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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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The legendary George Putnam is 89 years young and a veteran of 69 years as a reporter, broadcaster and commentator ... and is still going strong. Click here for George's complete bio

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