{"id":2519,"date":"2009-10-09T13:34:42","date_gmt":"2009-10-09T17:34:42","guid":{"rendered":"http:\/\/thedustininmansociety.com\/blog\/?p=2519"},"modified":"2009-10-09T14:16:08","modified_gmt":"2009-10-09T18:16:08","slug":"aclu-creates-yet-another-falsehood-concerning-287-g","status":"publish","type":"post","link":"https:\/\/www.thedustininmansociety.org\/blog\/2009\/10\/09\/aclu-creates-yet-another-falsehood-concerning-287-g\/","title":{"rendered":"ACLU creates yet another falsehood concerning 287 (g)"},"content":{"rendered":"

Center for Immigration Studies<\/strong> HERE<\/a><\/p>\n

Washington D.C.<\/p>\n

UNCandACLU”>ACLU-UNC Wrong on 287(g)strong>
\nBy Jon Feere, April 16, 2009 <\/p>\n

The University of North Carolina School of Law recently joined forces with the ACLU and published a report aimed at stopping ICE cooperation with state and local law enforcement. The paper also advocates mass, illegal-alien amnesty.
\nDespite the fact that the report has been celebrated by a number of media outlets, the paper is quite an embarrassment for the law school as it provides no new data, no statistics, and very little analysis\u2014even though the paper is a whopping 152-pages long. Instead, the paper is full of accusations, inaccuracies, and anecdotal evidence. It is heavy on conclusions, all of which seem to be cut-and-pasted from earlier ACLU publications aimed at perpetuating illegal immigration.<\/p>\n

<\/strong>In all, the paper reads more like an ACLU press release than serious academic research.<\/strong><\/p>\n

Inaccurate Legal Analysis. When it comes to legal writing, lawyers are taught to cite every claim, especially those that are not easily recognized as absolute fact by the general public. But here\u2019s one example of many where the UNC-ACLU authors make dramatic claims with no citation to any statistical research:
\n[S]ince the implementation of \u00a7 287(g), Hispanic-appearing residents in particular have reported discriminatory abuses related to the program\u2019s implementation. These abuses include harassment of legal residents and citizens and subsequent alienation of ethnic communities from police authority and protection.<\/p>\n

Unfortunately, the authors are attempting to change policy based on unsubstantiated anecdotes. This is becoming common practice for the open-border crowd.
\nOne of the authors\u2019 key claims is not only without citation, it\u2019s also false. The authors want state and local enforcement to apply only to aliens who are convicted of felonies. They seek a \u201cstay here illegally until someone is seriously injured\u201d policy. The authors claim that the 287(g) program \u201cwas originally intended to target and remove undocumented immigrants convicted of violent crimes, human smuggling, gang\/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering.\u201d That this claim was not cited is not an oversight. In fact, they can\u2019t back this up with evidence: The 287(g) program was not created with a limited focus on criminal aliens. Here\u2019s the statutory text:<\/p>\n

[T]he Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law. [8 U.S.C. \u00a71357(g). The entire statute is available]<\/p>\n

Clearly, the law does not require that aliens be violent, drug-peddling rapists for 287(g) to take effect. The statutory text and the Congressional record are exactly opposite from the claims being advanced by the amnesty crowd. At a recent Congressional hearing the original author of the statute, Congressman Lamar Smith (R-Tx.), explained this fact:
\nI was the House author of the 1996 immigration bill that included the 287(g) program and\u2026there\u2019s nothing in the legislation that limits the program to detaining those who committed serious crimes. The goal was not that at all; the goal was to enable those local law enforcement authorities who wanted to, to enforce the immigration laws in whatever way they thought best. And that might or might not include those who committed serious crimes.<\/p>\n

Quite simply, the authors of the UNC-ACLU report are spreading inaccurate and\/or dishonest legal analysis.<\/strong><\/p>\n

Fear and accusations. Perhaps the most unintentionally humorous statement in the piece is the following: \u201cInstead of fear and prejudice, this policy review endeavors to approach the topic with qualitative and quantitative data.\u201d But in making their argument, the authors compare the removal of illegal aliens to Japanese internment camps during World War II. They warn of \u201ceconomic devastation\u201d as a result of immigration law enforcement. They claim 287(g) creates \u201ca fear of law enforcement,\u201d \u201cracial profiling and baseless stereotyping,\u201d and \u201cisolation of the Hispanic community.\u201d <\/p>\n

The report is full of these scare tactics; qualitative and quantitative data is an afterthought.<\/p>\n","protected":false},"excerpt":{"rendered":"

Center for Immigration Studies HERE Washington D.C. UNCandACLU”>ACLU-UNC Wrong on 287(g)strong> By Jon Feere, April 16, 2009 The University of North Carolina School of Law recently joined forces with the ACLU and published a report aimed at stopping ICE cooperation with state and local law enforcement. The paper also advocates mass, illegal-alien amnesty. Despite the […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/2519"}],"collection":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/comments?post=2519"}],"version-history":[{"count":0,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/2519\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/media?parent=2519"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/categories?post=2519"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/tags?post=2519"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}