Sanctuary Cities in America, including Denver and Aurora, Colorado

The United States has the most generous immigration policy in the world, allowing approximately one million legal immigrants into our country every year. In addition, approximately 3 million illegal aliens sneak into our country every year (Time Magazine, September 20, 2004).

Many cities have implemented sanctuary policies which call for city employees - including police officers - not to report illegal aliens to the federal authorities. Many sanctuary cities, in contrast to the wishes of most Americans, also offer public services and benefits to illegal aliens that impose great fiscal and social costs on the taxpayers.

Sanctuary cities are illegal, made so by federal legislation enacted in 1996. Recognizing the adoption of sanctuary policies as a growing impediment to combating the wave of illegal aliens residing in the country, Congress adopted measures in 1996 that barred local ordinances that prohibited employees from providing information on illegal aliens to federal officials. The law says, "Notwithstanding any other provision of Federal, State or local law, a Federal, State, or local government entity or official may not prohibit or in any way restrict any government entity or official from sending to or receiving ... information regarding the citizenship or immigration status, lawful or unlawful, of any individual." - § 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), and § 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).

According to 8 U.S. Code, Section 1373, “A state or local government entity or official may not prohibit, or in any way restrict ... sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”

Until the Trump administration, the federal government had essentially abrogated its responsibility to enforce the law regarding sanctuary cities.

80 percent of American voters disapprove of localities not notifying federal immigration officials when they come in contact with an illegal alien: Poll: Americans overwhelmingly oppose sanctuary cities for illegal aliens, The Hill, February 22, 2017. A March 24, 2017 Rasmussen poll reveals that only 35% Want to Live in a Sanctuary Community.

Colorado has several de facto sanctuary cities, including Denver and Aurora, Colorado.

 


 

Resources and research

Map: Sanctuary Cities, Counties, and States, Center for Immigration Studies, March 2017:

Map of sanctuary cities

Sanctuary nation, The Social Contract journal, Spring, 2016.

Sanctuary Cities: Obstructing Immigration Enforcement, FAIR, October 2, 2015.

Sanctuary Policies Across the U.S. - A Report by FAIR's State and Local Department, FAIR, January, 2017.

NumbersUSA articles on sanctuary cities.

Center for Immigration Srudies articles on sanctuary cities.

Here is a CAIRCO compilation of articles on sanctuary cities.

Also see CAIRCO's May, 2005 Press conference and protest of Denver sanctuary policy.

Denver enacts subversive sanctuary city ordinance

Article author: 
Fred Elbel
Article publisher: 
CAIRCO.org
Article date: 
Tuesday, August 29, 2017
Medium
Article Body: 

On August 28, 2017, the city of Denver passed an ordinance codifying their sanctuary city policy. It was passed 10-0 with 3 unrecorded abstentions.

The Denver government website page contains this announcement: Denver Announces New Public Safety Enforcement Priorities Ordinance. Also see a summary of the ordinance: Denver Public Safety Enforcement Priorities Proposal Ordinance 17-0940, August 16, 2017, and the Full text of the Public Safety Enforcement Priorities Act.

The city claims that the ordinance is "consistent with applicable federal law," i.e., 8USC 1373. That, of course, remains for legal experts to ascertain.

Jeffrey Lynch, the field office director for ICE’s Office of Enforcement and Removal Operations in Denver, issued the following statement Monday night:

By passing this irresponsible ordinance, the City of Denver’s leadership has codified a dangerous policy that deliberately obstructs our country’s lawful immigration system, protects serious criminal alien offenders, and undermines public safety.

Unfortunately, with this established policy, we can expect to witness more tragedies like we saw in the recent case of Ever Valles, a known gang member and an immigration enforcement priority, who was released in December 2016 by Denver County without ICE being properly notified. He was later arrested and charged with murdering a 32-year-old man at a Denver light rail station just seven weeks after he was released from Denver County Jail.

Our goal is to build cooperative, respectful relationships with our law enforcement partners. While we will continue our efforts to work with Denver’s city government in support of public safety, it is disappointing that they have taken such an extreme step in the wrong direction.

See these related articles:

Denver City Council passes controversial immigration protection ordinance - ICE calls ordinance 'dangerous', The Denver Channel, August 28, 2017, linked from Complete Colorado.

Denver elevates immigration stance with an ordinance that advocates hail as supportive but ICE calls “dangerous”, Denver Post, August 28, 2017.

As we would expect, the Post article conflates "immigrant" with "illegal alien," stating:

In an age when the Trump administration has intensified a crackdown on illegal immigration, Denver and its city leaders should stand publicly with the immigrants who face a constant risk of deportation.

Legal immigrants, of course, are not at risk of deportation. Illegal aliens - who have evaded capture at our border - are indeed at risk of being returned to their home countries, ludicrous Denver sanctuary city policies notwithstanding.


 

CAIRCO Research

Sanctuary Cities in America, including Denver and Aurora, Colorado

Terminology history and usage: alien and illegal alien

Map: Do You Live in a Sanctuary City?

Article subtitle: 
State and local jurisdictions defy federal immigration law
Article publisher: 
Center for Immigration Studies
Article date: 
Thursday, July 9, 2015
Medium
Article Body: 

The recent death of a 32-year-old California woman by a five-times-deported illegal-alien felon has drawn attention to the impact of the Obama administration's dismantling of immigration enforcement. The Center for Immigration Studies has published a map showing the more than 200 cities, counties and states across the United States which are considered sanctuary cities. These are jurisdictions where the protection of illegal aliens, even criminal illegal aliens, from lawful deportation is placed above the safety of American citizens.

These state and local jurisdictions have policies, laws, executive orders, or regulations allowing them to avoid cooperating with federal immigration law enforcement authorities. These “cities” ignore federal law authorizing U.S. Immigration and Customs Enforcement (ICE) to administratively deport illegal aliens without seeking criminal warrants or convictions from federal, state, or local courts. Although federal law requires the cooperation, the Department of Justice has never sued or taken any measure, including denying federal funds, against a jurisdiction. On the contrary, the present administration has made it difficult for the states and localities which choose to aid in enforcing immigration laws. Federal law was labeled voluntary by the administration in a November 2014 policy memorandum signed by the Homeland Security Secretary.

View the map of sanctuary cities.


CAIRCO Research

Sanctuary Cities in Colorado and the Sanctuary City of Denver

Denver is still a sanctuary city - FAQ

Even though sanctuary cities have been made illegal in Colorado, it appears that Denver is in fact still a sanctuary city.

September 13, 2010 - Senator Ted Harvey, coauthor of SB 06-090, asks: "Denver is not a sanctuary city," says a Denver Post editorial. Is that a fact or is it fiction?

Fact or Fiction? Denver has been certified by a state audit report as being in compliance with SB 06-090.

FACT: The 2009 state audit was an audit of the reporting process, not an audit of the numbers submitted by cities and counties. It did not certify Denver or any city as being in compliance. For example, in 2007, 181 Colorado cities and counties reported zero contacts with ICE, yet none were audited for compliance.

Fact or Fiction? Mayor Hickenlooper claims that Denver "made over 7,000 calls to ICE since 2006."

FACT: Denver police officers made less than 500 calls to ICE since 2006 out of over 250,000 total arrests, over 15,000 DUI arrests and over 500,000 traffic stops. Over 7,000 referrals were made to ICE by the Denver county jail for individuals already in custody. Hickenlooper consistently lumps the two numbers together - Denver police referrals and jail referrals – thereby misrepresenting the extent of Denver police contacts with ICE.

Fact or Fiction? Denver operates much the same way all other Colorado cities and counties do.

FACT: The El Paso County jail operates cooperatively with ICE through a 287g agreement, which trains and deputizes jail personnel to use the ICE database to identify illegal aliens. At least five other counties including Arapahoe and Jefferson are on the waiting list for that program, but Denver city officials have steadfastly opposed joining. As far as "street arrests" are concerned, the Denver Police Department's 105 referrals to ICE in 2009 represent 4% of the 2,720 reported to ICE by its neighbor Aurora, a city half its size with only 46% as many police officers. That's a 50-to-1 ratio per capita.

Fact or Fiction? There is no official policy in Denver that obstructs police cooperation with ICE.

FACT: There are two official Police Department documents that violate SB 06-090. Denver Police Operations Manual section 104.52 requires a police officer to get a supervisor's approval prior to calling ICE. Also, a Denver PD "Training Bulletin" distributed in September 2006 says police officers need not change their procedures because of SB 06-090. As a result, in 2009, Denver police officers made only 105 "Refer to Immigration" notes on arrest reports for 63,803 individuals arrested. That is less than .002% of arrests.

Fact or Fiction? Fact or Fiction? ICE has increased its deportations from Colorado dramatically since SB 06-090 was passed, which shows Denver and other cities are now cooperating with ICE.

FACT: Although ICE contacts have undoubtedly increased since 2006, a large percentage of the individuals deported by ICE come from its expanded efforts under the Criminal Alien Program (CAP), not from local law enforcement referrals. Four years after SB 06-090 was passed, it remains true that a majority of illegal aliens arrested by local police are NOT referred to ICE under the probable cause standard of SB 06-090, are not identified as illegal aliens, and thus, are not deported.

Fact or Fiction? Fact or Fiction? According to Mayor Hickenlooper, Denver wants to participate in ICE's "Secure Communities Program," which now awaits only Gov. Ritter's approval.

FACT: Ritter and Hickenlooper have stalled a decision on the adoption of the SCP for 18 months since discussions with ICE began in April 2009. Over that period, hundreds of criminal aliens arrested for minor crimes in Denver have been released back into the community instead of being identified by ICE and evaluated for possible deportation. If Hickenlooper had endorsed the program in 2009 and publicly supported it, it would be in place today.

Fact or Fiction? Fact or Fiction? Denver city council has adopted a requirement that companies doing business with the city must use the federal E-verify program.

FACT: The new policy comes four years after the state mandated the E-verify program for all companies doing business with state agencies, but Denver's policy applies only to construction contractors, not to scores of other employers with hundreds of employees. Thus, Denver taxpayers are still underwriting the employment of countless illegal aliens.

Sanctuary cities banned in Colorado! - SB 90 (2006)

Update: Wiens measure becomes law, bans sanctuary cities

May 2, 2006
Kelley Harp, Senate Republican Communications

DENVER - Senate Bill 90, by state Sen. Tom Wiens, R-Castle Rock, was signed into law Monday by Colorado Gov. Bill Owens. The measure prevents cities and local governments from implementing sanctuary policies allowing illegal aliens to live within their borders without any fear of punishment.

The new law accomplishes this by prohibiting the administration of grants by the Department of Local Affairs to any local government that declares itself a sanctuary city.

"Illegal immigration is clearly a major problem in this country," Wiens said. "All levels of government must work together if we want to find practical and effective solutions to this problem. This bill provides the necessary consequences currently missing in state law to punish local governments who instruct their officers to blatantly ignore federal law."

Senate Bill 90, would require all local law enforcement officers to report to federal immigration officials any person arrested in their jurisdiction who they reasonably believe to be an illegal alien. The bill would also require each city and county in Colorado to report to the General Assembly whether or not it has instructed their peace officers to cooperate with state and federal officials in the enforcement of immigration laws.

"This bill received strong bipartisan support throughout the process," Wiens said. "With this in mind, my hope is this bill will encourage important debate on the subject at the municipal and county levels as well as greater enforcement of our current immigration laws."

Senate Bill 90 became law immediately upon the governor's signature.

The key provisions of the statute are as follows:

  • Local governments cannot create a policy that bars police from cooperating with federal officials concerning the status of any person in Colorado.
  • Police must notify the U.S. Immigration and Customs Enforcement agency if a person arrested for a crime is a suspected illegal immigrant.
  • The law does not apply to those arrested for minor traffic infractions or suspicion of domestic violence. However, immigration officials must be told if a person is convicted of domestic violence.
  • Cities and counties must notify local law enforcement officers in writing of their obligation to comply with the law.
  • Cities and counties must file an annual report to the state regarding how many illegal immigrants they reported to immigration officials.
  • Local governments that fail to report suspected illegal immigrants will not be eligible for state grants.

See CAIRCO's summary of SB 90.

Data in! Sanctuary cities have higher crime rates

Article subtitle: 
Actual statistics show disparities with other municipalities grow over time
Article author: 
Alicia Powe
Article publisher: 
WorldNet Daily
Article date: 
Sunday, April 9, 2017
Medium
Article Body: 

Surprise! Sanctuary cities do, indeed, experience higher crime rates than do non-sanctuary cities, an in-depth WND analysis of the most recent study of the question reveals.

An August 2016 study of the relationship between “sanctuary city” policies and crime rates shows that cities refusing to cooperate with federal immigration authorities consistently have significantly higher violent crimes rates than do non-sanctuary cities with similar populations and demographics, WND has found.

The study, published last fall by researchers from the University of California-Riverside and Highline College in Des Moines, Washington, is frequently cited by proponents of “sanctuary cities” who ignore or downplay one important detail – the actual crime statistics of the carefully selected cities chosen for the comparison model.

An analysis of the data by WND reveals that non-sanctuary cities comparable in population, size and demographics consistently – year over year – experience and report lower percentages of violent crime as well as lower percentages of property crimes...

The authors admit their assumptions going into the study were that differences in crime rates would be negligible. And their stated conclusions are that’s what was found...

However, their report buries the actual statistics. The statistics show, from 2000 through 2014, sanctuary cities have had higher crime rates than non-sanctuary cities, with the disparity growing over time...

Data gathered in the study, however, overwhelmingly contradict the conclusions of the authors.

Violent crime rates are, in fact, drastically higher in sanctuary cities than their non-sanctuary counterparts...

According to the Department of Homeland Security, from January 2014 to August 2014, more than 8,145 aliens were released from jail after arrest after their respective jurisdictions declined an immigration detainer request from Immigration and Customs Enforcement. Sixty-two percent of them had a prior criminal record, and 3,000 of them were felons. Of the 8,145 individuals released, 1,867 were subsequently re-arrested a total of 4,298 times and accumulated a staggering 7,491 charges.

The Government Accountability Office released a report on April 7, 2005, that found criminal aliens comprise about 27 percent of federal prisoners...

 


 

CAIRCO Research

Sanctuary Cities in America, including Denver and Aurora, Colorado

Crime and illegal aliens in Colorado

Crime and illegal aliens in the U.S.

 

Denver Sanctuary City Executive Order 116 announced - Mayor Webb at Rosalindas

by Bruce Finley
Denver Post
March 8, 1998

Denver Mayor Wellington Webb walked resolutely into a Mexican restaurant Saturday, questioned the humanity of federal immigration rules and ordered his own policy - estimated to cost Denver taxpayers up to $1 million a year.

And Webb says he'll urge other cities to adopt similar policies.

"I'm taking my increased stature in the U.S. Conference of Mayors and other organizations to carry this message around the country," Webb said. "We (mayors) are stronger collectively than as individuals."

Other mayors are praising immigrants publicly as immigrants become more and more prevalent in the nation's workforce....

The policy Webb announced Saturday - which spells out Denver's anti-discrimination stance toward immigrants - is meant to improve on federal policy carried out by the U.S. Justice Department's Immigration and Naturalization Service.

Though he supports laws against illegal immigration, Webb said federal policy has led to intolerable situations for immigrants in cities such as Denver. He referred to last year's case of a Guatemalan woman separated from her newborn baby to comply with a tangle of deadlines that later were changed - too late for the woman.

"I don't know what (the INS) should do," Webb said. "But I know what they shouldn't do. They shouldn't be separating a mother from a child."

Webb's Executive Order No. 116 does the following:

* Salutes and welcomes immigrants. * Asserts that federal policy "unfairly impacts many of Denver's children, senior citizens and disabled residents." * Declares Denver's strong opposition to federal distinctions between legal immigrants and commits city officials "to the delivery of services to all of its residents." * Vows that the city will back legal rights of all residents in Denver, adding that Webb will urge businesses, schools, hospitals and universities to do the same.

"The mayor feels federal welfare reform legislation unfairly targets newly arrived legal immigrants," said Shepard Nevel, Webb's director of policy.

The reforms bar legal immigrants who arrive after August 1996 from receiving federal welfare benefits.

"One of the things we're doing is providing food vouchers with state dollars to legal immigrants who are no longer eligible for food stamps," Nevel said. Denver officials also are providing job training, some medical care and housing assistance.

The cost of all this had not been determined. Kitty Pring, a senior Denver Department of Social Services official, estimated late Saturday the cost would be no more than $1 million a year, mostly out of a $550 million social services budget.

In Washington, D.C., INS officials said they had no problem with Webb's policy as long as it doesn't clash with federal law.

"It's understandable that Mayor Webb and the mayors of other large cities throughout the United States would become more active on immigration,'' INS spokesman Russ Bergeron said.

"They should. Major cities are the prime locations for settlement of both legal and illegal immigrants."

As snowflakes fell faintly across Denver, Webb made his announcement flanked by a group of immigrants from Asia, Africa, Eastern Europe and Latin America. They gathered at Rosalinda's Mexican Cafe in west Denver - a restaurant run by Mexican immigrants Rosalinda, Virgilio and Oscar Aguirre....

For Webb, the testimony reinforced his point that immigrants enrich American life.

His policy announcement comes amid intensifying debate about immigration nationwide.

Some 550,000 members of the Sierra Club - including 13,000 in Colorado - are weighing whether to advocate restrictions on immigration to reduce pressure on environmental resources.

Some economists contend immigrants - the 1990 U.S. Census counted 35,000 in Denver - hold down wages and add to social services bills. Former Colorado Gov. Dick Lamm supports a 50 percent reduction of legal immigration to help stabilize the growing U.S. population.

"The evidence is now clear that immigration hurts our own poor," Lamm wrote in a statement last week. "We shall have to make some hard decisions on immigration. How many? How chosen?"...

On Saturday, Webb acknowledged the INS efforts. "We should give the INS the same technological capability as the IRS," he suggested.

But he and his staff believe immigration overall results in a net gain to U.S. taxpayers. And beyond the bottom line, Webb said, Americans ought to do the right thing.

 

Denver Sanctuary City policy and Executive Order 116

On December 2, 2005, concerned sovereign Coloradans surprised Denver Mayor John Hickenlooper at a burrito breakfast fundraiser at El Centro - Denver's Illegal Alien Hiring Hall. Citizens questioned him on Denver's sanctuary city policy and demanded the Denver Police Manual be changed to require full cooperation with Immigration and Customs Enforcement (ICE).

See pictures and video of the confrontation and of Denver's illegal alien hiring hall.

On May 8, 2005, Denver Police officer Don Young was assassinated in cold blood by an illegal alien employed at Denver Mayor Hickenlooper's restaurant. The horror is that Denver has an illegal alien sanctuary policy (Executive Order 116), implemented by former Mayor Webb in 1998, which:

  • Declares Denver's strong opposition to federal distinctions between legal immigrants and commits city officials "to the delivery of services to all of its residents."
  • Asserts that federal policy "unfairly impacts many of Denver's children, senior citizens and disabled residents."
  • Vows that the city will back legal rights of all residents in Denver, adding that Webb will urge businesses, schools, hospitals and universities to do the same.

Recently, City Attorney Finegan issued an opinion that Denver does not have a sanctuary policy and that Congressman Tancredo is wrong in saying that it does. Yet this opinion flies in the face of a 1999 City Attorney opinion on 116 that states the following:

  • Executive Order No. 116 is a limited cooperation ordinance. A limited cooperation ordinance recognizes that illegal or undocumented aliens are present in the United States in great numbers. Such limited cooperation ordinances recognize the immigration problem and offer a solution by making adjustments for the benefit of public safety.
  • Executive Order No. 116 discourages reporting of undocumented aliens who seek essential services.
  • ... illegal entry is a criminal offense which can be enforced by both state and federal officials, whereas illegal presence is a civil offense enforceable only by the INS.
  • Since the courts have strictly limited the enforcement of immigration laws by state and local law enforcement to the criminal provisions, it is clear that state and local law enforcement are under no affirmative duty to gather information on an individual's immigration status or to report a violation. Therefore, limited cooperation ordinances, like Executive Order No. 116, merely codify what the courts have already decided and that is, state and local officials have no jurisdiction to enforce civil provisions of federal immigration laws.
  • Moreover, both the present [police] departmental policy 104.5 and the interim policy, § 103.52(3) go further and restrict officers from enforcing even the criminal portions of the INA, without prior approval from a supervisor or commander.

 

Another order, Executive Order 119, authorized Denver to accept bogus Mexican Matricula Consular IDs, until prohibited by state law. Denver's police department operations manual states, "Generally, officers will not detain, arrest, or take enforcement action against a person solely because he/she is suspected of being an undocumented immigrant." It is not just Executive Orders 116 and 119, but rather these orders in conjunction with Denver's Police operations manual and city and police practices that embody Denver's sanctuary policy.

Denver's sanctuary policy is nothing more than a de facto amnesty for illegal aliens, including known felons. Denver's police officers are handcuffed by Denver's sanctuary policy. They are effectively prevented from notifying immigration authorities about the presence in Denver of illegal aliens. This virtual amnesty for foreign criminals places the safety and welfare of citizens at risk, and must stop.

See CAIRCO's May, 2005 Press conference and protest of Denver sanctuary policy.

Denver's Illegal Alien Sanctuary Policy - Denver Police Manual excerpt, 100 - 90

104.52 Arrest/Detention of Foreign Nationals

(1) Whenever any foreign national is arrested or detained, the arresting officer will determine the arrestee's country of citizenship and whether the arrestee wants his embassy to be notified.

(2) The arresting officer will then contact the Identification Section and provide that information plus the arrestee's full name and date of birth.

a. Identification Section personnel will consult the embassy notification list provided by the U.S. State Department. If the arrestee is a citizen of a country requiring mandatory notification, Identification Section personnel will make the notification.

b. If the foreign national requests the notification, it will be made.

c. If the arrestee's country of citizenship does not require mandatory notification and if the arrestee does not want notice given, no further information is necessary except that the arresting officer will note this information on the arrest documents.

d. The Identification Section will keep a record of all such foreign embassy notifications.

(3) Undocumented immigrants (includes illegal and “undocumented aliens” as referred to in the Federal Immigration and Naturalization act)

a. The responsibility for enforcement of immigration laws rests with the Immigration and Naturalization Service (I.N.S.). Denver Police officers shall not initiate police actions with the primary objective of discovering the immigration status of a person.

b. Generally, officers will not detain, arrest, or take enforcement action against a person solely because he/she is suspected of being an undocumented immigrant. If enforcement action is deemed necessary under these circumstances, the approval of an on duty supervisor or commander is required. In addition, as soon as is practical the commander of the involved officer shall be notified.

c. However, when a suspect believed to be an undocumented immigrant is arrested for other charges, a "Refer to Immigration" charge will be added to the original charges. Sheriff's Department Personnel will then notify the I.N.S. authorities according to their procedures.

d. The charge "Hold For Immigration" will be lodged against a prisoner only when a warrant has been issued by the U.S. Department of Justice, or an agency thereof, and then only when the warrant is on an immigration matter.

e. Physical evidence pertaining to immigration violations shall be placed in the Property Bureau as evidence when there is no arrest made. A letter detailing the circumstances of the recovery of the property and the property invoice number shall be sent to the commander of the Crimes Against Persons Bureau for disposition.

f. All questions pertaining to the handling of immigration related cases shall be directed to the officer’s supervisor and/or commanding officer. In addition, the commander of the Civil Liability Bureau is available for guidance regarding enforcement and non-enforcement immigration matters.

Fiscal cost of sanctuary cities

The following articles provide information on the fiscal cost of sanctuary cities:

Weekes: Taxpayers footing millions in Colorado’s criminal alien sanctuary city policies, Colorado Statesman, February 6, 2017.

Mapping $27 Billion In Federal Funding Of America's Sanctuary Cities, Adam Andrzejewski, Forbes, February 2, 2017. See excerpts on sanctuary city funding.

Report: Federal Funding of America's Sanctuary Cities, OpenTheBooks.com, February, 2017.

Interactive map: 2016 Federal Funds to Sanctuary Cities, OpenTheBooks.com, February, 2017:

 

 

Tancredo: Over 300 Sanctuary Cities Are Costing State and Local Taxpayers over $7,000,000 annually, Tom Tancredo, Breitbart, January 28, 2017.

Largest 10 Sanctuary Cities May Lose $2.27 Billion in Federal Funding, Breitbart, January 27, 2017.

Fort Collins defeated a proposed sanctuary city policy

Thanks to the efforts of concerned sovereign Coloradans, on October 4, 2005, the city of Fort Collins, Colorado, voted down a proposed ordinance that effectively would have made the city a sanctuary for illegal aliens. The resolution, two years in the making and written under the guise of protecting "immigrant rights", was in effect a sanctuary city policy.

The city of Fort Collins, Colorado, had considered an ordinance that effectively would have made the city a sanctuary city for illegal aliens. The proposed ordinance was soundly defeated at the Fort Collins City Council meeting on October 4, 2005,

The proponents of the so-called Human Rights Protection Ordinance (HRPO) have done this community a service by focusing a bright light on the issue of mass immigration in general and illegal immigration in particular. However, their proposed "solution" to the problem of illegal immigration was the exact opposite of what is needed.

The HRPO spoke to "respect the rights of, and provide equal services" to people who are here illegally - illegal aliens. It would have done so by severely limiting the ability of city employees to check the immigration status of people who are seeking city services or have been picked up for infractions such as traffic violations. It also would have required officials to recognize I.D.'s from other countries (including bogus matricula consular ID cards issued by foreign embassies) as valid identification in place of a U.S. drivers license.

Legitimatizing law breaking through the passage of the HRPO would have been bad public policy. It would have created an atmosphere of disrespect for our nations' laws and reduce the safety of Fort Collins residents by unnecessarily handcuffing law enforcement officials. The only ones who might have felt safer under the HRPO would be have been illegal aliens.

Numerous polls show that vast majorities of Americans are very concerned about illegal immigration. What Fort Collins citizens want and the nation's citizens are demanding is increased enforcement of our nation's immigration laws; not the lower levels of enforcement that sanctuary policies promote. Citizens want employers of illegal aliens punished, they are against drivers licenses for illegal aliens, they oppose sanctuary policies, are against amnesties and massive guest worker programs, and want our borders secured.

The Fort Collins City Council meeting

It was a long City Council meeting in Fort Collins, an hour and a half north of Denver. After more than an hour dealing with zoning issues, the so-called "Human Rights Ordinance" was addressed. Three advocates for the Human Rights Committee presented their case for the ordinance. Then individuals in the audience were allowed to speak. Over 50 people spoke on both sides of the issue. Many people gave rock-solid testimony why the ordinance was wrong. Testimony in favor of the ordinance relied upon emotionalism and tired platitudes, continually emphasizing that the ordinance had nothing to do with immigration.

This process took several hours. Then the Council members spoke. One particularly memorable council member comment went something like this: "I can not support deceptive legislation like the Healthy Forests or Clear Skies initiatives that are the opposite of their titles. Similarly, immigration is mentioned something like 20 times in the ordinance. This ordinance has nothing to do with human rights - it is an immigration ordinance." Another member stated approximately: "I have been dealing with this for two years, now. There are better ways to deal with suspected human rights issues other than by passing more legislation." A vote was taken and the proposed Fort Collins Sanctuary City ordinance was killed in a 5 to 2 vote!

This was the culmination of two years of effort by the Human Rights Committee and open borders proponents. CAIR only found out about the effort about three months before the deciding City Council meeting, but nevertheless rallied supporters throughout the area against the misguided ordinance. Never underestimate the power of concerned individuals. You made a difference! This defeat sends a clear message to other City Councils who may be considering similar ordinances.

Thanks to the dozens of folks who showed up to testify against the proposed ordinance. Immigration sanity would not have persevered without your presence. The sovereign people of the United States, Colorado, and Fort Collins persevered and won out against the forces of illegal invasion, neo-Marxism, and open borders!

The defeated sanctuary city ordinance

The HRPO ordinance was titled "Ordinance of the Council of the City of Fort Collins, amending Chapter 13 of the City Code to add a new Article III concerning discrimination based on immigration status." Excerpts from the defeated ordinance follow, with comments:

"WHEREAS, Fort Collins is a city striving to respect the rights of, and provide equal services to, all individuals regardless of race, ethnicity, or immigration status; and"

Comments: the citizens of Fort Collins never voted on whether to strive to provide equal services regardless of illegal immigration status. Indeed, had activists not recently exposed the issue, citizens would not have heard about this ordinance at all.

"WHEREAS, Fort Collins is a city striving to promote community safety, protect witnesses and victims, prevent racial profiling and profiling based upon immigration status, prevent pretextual arrests, promote tolerance, and allow people to do their jobs; and"

Comments: the citizens of Fort Collins never voted on whether to strive to prevent profiling based on illegal immigration status, nor to tolerate illegal aliens in their city, nor to allow illegal aliens to do their jobs."

"WHEREAS, recent terrorist attacks and the resultant tightening of security may have left immigrant communities afraid to access benefits to which they are entitled, for fear of being reported to the United States Immigration and Customs Enforcement (formerly, INS);"...

Comments: legal immigrant communities are not afraid to access benefits to which they are entitled, as they are in no fear of being deported. Illegal aliens have no benefits to which they are entitled, and their only right under our laws is to a swift and humane deportation.

"No city employee shall inquire into the immigration status of any person."...

"No city employee shall use city resources or personnel for the purpose of detecting or apprehending persons whose only violation of law is or may be being an undocumented alien, being our of immigration status, or illegally residing in the United States."

"Where presentation of a state driver's license is customarily accepted as adequate evidence of identity, a city employee shall, to the extent permitted by state and federal law, accept identification in the form of a photo identity document issued by the person's nation of origin, such as a driver's license, passport, or matricula consular, and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Colorado driver's license."

"It is illegal in Colorado to accept the bogus matricula consular ID card."

Letter

The following September 15, 2005 letter to the Fort Collins Weekly, by Steven Shulman, sheds light on the defeated ordinance:

"The proponents of the "Human Rights Protection Ordinance," which would prevent the police from asking about immigration status, claim that it would encourage illegal aliens who are the victims of domestic abuse to contact the police. However, domestic abuse often goes unreported. There is little reason to think that the HRPO would make much of a difference in that regard.

The proponents of the HRPO have made no effort to document their claim. Many cities have passed laws similar to the HRPO, and the evidence that it results in more crime reporting should be easy to come by. The proponents could have interviewed the police and social service providers about their perceptions of the problem. They could have even tried to conduct a survey of local illegal aliens. Instead, the proponents expect us to take their assertions and anecdotes at face value.

It is bad in principle to ignore one crime in order to encourage the reporting of another. For example, crack addicts probably have high rates of domestic abuse, but no one suggests that we should respond by refusing to enforce drug laws. Instead, we rely upon the judgment of the police to enforce or ignore laws in light of the circumstances.

The proponents of the HRPO call it a "public safety issue" and deny that it has anything to do with immigration. This is patently absurd. The HRPO sends out a signal that Fort Collins welcomes illegal aliens. It even begins by stating that "Fort Collins is a city striving to protect the rights of, and provide equal services to, all individuals regardless of race, ethnicity, or immigration status..."

Aside from the question of why we should provide equal services to illegal aliens, particularly in the midst of a budget crisis, it is worth wondering if the HRPO really would increase public safety. Illegal aliens, like any population group, contain some fraction that commit violent crimes. The harder it is for the police to detain them, the harder it will be for the police to stop the violent criminals among them. Cities like Los Angeles that have passed sanctuary laws like the HRPO have found that it makes it more difficult for them to fight violent crime.

The HRPO adds nothing to existing laws against ethnic profiling and discrimination. All it does is turn Fort Collins into a sanctuary city for illegal aliens. I find it hard to believe that City Council will agree that its mission includes mandates against law enforcement."

Related articles

City rejects immigration measure - Proposal aimed to bar city employees from questioning status
By Matthew Benson, The Coloradoan, October 5, 2005

The city of Fort Collins won't set limits on when its employees or police can ask residents whether they're in the country legally.

City Council rejected a measure Tuesday that would have barred city employees from asking individuals' immigration status except in specified cases. The so-called Human Rights Protection Ordinance failed on a 5-2 vote, with councilmen David Roy and Ben Manvel as the sole support...

The proposed ordinance would have placed strict limits on when and how residents [illegal aliens] could be asked their immigration status.

Exemptions would have been offered in a handful of cases such as determining eligibility for government programs. Police could have asked about immigration status when it was essential to an investigation or prosecution of a crime, but not in cases of petty offenses or traffic infractions.

Critics said the measure would have tied the hands of law enforcement, and Chief Dennis Harrison has warned it could have made his officers unwitting criminals while doing their jobs....

Enforcing our Immigration Laws
by Glen Colton, The Coloradoan, to be published September 30, 2005

The proponents of the so-called Human Rights Protection Ordinance (HRPO) have done this community a service by focusing a bright light on the issue of mass immigration in general and illegal immigration in particular. However, their "solution" to the problem of illegal immigration is the exact opposite of what is needed.

...The HRPO, if passed, would effectively make Fort Collins a "sanctuary city" for illegal aliens.

Legitimatizing law breaking through the passage of the HRPO is bad public policy.... Numerous polls show that vast majorities of Americans are very concerned about illegal immigration. What Fort Collins citizens want and the nation's citizens are demanding is increased enforcement of our nation's immigration laws; not the lower levels of enforcement that sanctuary policies promote. Citizens want employers of illegal aliens punished, they are against drivers licenses for illegal aliens, they oppose sanctuary policies, are against amnesties and massive guest worker programs, and want our borders secured...

[The] City of Fort Collins [should] Reject the HRPO and continue to allow law enforcement officials to use their discretion in asking for immigration status. Do not accept matricula cards as valid I.D - this is illegal in Colorado; Ensure that all employees of the City and its sub-contractors are U.S. citizens or legal immigrants....

Rights ordinance loses oomph - Impression of sanctuary may doom protection plan
By Matthew Benson, Fort Collins Coloradoan, August 28, 2005

After nearly two years of study and the formation of a special task force, a proposed Fort Collins ordinance that bars discrimination based on immigration status still faces an uphill battle....

Councilman Kurt Kastein balked at the ordinance's first clause, a provision stating that the city strives to provide equal services "to all individuals, regardless of race, ethnicity or immigration status."

"We are not striving to provide equal services to all people in our city if you include folks who are here illegally," he said.

Mayor Doug Hutchinson said public interest in the measure has been high - and overwhelmingly negative....

On the border - FORT COLLINS - The kid gloves stayed on Monday night in Harmony Library’s Community Room
By Kate Forgach, Fort Collins Rocky Mountain Bullhorn, August 25, 2005

...The hot topic was illegal immigration—particularly across the Mexican-American border—and eight protestors holding signs outside the library signaled potential controversy ahead....

Fort Collins resident Glen Colton moderated the evening’s event, which was organized by himself, five other local activists and the Lakewood-based Colorado Alliance for Immigration Reform (CAIR). CAIR Director Fred Elbel also spoke at the August 22 meeting....

CAIR members organized the meeting, “because it’s time to start talking about immigration, as a community and as a nation. The purpose of the meeting was to get people out, educate them and let them hear this side of the argument. We don’t believe that our side of the argument has been heard,” Colton says, adding that a primary goal is to see immigration slowed to about 200,000 entries per year. Current estimates put the number of Mexican immigrants into the United States at about 800,000 to 1 million each year....

Closer to home, the Human Rights Protection Ordinance came under fire at the meeting. Scheduled for presentation to city council on September 6, the ordinance would prevent city employees and police from asking an individual’s immigration status under most circumstances....

Immigration and the Alien Gang Epidemic: Problems and Solutions
Testimony of Heather Mac Donald, Senior Fellow, Manhattan Institute for Policy Research, before the House Judiciary Subcommittee on Immigration, Border Security, and Claims, April 13, 2005

...Sanctuary laws are a serious impediment to stemming gang violence and other crime. Moreover, they are a perfect symbol of this country’s topsy-turvy stance towards illegal immigration.

Sanctuary laws, present in such cities as Los Angeles, New York, Chicago, Austin, Houston, and San Francisco, generally forbid local police officers from inquiring into a suspect’s immigration status or reporting it to federal authorities. Such laws place a higher priority on protecting illegal aliens from deportation than on protecting legal immigrants and citizens from assault, rape, arson, and other crimes....

Sanctuary laws violate everything we have learned about policing in the 1990s. Police departments across the country discovered that utilizing every law enforcement tool in their tool chest against criminals yielded enormous gains....

Ignoring Detainers, Endangering Communities: State/local agencies release criminals rather than obey law

Article author: 
Jessica Vaughan
Article publisher: 
Center for Immigration Studies
Article date: 
Monday, July 13, 2015
Medium
Article Body: 

State and local sanctuary policies caused the release of more than 8,000 criminal alien offenders sought by ICE for deportation in 276 jurisdictions1 around the country over an eight-month period, according to ICE records obtained by the Center for Immigration Studies in a FOIA request.2 Sixty-three percent of the individuals freed by local authorities had prior criminal histories or were labeled a public safety concern at the time of their release. Nearly 1,900 of the released offenders subsequently were arrested for another crime within that eight-month period. ICE arrested approximately 750 of the recidivists, but just over 1,000 (60 percent) remained at large.

276 Jurisdictions Had Sanctuary Policies. According to the report, as of last year, there were 276 state and local jurisdictions that had adopted policies of non-compliance with ICE detainers. These policies took the form of policies, laws, executive orders, or regulations. These jurisdictions were located in 43 states and the District of Columbia. (See map here.)

What Is a Detainer? A detainer is the primary tool used by ICE to take custody of criminal aliens for deportation. It is a notice to another law enforcement agency that ICE intends to assume custody of an alien, and it includes information on the alien's previous criminal history, immigration violations, and potential risk to public safety or security.3

Number of Detainers Refused. From January 1, 2014, to August 31, 2014, local law enforcement agencies refused to comply with a total of 8,811 detainers, resulting in aliens being released from custody. These detainers were associated with 8,145 individuals, of whom:

  • 7,600 had one declined detainer;
     
  • 464 had two declined detainers; and
     
  • 81 had three or more declined detainers.

According to information obtained from government sources, as of June 2015 more than 17,000 detainers had been refused by local sanctuary jurisdictions.

Most Offenders Released Had Priors; One-Fourth Were Already Felons. The majority (63 percent) of the individuals freed by local agencies had serious prior criminal records.

  • 5,132 were previously convicted or charged with a crime or were labeled a public safety concern. Of these,
     
  • 2,984 had a prior felony conviction or charge;
     
  • 1,909 had a prior misdemeanor conviction or charge related to violence, assault, sexual abuse, DUI, weapons, or drug distribution or trafficking; and
     
  • 239 had three or more other misdemeanor convictions.

The report does not state how many of the released offenders had prior single misdemeanors or other types of violations not directly associated with violence, assault, or drugs.

1,900 Released Offenders Were Later Arrested 4,300 Times; Most Are Apparently Still at Large, even after Re-Offending. Of the 8,145 individual aliens freed by local agencies, there were 1,867 (23 percent) who were subsequently arrested again for a criminal offense.

  • ICE took action (arrest or removal) against 40 percent (751) of the 1,867 who re-offended.
     
  • 1,116 (60 percent) of the re-offenders were considered at large at the time of the study.

Crimes Committed after Release by Sanctuaries. The 1,867 offenders who were released and subsequently re-offended were arrested 4,298 times during the eight-month period covered by the study. They accumulated 7,491 new charges in total, after their release. Ten percent of the new charges involved dangerous drugs and seven percent were for driving under the influence of alcohol (DUI).

The report describes six instances of very serious crimes committed by criminal alien felons who were sought by ICE with a detainer, but nevertheless released by a local law enforcement agency with sanctuary policies:

  • Santa Clara County, Calif.: On April 14, 2014, an individual with nine previous convictions (including seven felonies) and a prior removal was arrested for "first degree burglary" and "felony resisting an officer causing death or significant bodily injury". Following release, the individual was arrested for a controlled substance crime.
     
  • Los Angeles, Calif.: On April 6, 2014, an alien was arrested for "felony continuous sexual abuse of a child". After release, the alien was arrested for "felony sodomy of a victim under 10 years old".
     
  • San Francisco, Calif.: On March 19, 2014, an illegal alien with two prior deportations was arrested for "felony second degree robbery, felony conspiracy to commit a crime, and felony possession of a narcotic controlled substance", After release, the alien was again arrested for "felony rape with force or fear", "felony sexual penetration with force", "felony false imprisonment", witness intimidation, and other charges.
     
  • San Mateo County, Calif.: On February 16, 2014, an individual was arrested for "felony lewd or lascivious acts with a child under 14". In addition, the alien had a prior DUI conviction. Following release by the local agency, the individual was arrested for three counts of "felony oral copulation with a victim under 10" and two counts of "felony lewd or lascivious acts with a child under 14".
     
  • Miami Beach, Fla.: On December 19, 2013, the police department arrested an alien for felony grand theft. This alien had been ordered removed (and presumably absconded) in 2009. The alien also had prior convictions for strong-arm robbery, cocaine possession, larceny, trespassing, theft, marijuana possession, and resisting an officer. After release by the local agency, the alien was arrested on two separate occasions; once for "aggravated assault with a weapon and larceny" and once for "under the influence of a controlled substance".
     
  • Santa Clara County, Calif.: On November 7, 2013, an alien was arrested (and later convicted) for "felony grand theft and felony dealing with stolen property". This alien had been ordered removed in 2010 (again, a likely absconder). The alien also had prior felony and misdemeanor convictions for narcotic possession, theft, receiving stolen property, illegal entry, and other crimes. After release by local authorities, the alien was arrested for "felony resisting an officer causing death or severe bodily injury" and "felony first degree burglary".

Which Jurisdictions Are Sanctuaries? As of the date of the report, 276 counties in 43 states had refused to comply with an ICE detainer. The largest number of detainers were refused in the following jurisdictions:

  • Santa Clara County, Calif.
     
  • Los Angeles County, Calif.
     
  • Alameda County, Calif.
     
  • San Diego County, Calif.
     
  • Miami-Dade County, Fla.

The ICE report included a list of the 20 detention facilities that had housed the inmates that were freed, but it was redacted from the document. The report states that the following jails were among the top 20:

  • Santa Clara County Jail in San Jose, Calif.
     
  • Santa Rita Jail in Dublin, Calif.
     
  • Twin Towers Correctional Facility in Los Angeles, Calif.
     
  • Dade Correctional Institution in Miami, Fla.
     
  • Vista Detention Facility in San Diego, Calif.

Conclusion. Local refusal to comply with ICE detainers has become a public safety problem in many communities, and a mission crisis for ICE that demands immediate attention.

The decision to release a criminal offender that ICE is seeking to deport is the responsibility of the local law enforcement agency. Even if the agency believes that it faces legal liability if it complies with a detainer, or if local or state laws forbid compliance, the agency still can communicate with ICE by phone, email, or other means to coordinate a custody transfer that does not require a detainer to be executed. So no sheriff or police department is "forced" to release criminal aliens who would otherwise be taken by ICE.

One way to address this problem is for state governments to pass legislation or issue legal opinions clarifying that law enforcement agencies are authorized and expected to comply with ICE detainers or make other arrangements with ICE for the transfer of inmates on the path to deportation.

Many believe that the federal government has grounds to sue San Francisco in federal court for obstructing its work. That's a good idea in theory, but the Obama administration has made it clear that it will assert federal supremacy in immigration matters only when the states like Arizona are trying to help enforce the laws, not when states like California try to block enforcement.

Moreover, the Obama administration has given sanctuaries free rein to ignore detainers by ending the successful Secure Communities program and replacing it with the Priority Enforcement Program.4 This new program explicitly allows local agencies to disregard ICE notifications of deportable aliens in their custody by replacing detainers with "requests for notification".

The only truly effective and lasting solution is for Congress to spell out in federal law that local law enforcement agencies must cooperate with ICE by complying with all detainers or face sanctions in the form of disqualification from certain kinds of federal funding. Such a provision has been included in the Davis-Oliver Act, introduced by Rep. Trey Gowdy (R-S.C.) and Sen. Jeff Sessions (R-Ala.), and named in honor of two deputies who were killed last year by a previously deported illegal alien cartel operative in California.5

The Davis-Oliver Act has earned the endorsement of the National Sheriffs' Association as well as many individual sheriffs and police chiefs, indicating that Sheriff Mirkarimi's sanctuary policies are well out of the mainstream of law-enforcement practice in America. Congress — and the presidential candidates — should join the sheriffs' association in working for a new approach that will keep the list of victims from growing.


End Notes

1 See Bryan Griffith and Marguerite Telford, "Map of Sanctuary Cities, Counties and States", Center for Immigration Studies, July 2015.

2 "Declined Detainer Outcome Report", ICE Law Enforcement Systems & Analysis Unit, October 4, 2014.

3 For a discussion of recent developments surrounding ICE use of detainers, see Dan Cadman and Mark Metcalf, "Disabling Detainers", Center for Immigration Studies, January 2015. A copy of the ICE detainer form can be found here.

4 See memo from DHS Secretary Jeh Johnson entitled "Secure Communities", one of the executive actions taken on November 20, 2014.

5 See Dan Cadman, "Analysis of the Davis-Oliver Act", Center for Immigration Studies, July 2015.

 

After the Steinle Murder, the Recklessness of Sanctuary Cities Becomes Painfully Glaring

Article author: 
Ian Smith
Article publisher: 
National Review
Article date: 
Thursday, July 9, 2015
Medium
Article Body: 

...With major media now finally reporting on killings committed by illegal aliens, the pressure may be mounting on enablers like San Francisco mayor Edwin Lee to put an end to the immigration anarchy in their cities.

 

How Sanctuary Policies Have Directly Led to Thousands of Crimes Against Americans

Article author: 
Hans von Spakovsky
Article publisher: 
The Daily Signal
Article date: 
Sunday, July 12, 2015
Medium
Article Body: 

...As Jessica Vaughan of the Center for Immigration Study outlines, Department of Homeland Security records show that in just one eight-month period in 2014, more than 8,100 deportable aliens were released by sanctuary jurisdictions. Three thousand of them were felons and 62 percent had a prior criminal record. Nineteen hundred were later rearrested a total of 4,300 times on 7,500 different offenses.

Thus, these sanctuary policies directly victimized thousands of the residents of these sanctuary cities who were subjected to assaults, burglaries, sexual assaults, thefts and even murders that would not have occurred except for these sanctuary policies. 

But there is more. In 2005, at the request of several members of Congress, the Government Accountability Office prepared two reports on criminal aliens—legal and illegal—in prison for committing crimes in the United States. Those reports are very revealing. For example, the first report (GAO-05-337R) released on April 7, 2005, found that:

  • The percentage of federal prisoners who are criminal aliens is about 27 percent;
  • In 2004, there were 49,000 such prisoners in federal jails;
  • In 2002, the federal government gave reimbursements to the 50 states under the “State Criminal Alien Assistance Program” (SCAAP) for incarcerating another 77,000 illegal aliens in state prisons; and
  • At the local level in 2002, the federal government reimbursed 750 local governments under SCAAP for incarcerating an additional 138,000 criminal illegal aliens, which jumped to 147,000 prisoners in 2003.

It is important to note that these reported numbers “represent only a portion of the total population of criminal aliens who may be incarcerated at the local level,” since the federal government does “not reimburse localities for all criminal aliens” and some states don’t submit requests for reimbursement. So where were all of these criminal aliens from? According to the GAO report, the breakdown was as follows:

Federal prisons:  Mexico (63 percent); Colombia (7 percent); the Dominican Republic (7 percent); Jamaica (4 percent); Cuba (3 percent); El Salvador (2 percent); Honduras, Haiti and Guatemala (each 1 percent), and the remaining 11 percent from 164 other countries.

State prisons: In the five states (Arizona, California, Florida, New York and Texas) incarcerating about 80 percent of SCAAP criminal aliens, the prisoners were from Mexico (58 percent); Cuba (5 percent); Dominican Republic (5 percent); El Salvador (4 percent); Jamaica (3 percent); Vietnam (2 percent); and the remaining 22 percent from 148 other countries.

Local jails: In the five local jails with the largest criminal illegal alien populations, the prisoners were from Mexico (65 percent); El Salvador (6 percent); Guatemala (3 percent); Honduras (2 percent); South Korea, Vietnam, the Dominican Republic and the Philippines (each 1 percent); and the remaining 20 percent from 193 other countries.

Thus, it is clear that criminal aliens already represent more than a quarter of all of the prisoners in federal prisons and are present in large numbers in state and local jails.

The second GAO report (GAO-05-646R), released on May 9, 2005, looked at the crimes committed by 55,322 aliens who “had entered the country illegally and were still illegally in the country at the time of their incarceration in federal or state prison or local jail during fiscal year 2003.”

The path of destruction weaved by these 55,322 illegal aliens was truly shocking. According to GAO, these criminal aliens:

  • Were arrested a total of 459,614 times, averaging about eight arrests per illegal alien;
  • 97 percent had more than one arrest, while 26 percent had over 11 arrests;
  • Committed almost 700,000 criminal offenses, averaging 13 offenses per illegal alien;
  • 10 percent of these illegal aliens were arrested for committing 26 or more offenses;
  • Out of all of the arrests, 12 percent were for violent crimes such as murder, robbery, assault and sex-related crimes; 15 percent were for burglary, larceny, theft and property damage; 24 percent were for drug offenses; and the remaining offenses were for DUI, fraud, forgery, counterfeiting, weapons, immigration and obstruction of justice; and
  • 80 percent of the arrests occurred in just three states: California, Texas, and Arizona..

Articles on Colorado Sanctuary Cities

Weekes: Taxpayers footing millions in Colorado’s criminal alien sanctuary city policies
By Stan Weekes, Colorado Statesman, February 6, 2017

... The larger the criminal alien population protected in a sanctuary city, the larger will be the burden placed on the community as those criminal aliens cycle in and out of the courts and jails instead of being turned over to federal authorities as stipulated in federal law. When Denver, Boulder, Pueblo or any county jail releases a criminal alien into the community instead of honoring a detainer request from ICE, politicians are placing political correctness and political alliances ahead of public safety. They are also contributing to the taxpayer burden of unreimbursed incarceration costs — a total of over $100 million annually in combined state and local jail costs...

Colorado’s Illegal Alien Crime Wave
By Fred Elbel, The Social Contract, Summer, 2011

In the early morning hours of Mother’s Day 2005, Denver Police Detective Donny Young was assassinated in cold blood by an illegal alien. Young was working off duty in uniform with Detective John Bishop at the Solano Ocampo Hall to earn extra income to support his wife and two young daughters. Illegal alien Raul Gomez-Garcia approached and shot both officers in the back. Detective Young was critically wounded, while Bishop was saved by his bulletproof vest.

Detective Young had received the Medal of Honor Award, 10 official commendations, the Distinguished Service Cross Award, and two letters of commendation.

Killer Gomez-Garcia (aka Garcia-Gomez) fled to Mexico after the murder, where he was arrested and returned to Denver. But the extradition was predicated on an agreement between the Denver District Attorney and Mexico that he would not file charges carrying a life sentence or the death penalty - apparently Mexico is very sensitive to the needs of their criminal class. Gomez-Garcia, with the number “13” etched into the back of his head, was sentenced to 80 years. (“M” is the 13th letter of the alphabet and often represents the Surenos gang and typically designates “Murder” or “Mexican”.)

Sadly, the story gets even more convoluted.

Just hours after the heinous assassination, illegal alien Gomez-Garcia reported for a full shift at the Cherry Cricket restaurant where he worked. In order to get the job, he had provided a fraudulent Social Security card which had been used in three states by three other illegals.

The restaurant where Gomez-Garcia worked was owned by none other than Denver’s Mayor John Hickenlooper. Ironically, in December of 2005 Hickenlooper was the keynote speaker at a fundraiser burrito breakfast for El Centro Humanitario para los Trabajadores - Denver’s illegal alien hiring hall.

It was later revealed that Gomez-Garcia had been stopped for traffic violations three times. When asked why Gomez-Garcia had not been turned over to ICE, Hickenlooper replied “these are complicated issues.”

“Complicated,” indeed....

Read the complete article

City rejects immigration measure - Proposal aimed to bar city employees from questioning status
By Matthew Benson, The Coloradoan, October 5, 2005

The city of Fort Collins won't set limits on when its employees or police can ask residents whether they're in the country legally.

City Council rejected a measure Tuesday that would have barred city employees from asking individuals' immigration status except in specified cases. The so-called Human Rights Protection Ordinance failed on a 5-2 vote, with councilmen David Roy and Ben Manvel as the sole support....

The proposed ordinance would have placed strict limits on when and how residents [illegal aliens] could be asked their immigration status.

Exemptions would have been offered in a handful of cases such as determining eligibility for government programs. Police could have asked about immigration status when it was essential to an investigation or prosecution of a crime, but not in cases of petty offenses or traffic infractions.

Critics said the measure would have tied the hands of law enforcement, and Chief Dennis Harrison has warned it could have made his officers unwitting criminals while doing their jobs....

Enforcing our Immigration Laws
by Glen Colton, The Coloradoan, to be published September 30, 2005

The proponents of the so-called Human Rights Protection Ordinance (HRPO) have done this community a service by focusing a bright light on the issue of mass immigration in general and illegal immigration in particular. However, their "solution" to the problem of illegal immigration is the exact opposite of what is needed.

...The HRPO, if passed, would effectively make Fort Collins a "sanctuary city" for illegal aliens.

Legitimatizing law breaking through the passage of the HRPO is bad public policy.... Numerous polls show that vast majorities of Americans are very concerned about illegal immigration. What Fort Collins citizens want and the nation's citizens are demanding is increased enforcement of our nation's immigration laws; not the lower levels of enforcement that sanctuary policies promote. Citizens want employers of illegal aliens punished, they are against drivers licenses for illegal aliens, they oppose sanctuary policies, are against amnesties and massive guest worker programs, and want our borders secured...

[The] City of Fort Collins [should] Reject the HRPO and continue to allow law enforcement officials to use their discretion in asking for immigration status. Do not accept matricula cards as valid I.D - this is illegal in Colorado; Ensure that all employees of the City and its sub-contractors are U.S. citizens or legal immigrants....

Immigration and the Alien Gang Epidemic: Problems and Solutions
Testimony of Heather Mac Donald, Senior Fellow, Manhattan Institute for Policy Research, before the House Judiciary Subcommittee on Immigration, Border Security, and Claims, April 13, 2005

...Sanctuary laws, present in such cities as Los Angeles, New York, Chicago, Austin, Houston, and San Francisco, generally forbid local police officers from inquiring into a suspect’s immigration status or reporting it to federal authorities. Such laws place a higher priority on protecting illegal aliens from deportation than on protecting legal immigrants and citizens from assault, rape, arson, and other crimes.

Let’s say a Los Angeles police officer sees a member of Mara Salvatrucha hanging out at Hollywood and Vine. The gang member has previously been deported for aggravated assault; his mere presence back in the country following deportation is a federal felony. Under the prevailing understanding of Los Angeles’s sanctuary law (special order 40), if that officer merely inquires into the gangbanger’s immigration status, the officer will face departmental punishment.

To get the felon off the street, the cop has to wait until he has probable cause to arrest the gangbanger for a non-immigration crime, such as murder or robbery. It is by no means certain that that officer will successfully build a non-immigrant case against the gangster, however, since witnesses to gang crime often fear deadly retaliation if they cooperate with the police. Meanwhile, the gangbanger is free to prey on law-abiding members of his community, many of them immigrants themselves.

This is an extraordinarily inefficient way to reduce crime. If an officer has grounds for arresting a criminal now, it is perverse to ask him to wait until some later date when maybe, if he is lucky, he will have an additional ground for arrest....

The standard argument for sanctuary laws is that they encourage illegal aliens to work with the police or seek government services. This argument is based on myth, not evidence. No illegal alien advocate has ever provided a shred of evidence that sanctuary laws actually accomplish their alleged ends. Nor has anyone shown that illegal aliens are even aware of sanctuary laws. The evidence for the destructive effects of sanctuary laws is clear, however.

The idea that sanctuary laws are “pro-immigrant” is perhaps the greatest myth of all. Keeping illegal criminals in the community subjects all immigrants [as well as illegal aliens] to the thrall of crime and impedes economic growth in immigrant communities.

Obviously, the final prerequisite for ridding immigrant communities of illegal thugs is enough ICE detention space and deportation resources. But providing police officers with every lawful tool to fight crime is a crucial first step to protecting immigrant lives and should be the unanimous recommendation of the Subcommittee.

Articles on Fort Collins' proposed sanctuary policy for illegal aliens

Fort Collins, Colorado, was considering implementing a sanctuary policy for illegal aliens. Below are selected articles:

When Does 'Safety' Become 'Sanctuary'? - City Council prepares, at last, to hear the proposed Human Rights Protection Ordinance
By Jamie Way, Fort Collins Weekly, September 14, 2005

For most people in Fort Collins, calling the police in the wake of a crime is a logical response to being victimized....

But not for everyone....

Utilizing services like the police that legal citizens take for granted could lead to [illegal aliens] "getting into trouble...

Fred Elbel is the director of the Denver-based Colorado Alliance for Immigration Reform, an organization that opposes measures like the Human Rights Protection Ordinance. He claims that the ordinance would merely "hamstring city employees and law enforcement officers" while protecting illegal aliens. Elbel says that crime victims can already report crimes under the current system—although he acknowledges that they may risk deportation if it's discovered that they're in the country illegally.

"Those illegal aliens can come forward at any time if they fear for their safety. They will almost certainly be given whatever protection the law affords," Ebel says in an email interview. "Just as a house burglar may be arrested if she reports an abusive partner in crime, illegal aliens who come forth also stand to be deported according to our immigration laws for the crimes they have committed by entering our country illegally."

If adopted, the ordinance would offset the effects of the federal Clear Law Enforcement for Criminal Alien Removal Act proposed by Rep. Charlie Norwood of Georgia in July 2003. The measure, known as the CLEAR Act, was reintroduced on June 30. If adopted into law, CLEAR would provide financial assistance to states that would enforce immigration laws "in the course of carrying out such agency's law enforcement duties."....

Glen Colton, a Fort Collins resident and member of the Colorado Alliance for Immigration Reform, does not believe that the Human Rights Protection Ordinance proposes any new policy on racial profiling.

"Calling it the 'HRPO' is a misnomer," Colton said in an email interview. "In reality, it provides sanctuary to illegal aliens and is unnecessary because there are already strong laws against profiling. It will result in Fort Collins becoming a safe haven to those who have broken immigration laws."

According to Mayor Doug Hutchinson, in large part the ordinance is repetitive and merely reiterates existing laws. Historically, it has not been the policy of the Fort Collins police to inquire about immigration status and racial profiling is already illegal.

"The ordinance isn't going to change any city policies. It's unnecessary," Hutchinson says. "I can't speak for this council, but I don't think there's a lot of support for this ordinance as it's written."

Rights ordinance loses oomph - Impression of sanctuary may doom protection plan
By Matthew Benson, Fort Collins Coloradoan, August 28, 2005

After nearly two years of study and the formation of a special task force, a proposed Fort Collins ordinance that bars discrimination based on immigration status still faces an uphill battle....

Councilman Kurt Kastein balked at the ordinance's first clause, a provision stating that the city strives to provide equal services "to all individuals, regardless of race, ethnicity or immigration status."

"We are not striving to provide equal services to all people in our city if you include folks who are here illegally," he said.

Mayor Doug Hutchinson said public interest in the measure has been high - and overwhelmingly negative....

On the border - FORT COLLINS - The kid gloves stayed on Monday night in Harmony Library's Community Room
By Kate Forgach, Fort Collins Rocky Mountain Bullhorn, August 25, 2005

...The hot topic was illegal immigration—particularly across the Mexican-American border—and eight protestors holding signs outside the library signaled potential controversy ahead...

Fort Collins resident Glen Colton moderated the evening's event, which was organized by himself, five other local activists and the Lakewood-based Colorado Alliance for Immigration Reform (CAIR). CAIR Director Fred Elbel also spoke at the August 22 meeting...

CAIR members organized the meeting, "because it's time to start talking about immigration, as a community and as a nation. The purpose of the meeting was to get people out, educate them and let them hear this side of the argument. We don't believe that our side of the argument has been heard," Colton says, adding that a primary goal is to see immigration slowed to about 200,000 entries per year. Current estimates put the number of Mexican immigrants into the United States at about 800,000 to 1 million each year....

Closer to home, the Human Rights Protection Ordinance came under fire at the meeting. Scheduled for presentation to city council on September 6, the ordinance would prevent city employees and police from asking an individual's immigration status under most circumstances....

Read more about the Fort Collins proposed sanctuary policy for illegal aliens.

Articles on Denver's sanctuary policy for illegal aliens

Mayor's company faces conundrum in hiring workers (Denver)
Casper Star Tribune, July 18, 2005

DENVER (AP) - Dozens of workers whose names don't match their Social Security numbers have been allowed to work at a restaurant company owned partly by Denver Mayor John Hickenlooper, according to The Denver Post.

An undocumented worker [illegal alien] who was a dishwasher at a Wynkoop Holdings Inc. restaurant, allegedly shot two off-duty officers in May, killing one, prompting the company to change its policy to one where names are double-checked.

Dozens of employees have been allowed to work, despite discrepancies, according to Mark Eddy, a Wynkoop spokesman....

Extradition stirs up controversy (Denver)
By By Lisa Friedman, Washington Bureau, Los Angeles Daily News.com, June 12, 2005

The family of slain Los Angeles sheriff's Deputy David March finds both solace and sadness in the arrest in Mexico of a man suspected of killing a Denver police officer.

But the decision of the Denver district attorney to not seek the death penalty or life imprisonment in exchange for getting the suspected killer back to the U.S. also has exacerbated rifts within the March family and added to recriminations about the case.

In Washington, both the Los Angeles and Denver cases are serving as a call to arms among members of Congress bent on pressuring the administration to renegotiate its extradition treaty with Mexico.

Under that pact, the Mexican government refuses to extradite criminal suspects who may face the death penalty or life in prison, both of which the Mexican Supreme Court has ruled to be cruel and unusual punishment....

Littwin: Firing illegal immigrants no joyful task (Denver)
By Mike Littwin, Rocky Mountain News, May 24, 2005

Lee Driscoll is cracking down on illegal immigrants in his restaurants....

And it's tearing him up inside.

He's going to fire as many as 51 of his employees - for crimes that include trying to make a living for their families....

"I think it will make me very emotional," he is saying on the day the story breaks. "I think it will make me cry."

Lee Driscoll is CEO of Wynkoop Holdings Inc., which runs the restaurants partly owned by John Hickenlooper....

But the restaurants, it turns out, have everything to do with Hickenlooper....

Raul Garcia-Gomez was a dishwasher at the Cherry Cricket - one of Hickenlooper's restaurants - when he allegedly killed Detective Donnie Young....

And so this won't come up again, Wynkoop will now use the new software to screen Social Security numbers at the time of hire. No match means no job. There's no law forcing Wynkoop to do any of this. There's a political reality that begins and ends with restaurants owned by mayors.

But what is clearly true is that Denver is not a sanctuary city - not if that means it's somehow different from other cities. If you listen to talk radio, or Tom Tancredo, you'd think Denver was the Big Rock Candy Mountain for illegal immigrants, who race here for all the goodies city officials are handing out. But the only service I can see that isn't federally mandated is that, as in most cities, cops don't turn you over to immigration if you have an accent and you run a stop sign....

Immigration excuses need some work (Denver)
David Harsanyi, The Denver Post, May 23, 2005

 

Did you know some consider it racist to oppose illegal immigration but perfectly reasonable to support a system that casts illegal Mexican immigrants in the most menial and undesirable jobs?

The enlightened, it would seem, need someone to wash the dishes when they are done with their seared ahi and pinot noir in the finest Cherry Creek bistros.

Makes you wonder, though: Who are the bigots here?

Speaking of bigots, Mexican President Vicente Fox says these illegals do jobs "that not even blacks want to do." Odious on its face, it gives you a taste of what El Presidente thinks of his northern citizenry - despite the tens of billions they send home each year.

Here in our homeland, we're told that illegal immigrants aren't driving down wages, they're simply taking jobs Coloradans wouldn't dream of doing.

In other words: We like slave labor....

Colorado provides illegal immigrants free use of hospitals and city homeless shelters, while they make up around 20 percent of the Colorado jail population. And the state affords tens of thousands of immigrant children free schooling.

Is it racist to point out these facts? Or do open-border advocates cleverly equate rational immigration control with irrational bigotry?

If you want open borders and have no use for American sovereignty, just say so....

Hickenlooper can influence policy beyond his charge. And there are two things he could do tomorrow.

The first step should be an insistence that Denver police change their booking policy to include "illegal" as a designation (whether Mexican, Russian, Chinese, Canadian - especially Canadian - illegals) to start building a quantitative data bank of repeat offenders.

Second, the mayor could check out the Illegal Immigration and Immigrant Responsibility Act of 1996, which says that state and local governments may designate local officers to "perform a function of a federal immigration officer in relation to the investigation, apprehension or detention of aliens in the United States."

To achieve this, Hickenlooper would need to enlist the aid of Gov. Bill Owens and Colorado Attorney General John Suthers to petition the U.S. attorney general for such status (only two states have so far) and help make Denver less of a sanctuary for illegal immigrants.

New ID scrutiny - Mayor's eateries will require better proof in wake of slaying (Denver)
By April M. Washington, Rocky Mountain News, May 24, 2005

The manager of Mayor John Hickenlooper's restaurants is tightening the company's hiring policies regarding the employment of illegal immigrants.

Applicants won't get a job if they can't produce a valid Social Security number.

Few, if any, restaurants in the area have such a strict regulation....

From the Jawbone of Another Ass (Denver)
By Jan Herron, Magic City Morning Star, May 22, 2005

Straight from the jawbone of another ass comes betrayal by an elected official of his Oath of Office and the people he swore to protect.

The specific ass in question is Mayor John "please come to Denver, illegal aliens" Hickenlooper, whose Denver Police Department follows the "hands off" policy to illegal aliens outlined in his predecessor's Executive Order 116.

After the recent ambush by a Mexican illegal alien of two Denver PD officers, followed by the death of Officer Donald Young, His Honor was criticized for continuing Denver's "sanctuary" policy that enabled accused murderer Raul Garcia-Gomez to weather three separate police encounters with no notification to federal immigration authorities apprehension.

... City Attorney Cole Finegan shared with the News a 1999 legal opinion that Denver cops have no obligation to report to federal authorities that a person they have contacted is an illegal immigrant. In trying to "have it both ways," that same opinion claims nothing in Executive Order No. 116 prevents an officer from enforcing criminal sections of immigration law.

Hickenlooper joined the official flip-flop on May 19: "Local government's role is not to arrest, combine or expel those without valid visas," he said in an interview, "Our policy is to follow the interpretation of the federal law." Does that mean His Honor copies President George Bush with his refusal to enforce federal laws?

Coloradans can thank Congressman Tom Tancredo for disclosing to the public what Hickenlooper wanted to keep under wraps: how Hickenlooper's administration continued the "sanctuary" policy that turns a blind eye to civil and criminal violations by illegal aliens rather than to send them to ICE for deportation. The congressman provided all the details of Raul Garcia-Gomez' three routine encounters with the Denver PD. Despite three successive times of presenting a Mexican drivers' license, his presence in the country was never questioned or investigated.

And where did llegal alien murderer Raul Garcia-Gomez gain employment but at Denver's Cherry Cricket, where his uncle managed the kitchen for owner Mayor John Hickenlooper? (We now know the restaurant by the new name in honor of his illegal alien staff - Cherry Cockroach.) Was Mayor Hickenlooper daunted to learn that his trustful business partner, Lee Driscoll, hires illegal aliens whose documents are so clearly phony that even the police commented on their "probable fraudulence?" Not at all.

Did Hickenlooper feel it incumbent to rescind Denver's "sanctuary" policy that led to the murder of Officer Donald Young and other Coloradans? Not at all. His Honor stated publicly on two separate Denver radio shows that forwarding to ICE the names of suspected illegal aliens encountered during traffic stops would not be practical. In other words, back to business as usual.

Hickenlooper further "passed the buck" by explaining that Congress has to work the issues of enforcing immigration laws. His Honor has in his own backyard Congressman Tom Tancredo to "work the immigration issue," yet the Mayor and his staff rarely miss an opportunity to castigate the congressman's efforts. If the Mayor wants so deeply for the "federal government to work the immigration issue," when will he begin publicly supporting Tom Tancredo's efforts in Washington?

The agenda of Mayor Hickenlooper is crystal-clear: he, his staff, his fellow restauranteurs and big business cronies are propaganda mills for illegal immigration. Might supporting federal immigration law enforcement hinder the operation of Hickenlooper's business dependence on hiring illegal aliens?...

This Mayor has violated his oath of office by placing his personal interests before the citizens he swore to protect. Clearly, his business interests, those of his cronies and the illegal aliens providing their "cheap labor" drive his agenda during his mayoral tenure....

Blake: GOP thinks it finally sees Hickenlooper's feet of clay (Denver)
Peter Blake, Rocky Mountain News, May 21, 2005

...The fatal shooting of Detective Donald Young and wounding of Detective Jack Bishop, allegedly by a Mexican citizen who worked in one of Hickenlooper's restaurants, has focused attention on the city's willingness to tolerate, if not encourage, illegals.

The so-called "sanctuary" policy was initiated by former Mayor Wellington Webb, but Hickenlooper has done nothing to change it.

"Illegal immigration is the silent issue that resonates with a majority of Republicans and Democrats," said Senate Minority Leader Mark Hillman, R-Burlington. "It's almost politically incorrect to talk about it but I am constantly amazed by the number of blue-collar Democrats who seem to be just as outspoken about this as conservative Republicans" - at least when they think no reporters are near.

Hickenlooper has enjoyed bipartisan popularity because "he doesn't violate obvious liberal orthodoxies" while being "sensible on business issues," said Hillman, who clearly enjoyed "listening to him squirm" on Mike Rosen's show Thursday....

Despite the denials, Hickenlooper's Denver is in fact a "sanctuary" city, insisted House Minority Leader Joe Stengel, R-Littleton. Police don't often check backgrounds of people they stop and when they do turn out to be illegals, "they just turn them loose."

Nor can Hickenlooper claim he has no control over the "blind trust" that he has put his restaurants in, said Stengel. "As the beneficiary of the trust he can force the trustee to do what is proper . . . He has more control than he would lead the public to believe."

What's more, the trustee has a fiduciary duty to protect the assets of the trust and by hiring illegals he has put them in jeopardy.

Stengel said he would introduce legislation next session that would punish employers who don't take action against illegal employees once they've been told by the federal government their documents are fraudulent....

Rosen: Closing the sanctuary (Denver)
By Mike Rosen, the Rocky Mountain News, May 20, 3005

Raul Garcia-Gomez might do for the cause of immigration reform what Ward Churchill has done for reform of leftist domination in academia. The alleged cop killer - Garcia-Gomez that is, not Churchill - has focused the spotlight on governmental and business laxity and duplicity in regard to immigration policy and enforcement....

Denver cops are understandably grieving, angry and frustrated right now. I join them in mourning the loss of Detective Donald Young. The police are not to blame for crimes committed by illegal immigrants in our city. That's a political failure shared by federal and local governments....

The practical definition of a sanctuary city is one that accommodates illegal immigrants, making it easier for them to move freely in the community, conduct commerce, and exploit government services while discouraging the police from proactively identifying them and informing federal authorities so that they may be prosecuted and deported. In that regard, Denver is no doubt perceived in the illegal alien community as a friendly venue....

It's now Mayor Hick's watch. Denver can be less friendly and accommodating to illegal aliens. He can change city policy to instruct the police department to actively cooperate with Immigration and Customs Enforcement agents. For that to be effective, the federal government must get serious about enforcing our immigration laws.

Feds to check city jail list - Immigration agency will look for illegals arrested in Denver (Denver)
By Lou Kilzer, Rocky Mountain News, May 20, 2005

Federal agents will start routinely asking the Denver Sheriff Department for a list of foreign nationals in city jails, the local head of the federal immigration agency said Thursday.

The move was sparked by a Rocky Mountain News report that fewer than 40 of some 270-plus foreign nationals recently in Denver jails have federal immigrations holds, said Jeff Copp, agent in charge of the Immigration and Customs Enforcement office in Denver.

It is unknown how many of those foreign nationals might be in the country illegally.

Denver Safety Manager Al LaCabe said the move represents no change in city policy, which states that Denver will not proactively research the immigration status of inmates. The city will instead depend on federal agents to do so.

The city's list of jailed foreign nationals would have been available to federal agents in the past if they had asked for it, LaCabe said.

"They just have not done it for a while," he said....

Denver police procedure says that if a suspect is arrested and is "believed to be an undocumented immigrant" the Sheriff Department will "notify the INS authorities according to their procedures."

LaCabe said Thursday that the word "their" refers to the Sheriff Department and not the INS. He said the sheriff procedure has been not to notify ICE.

A separate sheriff department policy states that a "hold of immigration" tag will be placed on an inmate computer log "only when the United States Department of Justice Immigration and Naturalization Service has issued a detainer or warrant on an immigration matter." ...

Mayor John Hickenlooper said in a radio interview on KOA-AM (850) he was "embarrassed" by a News story that jail administrators do not routinely notify federal officials when illegal immigrants are in custody - in apparent conflict with city policy....

This is the policy used by the Denver Sheriff Department for "immigration prisoners." (Rev. Feb. 24, 1995)

* The charge "Hold for Immigration" will be lodged against a prisoner only when the United States Department of Justice Immigration and Naturalization Service (INS) has issued a detainer or warrant on an immigration matter. A TTY or the detainer should accompany the arrest slip.

* When a person is arrested on a felony investigation charge, and the person may be an illegal immigrant, the INS may issue a detainer marked "VALID ONLY UPON CONVICTION" of the felony charge for which the prisoner is being held. This charge will be added to the prisoner's arrest record with the notation "VALID ONLY UPON CONVICTION" entered in the STATUS COMMENT field during the complete booking. If a prisoner is eligible for release, the INS hold will be dropped, and the prisoner will be released.

(Rev. Aug. 22, 2002)

* When a prisoner with an immigration hold has had all remaining charges satisfied, leaving only the immigration hold, the INS Department will be notified immediately by teletype or by fax. All correspondence must clearly indicate that the prisoner is held at the Pre-Arraignment Detention Facility in Denver on their hold only. We shall request acknowledgment of the teletype or fax, including the INS officer's name and approximate pickup time. If the INS will require more than 48 hours for pickup, we will ask that they send a second detainer requesting us to continue holding the prisoner and accept billing for the housing effective the date of the second detainer. If a scheduled pickup does not occur within the 48 hours, a supervisor shall be notified. The supervisor shall see that a second teletype or fax is sent to request a new detainer, and inform them that we will begin billing their agency for the detainment of the prisoner. If an INS prisoner is to be held for a long period of time, and we have the second detainer, the prisoner will be transferred to the Denver County Jail to await pickup. The 2 Control Center Officer will notify the INS of the transfer.

Jailer pokes hole in city's claim - Accounts differ on whether immigrants are reported to feds (Denver)
By Lou Kilzer, Rocky Mountain News, May 19, 2005

The head of Denver jails says his department does not routinely tell federal immigration authorities which of its inmates are immigrants.

Director of Corrections Fred Oliva said that of the 270-plus Mexican nationals who were in custody Monday, fewer than 40 were flagged for immigration holds - and then only because they were already in a federal computer. The list does not include incarcerated immigrants from other nations.

Prisoners who self-report they were born in other countries are not asked if they are in the United States illegally, he said.

The procedure seems to be at odds with written Denver policy, which says that when a person is arrested and is "believed to be an undocumented immigrant . . . sheriff's department personnel will then notify the INS authorities according to their procedures."

It could also be at odds with what the sheriff's department said this week...

The issue of reporting criminal violators to immigration officials was raised last week by U.S. Rep. Tom Tancredo, R-Colo., who complained that the suspect in the slaying of a Denver police officer had a history of local traffic citations.

Tancredo maintained that the citations should have tipped off authorities that the suspect, Raul Garcia-Gomez, was an illegal immigrant.

Force Mexico to extradite (Denver)
By Bob Baker, The Denver Post, May 18, 2005

There is a country to the south of the United States that has become a fugitive paradise, willingly harboring and giving sanctuary to hundreds of murderers who have fled the United States after their crimes. In the past decade, any killers who make it across the border to Mexico are assured of not facing the criminal justice system in the United States.

If Raul Garcia-Gomez, who is suspected in the shooting death of Denver police Detective Donnie Young and the wounding of Detective Jack Bishop, has made his way to Mexico, he is "home free."

Having decided that no murderer should ever have to spend their life in prison, Mexico arrogantly refuses to return fugitive killers to the United States. It has consistently refused to extradite murderers if they faced the death penalty. A 2001 Mexican Supreme Court decision in essence halted all extraditions of Mexican citizens, or Americans of Mexican descent...

In short, the thoroughly corrupt Mexican judicial system has decided the U.S. cannot prosecute even U.S. citizens if they make it to Mexico...

Tancredo: High noon for Denver sanctuary policy (Denver)
By Tom Tancredo, Rocky Mountain News, May 17, 2005

...Denver is unquestionably a "sanctuary city." Denver has an official policy in the Police Operations Manual that constricts police communication and inquiries about the immigration status of people encountered in the course of routine police work.

When a city stops calling the immigration enforcement agency to pick up illegal aliens, that agency stops staffing to handle those calls...

Illegal aliens can have numerous run-ins with the local police for minor crimes and not worry about ICE being called to look them over. With few exceptions, ICE is only called when a major crime is committed and a criminal investigation is already under way....

This policy is clearly contrary to federal law: 8 United States Code 1373, enacted in 1996, says that local governments may not "prohibit, or in any way restrict" information sharing between local cops and immigration officers. When will Denver come into compliance?

Mayor John Hickenlooper can lead a movement to rescind Executive Orders 116 and 119 and rewrite the Police Department's operations manual, or he can pass the buck

Denver Sanctuary Policy Protects Illegal Cop-Killer - Who Also (Get This!) Worked For Mayor (Denver)
By Terry Graham, published on VDARE.com, May 16, 2005

At 1 a.m. on May 8, Mother's Day, Denver Police Detective Donald Young was assassinated with a point blank shot to the back of his head. A bullet proof vest saved the life of his partner, who was shot in the back.

Raul Garcia-Gomez, the suspect, a 19-year old illegal alien from Mexico, then went home to his three-week-old anchor baby and reportedly confessed his crime to his girlfriend. Next day, his girlfriend told the Rocky Mountain News, he rose early, packed his things, and went to his job as a dishwasher for a restaurant owned by - Denver Mayor John Hickenlooper. Then he fled....

Colorado law requires new residents to secure Colorado Driver's Licenses within 90 days of arriving, or upon getting a job - whichever happens first. But seven months of repeated police encounters didn't result in the DPD or the courts contacting ICE about Garcia-Gomez.

How could this be? Denver is stunned.

Except for me - and the readers of VDARE.COM. My VDARE.COM column Victimizing Peter to Pay (For) Paco: The SCAAP Scam had already cited and linked to Denver Police Department's written policy of de facto sanctuary for illegal aliens. It maintains that immigration is a federal matter, and that

"Generally, officers will not detain, arrest, or take enforcement action against a person solely because he/she is suspected of being an undocumented immigrant. If enforcement action is deemed necessary under these circumstances, the approval of an on duty supervisor or commander is required..." ( DENVER (Colorado) POLICE DEPARTMENT OPERATIONS MANUAL, 100 - 90).

This "don't ask, don't tell" policy, as some police officers call it, has created a two-tiered legal system, with lower standards for illegal aliens like Gomez. Americans driving without a license get arrested, illegals go free.... Just one week earlier, Hick's radio spots thanking Denver's Latino "gente" for their many contributions and promoting Cinco de Mayo as a new American holiday ran on many radio stations....

Our impotent, fearful, no-can-do, but still-feeding-at-the-public-trough public servants have effectively capitulated to a foreign power, breaching their oaths of office, and turning our justice system over to the Republic of Mexico, and other Third World powers.

Some dare call it "treason."

This American believes highly trained American Special Forces should head for Mexico to locate and return scores of Mexican murderers who should face American-style justice on American soil, where they committed their heinous crimes.

I cannot help but think the time has come for a straight-thinking Mayor or Governor to establish a zero-tolerance Sanctuary City or State for Americans.

SANCTUARY FOR AMERICANS IN AMERICA....what a concept!

Read the complete article.

Immigration and the Alien Gang Epidemic: Problems and Solutions
Testimony of Heather Mac Donald, Senior Fellow, Manhattan Institute for Policy Research, before the House Judiciary Subcommittee on Immigration, Border Security, and Claims, April 13, 2005

...Sanctuary laws are a serious impediment to stemming gang violence and other crime. Moreover, they are a perfect symbol of this country's topsy-turvy stance towards illegal immigration.

Sanctuary laws, present in such cities as Los Angeles, New York, Chicago, Austin, Houston, and San Francisco, generally forbid local police officers from inquiring into a suspect's immigration status or reporting it to federal authorities. Such laws place a higher priority on protecting illegal aliens from deportation than on protecting legal immigrants and citizens from assault, rape, arson, and other crimes....

Sanctuary laws violate everything we have learned about policing in the 1990s. Police departments across the country discovered that utilizing every law enforcement tool in their tool chest against criminals yielded enormous gains....

U.S. Sanctuary Laws Under Attack (Denver)
By Marcelo Ballve, Pacific News Service, September 10, 2003

Groups pushing to curb immigration have mounted a highly organized national campaign against local "sanctuary" laws that typically direct police officers to refrain from checking on subjects' immigration status.

Aside from a flurry of letter writing campaigns, immigration watchdog groups are also helping take sanctuary cities to court. They argue that the sanctuary laws encourage illegal immigration, undermine the rule of law and allow undocumented immigrants to commit crimes again and again.

In May, the groups helped end the sanctuary policy in New York City, the nation's traditional gateway for immigrants....

"Any nation has to have a single immigration policy," says Rep. Tom Tancredo (R-Colo.). "You simply cannot have cities and counties and police departments running their own." Tancredo failed in July in an attempt to cut off Justice Department funding for sanctuary cities.

Mayor Webb at Rosalindas [Announcing Executive Order 116 - Denver's Sanctuary Policy] (Denver)
By Bruce Finley, Denver Post, March 8, 1998

Denver Mayor Wellington Webb walked resolutely into a Mexican restaurant Saturday, questioned the humanity of federal immigration rules and ordered his own policy - estimated to cost Denver taxpayers up to $1 million a year.

Webb's Executive Order No. 116 does the following...

* Declares Denver's strong opposition to federal distinctions between legal immigrants and commits city officials "to the delivery of services to all of its residents." * Vows that the city will back legal rights of all residents in Denver, adding that Webb will urge businesses, schools, hospitals and universities to do the same.

"The mayor feels federal welfare reform legislation unfairly targets newly arrived legal immigrants," said Shepard Nevel, Webb's director of policy....

Sanctuary Cities references and research

Here are some references articles on Sanctuary Cities:

 

Articles:

Sanctuary Cities and States -- Undermining the American Republic, by James Walsh, The Social Contract, Spring 2005.

The Consequences of Sanctuary Policies and What You Can Do about It, by Dave Gibson, Winter 2013.

Sanctuary Cities Endanger - National Security and Public Safety, by Michael W. Cutler, Senior Special Agent, INS (Ret.), The Social Contract, Winter 2016.

America's 'Sanctuary Cities' and Their Tragic Consequences, by Davd Gibson, The Social Contract, Spring 2016.

The Social Contract Journal, Spring 2016, “Sanctuary nation”.

Sanctuary Cities Vs. National Security and Public Safety - Why sanctuary citys mayors should be given an MVP Award by ISIS and drug cartels, by Michael W. Cutler, Senior Special Agent, INS (Ret.), Frontpagemag, November 22, 2016