policy.

At issue here is the Fremont PD's "Notification of Immigration and Customs Enforcement." This directive, implemented in September 2008, describes the restricted circumstances under which a police officer may inform federal immigration officials of an arrestee's legal status.

Here's the problem: Federal law requires that government entities cannot place any restrictions on the ability of police officers to communicate with ICE about anyone's immigration status.

Specifically, here is what two federal statutes say about this issue:

"Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official my not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service (now Immigration and Customs Enforcement) information regarding the citizenship or immigration status, lawful or unlawful, of any individual. (Title 8 United States Code Section 1373)

"Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service (now Immigration and Customs Enforcement) information regarding the immigration status, lawful or unlawful, of an alien in the United States." (Title 8 United States Code Section 1644)

Is there anything about these statutes which strikes you as ambiguous or open to interpretation? The Fremont PD directive also seems to be in conflict with California State law as well.

Despite clear federal and state laws mandating free communication between local law enforcement entities and federal immigration officials, time again, local officials continue to implement so-called sanctuary policies that impede communication. This illegal practice is far too common and it must stop.

As you are probably aware, Judicial Watch recently petitioned the California Supreme Court to review a lower court's ruling on Judicial Watch's lawsuit over the LAPD's illegal alien sanctuary policy, Special Order 40. A lower court ruled (erroneously in our view) that the lawsuit could not proceed to trial.

And, of course, Judicial Watch earned a huge victory when a California appellate court ruled that the San Francisco Police Department must comply with a state law requiring police officers to notify federal authorities when they arrest a person for various narcotics offenses whom they suspect to be an alien, legal or illegal. The San Francisco Police Department had argued that requiring police officers to share information with federal immigration officials was unconstitutional because it would invade the federal government's exclusive power to regulate immigration. The court didn't buy it, as the law in question didn't require the state to regulate immigration but simply to notify the proper authorities when an alien was arreste d for drug crimes.

Judicial Watch is committed to doing what it can to ensure that "don't ask, don't tell" illegal alien sanctuary policies are abolished. And that includes opposing the sanctuary directive in Fremont, California. I'll have more for you on this in upcoming installments of the Weekly Update. In the meantime, I encourage you to contact your local police and government officials, and inquire whether police are prevented from communicating from ICE about a person's immigration status. If your local police are so constrained, you live in a sanctuary community that may be in violation of federal law.

Until next week...


Tom Fitton
President

Judicial Watch is a non-partisan, educational foundation organized under Section 501(c)(3) of the Internal Revenue code. Judicial Watch is dedicated to fighting government and judicial corruption and promoting a return to ethics and morality in our nation's public life.
 
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