Tuesday, January 27, 2009

Perry pitches border security grants in State of the State

Last year Governor Perry pushed for new prisons in his State of the State speech, but this year, happily, and perhaps tellingly, he's abandoned that unfulfilled wish.

The only significant criminal justice priority in today's State of the State speech, reports the Fort Worth Star Telegram, was when Gov. Perry "called for $135 million to strengthen the state-led enforcement effort to confront what he called a continued threat from 'brazen transnational gangs' tied to Mexican drug cartels." I didn't see that number in the prepared remarks, but here's the portion of the speech related to border security and immigration:
In these times of global unrest and porous borders, security remains a top priority, especially in light of Washington’s ongoing failure to provide the resources necessary to secure our border, or implement a sensible immigration policy.

I’m hopeful that my fellow border governor from Arizona will bring a better approach in her new role as Secretary of Homeland Security.

However, until we see results, Texas will continue filling the leadership void created by Washington DC and investing in the safety of our citizens with our own border security effort.

From 2005 until September 2007, my office cobbled together roughly $38 million which we used to ramp up security along our border.

Based on the success of these efforts, you invested $110 million in Operation Border Star in 2007.

In doing so, you not only funded more personnel, but also provided assets like aircraft and patrol boats, as well as better technology for communications, data management and coordinated efforts.

Joining us today are representatives of the team protecting our border. Will you please stand and be recognized?

They represent the hardworking men and women who work together to fight crime, including the Texas Border Sheriff’s Coalition, the Brownsville Police Department, the Department of Public Safety, Texas Parks and Wildlife, Texas Military Forces, and the U.S. Border Patrol

Thank you for working so hard to keep Texas safer. As a result of your efforts and their deterrent effect, illegal alien apprehensions in Texas have dropped 47% since 2005.

Crime has also fallen as much as 65% in areas that smuggling cartels previously treated as their personal playground.

Those are signs of great improvement, but we need to keep the heat on by renewing funds for our border efforts, especially in light of the growing drug and gang-related violence in Mexico.

It is already spilling into communities across the state in the form of increasingly brazen transnational gangs.

Because we have seriously hindered the Mexican drug cartels’ ability to move contraband across the border, they are relying with increasing frequency on these unprincipled gangs to do their dirty work.

Originating in foreign countries and taking shape in our prisons, these gangs have been radiating outward into our towns, schools and neighborhoods, applying terror tactics to build their influence.

Joining us here today are State Troopers John Cox and Chad Foster, who were recently on the receiving end of gunfire while protecting our state from those threats, including gang members. Would you please stand and be recognized?

Gentlemen, thank you for standing between the law-abiding citizens of our state and those who would do them harm.

I also want to thank Senator Carona for his efforts to bring attention to the serious threat these gangs pose to our state.

I agree it is time to act and believe we should devote the necessary resources, just under $32 million, to properly address this gang threat head-on, in communities across the state.

These funds would be used to pay more officers, provide better coordination of multi-force efforts and fund prosecutions for gang-related offenses.

As we continue to strengthen our border, we must also consider the essential role that federal immigration policy, or the lack thereof, plays in the safety of our citizens and integrity of our state.

After revelations that a Dallas man had set up a cottage industry procuring Texas driver licenses for illegal aliens hailing from countries around the world, I am an even stronger supporter of the DPS initiative to issue specialized, vertical driver licenses, to identify those who have overstayed their visa.

I also support an end to the notion of sanctuary cities. Local government sends the wrong message when they pick and choose what laws they want their peace officers to enforce.

I believe we should also require the same identification procedure for voting that we require for voter registration. I commend Lt. Governor Dewhurst for his longstanding leadership on this issue.

A democracy without proper protections against voter fraud cannot preserve the public trust.

We should also track the citizenship status of those receiving state-funded services so we can get our hands around the financial impact of Washington’s failure to handle the immigration challenge.

Some may oppose these efforts, but they are commonsense approaches to protecting our citizens’ lives and resources, as well as our state’s integrity.

Although we are maintaining a more secure border and preparing to combat the growing gang threat in our cities, there is nothing we can do to divert the storms that hammer our coast.

There's much to dispute about the Governor's presentation of border realities. Independent analyses contradict his claims of massive drops in border crime; in fact, the border has always been, statistically, one of the safer parts of the state. And most economists agree illegal immigration declined because of boosted federal enforcement combined with a tanking housing market, not because of Texas' grants to border sheriffs, which included a sheriff who was allegedly on the payroll of the Gulf cartel.

I also don't understand what he means about local governments that "pick and choose what laws they want their peace officers to enforce." It's federal law that prohibits local law enforcement from arresting people for civil immigration violations, not some local mandate.

Border security topics took up a big portion of the Governor's speech, so it appears to be a significant priority for him, as it was in 2007. I'm guessing that in the current budget climate, though, some legislators might look askance at spending another nine figures on border security grants that recent reports say generated little crime fighting bang for the buck.

13 comments:

  1. "I also don't understand what he means about local governments that "pick and choose what laws they want their peace officers to enforce." It's federal law that prohibits local law enforcement from arresting people for civil immigration violations, not some local mandate."

    He is referring to those agencies who arrest someone for a criminal offense and the person was not born in the United States and the agency does not electronically query ICE to determine the persons residency status.

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  2. Not their job, 5:14. Municipal police enforce criminal, not civil violations.

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  3. I didn't say it was 8:15, I was just answering the question.

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  4. 8:15 what do you think a traffic accident is? Some of these accidents are not criminal in nature like when, lets say, a driver is just being down right inattentive. These accident reports by law enforcement are used everyday by plaintiffs attorneys in civil lawsuits.

    And police reports are used in divorce cases, child custody issues, and wrongful death cases.

    You are asleep at the wheel if you think the monies spent for police protection are not being used to investigate and testify in civil wrongs and litigations.

    Or maybe its just that you work for one of those municipal police departments who like telling a complainant to go to the sheriff's office because you don't want to do your job.

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  5. "He is referring to those agencies who arrest someone for a criminal offense and the person was not born in the United States and the agency does not electronically query ICE to determine the persons residency status."

    That's almost every agency, not just "sanctuary cities." ICE contacts are made by jailers, not the arresting officers. That still makes no sense to me.

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  6. Scott,

    That's not the case in Irving and Farmers Branch where the police department participates in the CAP or 287g programs. These queries are not always made by jailers, they are often made by the arresting officer during booking.

    The governor is not talking about checking ones residency status on the street. I believe when he refers to sanctuary cities, he is talking about those who do not make the ICE queries but systematically release criminally charged individuals who happen to not have been born in the United States, back into the community, even upon completion of their sentences.

    Last time I checked, even TDCJ often times releases criminal aliens back onto the street with making a query. They even place some of these individuals on parole!

    And yes. you are right when you say "that's almost every agency", and I believe they do so because of local political policies.

    There are more agencies, both city and county, who are getting on board and participating in the CAP and 287g programs.

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  7. Now that's a more accurate statement, 8:10, which is why I said "almost" every agency.

    Farmers Branch and Irving are the only two cities I'm aware of that have sought authorization to do that. By Governor Perry's definition, then, EVERY other Texas community is a "sanctuary city." Or am I missing something? It seems to me, in that context, the term has lost all meaning (if it ever had any).

    Federal law requires 287g training for local police before they can legally enforce immigration laws. Except for the two agencies you named, none in Texas are legally qualified to do so and never have been, ever. Plus, it's not like the state is providing locals extra money or officers to take on the extra responsibilities.

    Perhaps you'd like local police to take those officers from DWI patrol? Or the homicide unit? Which existing enforcement efforts should be de-prioritized so local cops can go after immigrants?

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  8. "Perhaps you'd like local police to take those officers from DWI patrol? Or the homicide unit? Which existing enforcement efforts should be de-prioritized so local cops can go after immigrants?"

    No, I am for JEO or Jail Enforcement Officers, not Task Force Officers. Carrollton PD and Harris County SO have JEO's while Farmers Branch has TFO's. Our county jail has JEO's.

    Iim glad you mentioned DWI's and homicide.

    Irving’s initiative has resulted in identifying criminal aliens on four murder charges, 23 sexual assault charges and 259 charges of driving while intoxicated.

    And I have to correct some of what I said about TDCJ.

    Statewide data provided by the Texas Department of Criminal Justice indicates that of the 2,851offenders with final orders of deportation in TDCJ facilities, 614have been convicted of homicide, 458 have committed a sexual assault against a child, 405 have been convicted of robbery and 253 have committed a sexual assault against an adult.

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  9. Sheriffs do DWI enforcement, too. Bottom line: Each agency - whether police or Sheriff - only has so many officers. If you want to put some on immigration enforcement, they're going to have to take them away from somewhere else.

    And I don't understand the relevance of the TDCJ stats. I thought your concern was that they WEREN'T deporting people after their sentences, but now you seem to be saying they're doing so (which was always my impression).

    I can understand if Perry wants police to pursue 287g status, even if I disagree with it, but I found it disingenuous to label those communities which have not done so "sanctuary cities."

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  10. "Sheriffs do DWI enforcement, too. Bottom line: Each agency - whether police or Sheriff - only has so many officers. If you want to put some on immigration enforcement, they're going to have to take them away from somewhere else."

    Not in our case, we just made it a part of the booking process. Actually, very little time involved in the query and it did not require hiring more jail personnel.


    "And I don't understand the relevance of the TDCJ stats. I thought your concern was that they WEREN'T deporting people after their sentences, but now you seem to be saying they're doing so (which was always my impression)."

    I thought the TDCJ stats were relevant because earlier I said they were not doing it. I erred when I said TDCJ was not doing it. I made a mistake an admit it. I can safely say that it was not always the case with TDCJ.

    I also think the TDCJ stats are important to note because many criminal aliens, both felony and misdemeanor offenders, are placed on probation and allowed back into the community instead of being subject to deportation proceedings.

    Part of the Texas community supervision statute requires the offender to not violate any of the laws of our state or of the United States. It seems contradictory to place a criminal alien on probation if they are illegally in the United States, which is a violation of the laws of the United States.

    "I can understand if Perry wants police to pursue 287g status, even if I disagree with it, but I found it disingenuous to label those communities which have not done so "sanctuary cities."

    That's just the governor's opinion, like you and I have ours. And you know what they say about opinions, there just like an a..h...., everyones got one.

    And contrary to what 5:14 said, he and other officials who might be opposed to 287g and CAP should read Article 16, section 1 of the Texas Constitution. They undoubtedly are not upholding what they sworn to do. Just my opinion. Ha!

    Have a great day Scott. I really do enjoy your blog and really enjoy being able to participate.

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  11. Gotcha, I didn't catch that you were altering your position about TDCJ.

    If you're a small county, the ICE transfers could just be a de minimus cost. But for larger counties it requires both staff and, just as importantly, jail cells they need for more serious offenders.

    I also think it's kind of a stretch to say officials opposing implementation of 287g in their communities aren't upholding their constitutional oath! After all, it's a voluntary provision, not a mandate - they're not failing to uphold any laws.

    Not only that, immigration enforcement under the original US constitution was a 10th amendment states right that was usurped by the feds after the civil war. (The United States had no immigration laws til 1875, when they restricted access to Chinese "coolies" on the West Coast.) Before then, states each had their own immigration officers and policies, including Texas. So, by that view, its doubly offensive for the feds to want the state to do their dirty work. From a constitutionally originalist perspective, it's none of their damn business. ;)

    Thanks for the conversation.

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  12. Why doesn't he fund GANG UNITS in the probatin departments???
    That would be wise!
    Never mind, I answered my own question!

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  13. Grits seems to have a very strong interest in the border. We have to attack everyone who in any way wants to slow the flood. We can always find something to make it seem like they are wrong. Attack them on every point and keep raising a hundred reasons that having a border is completely unreasonable. Say we are for immigration reform, that will make it sound better.

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