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Written by Michael W. Cutler, Senior Special Agent, INS (Ret.)

On September 25, 2019 MSN Money, in conjunction with Bloomberg, posted a report, New York and Brooklyn Sue to Stop Migrant Arrests at Courthouses that included a link to the civil complaint filed in federal court by the State of New York and District Attorney For Brooklyn, New York to end the warrantless arrest of illegal aliens by ICE.

Here is an excerpt from that complaint:

This lawsuit challenges the federal government’s recent unlawful and unconstitutional policy authorizing civil immigration arrests in and around New York State courthouses — a policy that disrupts the effective functioning of our courts, deters victims and witnesses from assisting law enforcement and vindicating their rights, hinders criminal prosecution, and undermines public safety,” reads the complaint, filed Wednesday.

Contrary to the assertions in the complaint, Courthouses are among the safest places to make arrests.  All who enter a courthouse know that they will be thoroughly searched.  Therefore they enter courthouses without firearms or other weapons.  This makes taking individuals into custody far safer for all involved, including the general public.

Furthermore, aliens who have evaded the inspections process conducted at ports of entry and/or have violated other provision of the Immigration and Nationality Act pose a threat to national security and public safety.

However, this is only the latest effort by New York State and New York City to obstruct immigration law enforcement in violation of 8 U.S. Code § 1324.

By far, New York City and hence, New York State suffered the greatest casualties and devastation as the result of the terror attacks of September 11, 2001.  Furthermore, New York City has suffered additional deadly terror attacks, both before and after the attacks of 9/11 by  alien terrorists who, in one way or another exploited vulnerabilities in the immigration system.

Therefore you would think that the politicians would take the findings of the 9/11 Commission to heart and support, not obstruct, immigration law enforcement.

The 9/11 Commission Report made it clear that the attacks of 9/11 and other such terrorist attacks were only possible because of multiple failures of the immigration system.

The preface of the report 9/11 Commission Staff Report on Terrorist Travel begins with this paragraph:

It is perhaps obvious to state that terrorists cannot plan and carry out attacks in the United States if they are unable to enter the country. Yet prior to September 11, while there were efforts to enhance border security, no agency of the U.S. government thought of border security as a tool in the counterterrorism arsenal. Indeed, even after 19 hijackers demonstrated the relative ease of obtaining a U.S. visa and gaining admission into the United States, border security still is not considered a cornerstone of national security policy. We believe, for reasons we discuss in the following pages, that it must be made one.

Page 54 of the 9/11 Commission Staff Report on Terrorist Travel contained this excerpt under the title “3.2 Terrorist Travel Tactics by Plot.”

Thus, abuse of the immigration system and a lack of interior immigration enforcement were unwittingly working together to support terrorist activity. It would remain largely unknown, since no agency of the United States government analyzed terrorist travel patterns until after 9/11. This lack of attention meant that critical opportunities to disrupt terrorist travel and, therefore, deadly terrorist operations were missed.

America’s borders and immigration laws are its first and last line of defense against international terrorists, spies, and transnational criminal organizations including those engaged in human trafficking and the smuggling of narcotics or other contraband.

8 U.S. Code § 1182 (Inadmissible Aliens) establishes the categories of aliens who are deemed inadmissible.  It make absolutely no distinction about race, religion or ethnicity.  Among the classes of aliens who are to be prevented from entering the United States are aliens who suffer from dangerous communicable, diseases or extreme mental illness, are convicted felons, human rights violators, war criminals, terrorists and spies are to be excluded as well as aliens who likely become public charges or would seek unlawful employment, thus displace American workers or drive down the wages of American workers who are similarly employed.

Incredibly, those who obstruct immigration law enforcement frequently refer to the enforcement of our immigration laws as being “Unconstitutional” calling into question whether they have ever read the Constitution!

Article IV, Section 4 of the U.S. Constitution states;

”The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.” 

Invasion has been defined as an incursion by a large number of people or things into a place or sphere of activity 

On October 13, 2014 Senator Chuck Schumer posted a press release announcing that because of the threat of terrorism, he had proposed legislation that would make trespassing on critical infrastructures and/or landmarks a federal crime with a maximum prison sentence of five years.

“With terror threats at a high, it must be made loud and clear to any would-be trespassers, adrenaline junkies or potential criminals that the federal government and the NYPD take trespassing on critical infrastructure and national monuments very seriously; a law that makes this a federal crime and raises the current maximum jail time from one to five years would help deter this behavior, and provide the NYPD with stronger tools to combat this disturbing trend.”

At a minimum, aliens who enter the U.S. without inspection are trespassing.  Yet, while Schumer would imprison those who trespass on national landmarks for 5 years, he and his Democrat Party colluders would provide aliens who evade the inspections process conducted at ports of entry with U.S. citizenship!

This obvious display of hypocrisy makes it clear that they are detached from reality and/or are willfully and intentionally acting against the best interests of America and Americans and must be made accountable. and the fair but effective

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