One Reporter's Opinion: Special Order 40: A Revolving Door
George Putnam
Friday, Jan. 23, 2004
It is this reporter's opinion that we instituted a
revolving-door policy for illegal alien criminals 25 years
ago when the Los Angeles City Council passed Special Order
40, a city ordinance prohibiting law enforcement from
cooperating with the INS and enforcing federal immigration
law.
In other words, the City Council told Los Angeles
police to lay off illegal aliens who had committed crimes.
Los Angeles County Sheriff Lee Baca says that when he
receives inmates who are illegal, who have committed crimes
and have served time in the county jail or even the state
prison, he turns them over to the immigration services and
they are deported.
Appallingly, 70 percent of these illegal criminals are re-
arrested in Los Angeles County within five years. These
are convicted criminals who have been deported and then
come back to commit more crimes. It's a revolving door.
We are now to conclude peace officers are not permitted to
make an arrest for a misdemeanor offense unless the
misdemeanor crime is committed in the officer's presence.
One officer says: "I see a deportee from a recognized gang
crossing the street. I know I can't touch him. Only if
the deported felon has given me some other reason to stop
him, such as an observed narcotics sale, only then can I
accost him -- but not for the immigration felony. He's
broken the law. He's here illegally. He's in violation of
our sovereignty. He's committed a felony. But I can't
touch him."
In Los Angeles, 95 percent of all outstanding warrants for
homicides (which total 1,200-1,500) target illegal aliens.
Up to two-thirds of the fugitive felony warrants (17,000)
are for illegal aliens.
A California Department of Justice
study reports that 60 percent of the 20,000-strong 18th
Street gang in Southern California are illegal. The bloody
gang collaboration with the Mexican Mafia (the dominant
force in California prisons), which deals in complex drug
distribution schemes, extortion and assassinations, grows
by the day, recruiting recently arrived youngsters –
illegals from Central America and Mexico.
And amidst all the topsy-turvy immigration turmoil,
millions of illegals are working, shopping, traveling and
committing crimes in plain view, utterly secure in their de
facto immunity from the immigration law because police and
sheriffs are as much as told to "lay off; they are the
untouchables."
In 1992, then-California Attorney General Dan Lundgren issued a legal
opinion that held Special Order 40 to be unconstitutional
under the supremacy clause of the U.S. Constitution.
Recent federal court decisions have ruled that nothing in
federal law prohibits local police officers from making
arrests for violations of federal laws, including federal
immigration laws.
It only makes sense that no state or city could prohibit
its employees from sending information about the status of
an illegal immigrant to the federal government.
As this is being written, a new CBS poll finds plummeting
support for the president. His job approval rating has
dropped from 60 percent to 50 percent. His disapproval
rating following the announcement of his amnesty/guest
worker plan is now at the highest ever – 45 percent. And
the nation is basically evenly split on the exploration of
Mars.
Add this to the public's negative opinions on jobs,
taxes and immigration and one can only conclude that our
Karl Rove-driven president is in trouble.
The mayor, City Council and chief of police of Los Angeles
have the perfect tools to appreciably reduce gang crime in
this city but refuse to use them. The citizenry now calls
upon these officials to revoke Special Order 40, which
forbids LAPD officers from even asking the legal status of
those violating laws.
The INS must deport those who are here illegally and must
implement Section 133 of our 1996 immigration law, which
authorizes local law enforcement personnel to refer those
illegally in this country to the INS for processing in
accordance with federal law.
It is clear that Special Order 40 is unlawful and
unconstitutional and should be repealed. There is no
logical reason for the city of Los Angeles to prevent its
law enforcement agencies and personnel from actively
cooperating with the INS and all other federal law
enforcement agencies.
Those who have violated federal law by remaining in the
United States ILLEGALLY should be identified, arrested,
prosecuted and, if found guilty, deported as quickly as due
process allows. Such action should begin with the mayor
and City Council. It can only lead to a better quality of
life for all.
Special Order 40 and similar shams have got
to go!
Related Links:
http://www.americanpatrol.org/FEATURES/020926-SPECIAL-ORDER-40/Feature020926.html
http://www.mayorno.com/specialorder40.html
http://www.stoptheinvasion.com/pdfs/specialorder40.pdf
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