U.S. Border Agent Jailed for Improper Arrest of Suspected Drug Smuggler -- A U.S. Border Patrol agent has been sentenced to two years in prison for improperly lifting the arms of a 15-year-old drug smuggling suspect while handcuffed — in what the Justice Department called a deprivation of the teenager’s constitutional right to be free from the use of unreasonable force. Agent Jesus E. Diaz Jr. was named in a November 2009 federal grand jury indictment with deprivation of rights under color of law during an October 2008 arrest near the Rio Grande in Eagle Pass, Texas, in response to a report that illegal immigrants had crossed the river with bundles of drugs. In a prosecution sought by the Mexican government and obtained after the suspected smuggler was given immunity to testify against the agent, Diaz was sentenced last week by U.S. District Judge Alia Moses Ludlum in San Antonio. The Mexican consulate in Eagle Pass had filed a formal written complaint just hours after the arrest, alleging that the teenager had been beaten. Defense attorneys argued that there were no injuries or bruises on the suspected smuggler’s lower arms where the handcuffs had been placed nor any bruising resulting from an alleged knee on his back. Photos showed the only marks on his body came from the straps of the pack he carried containing the suspected drugs, they said.
The Left's War on Legal Immigration and Voter Integrity -- On Oct. 14, a federal judge blocked key portions of Alabama’s new immigration law after several groups, including the Obama Justice Department and the American Civil Liberties Union (ACLU), asked for an injunction. The Justice Department claims that states that assist in enforcing federal immigration laws are violating the constitutional separation of powers. Really? If that’s so, I wonder if state police in Alabama are barred from arresting someone trying to pass counterfeit $100 bills because our currency is federal. Article I, Section 8 of the Constitution gives Congress the power “to provide for the Punishment of counterfeiting the Securities and current Coin of the United States.” It doesn’t say anything about state troopers. Likewise, Article I, Section 8 of the Constitution authorizes Congress “to establish an uniform Rule of Naturalization.” State police arresting illegal aliens have nothing to do with deciding who can be naturalized.
Army Reserve could soon take on homeland security missions --- SO MUCH FOR POSSE COMITATUS --- The House and the Senate are currently debating legislation that would allow the Army Reserve to be deployed for homeland security missions. The House and the Senate are currently debating legislation that would allow the Army Reserve to be deployed for homeland security missions. According to Lieutenant General Jack C. Stultz, the chief of the Army Reserve, the proposed law would authorize the government activate as many as 60,000 Reservists per year from all services for various missions both domestically and abroad. “For homeland use, current law says you can only use your Title 10 Reserve in the homeland in instances of weapons of mass destruction,” Stultz said. Stultz was careful to note that the Army Reserve was not trying to replace the National Guard and that both the National Governors Association and the National Guard Association supported the change. “There should be a logical progression, just like there is now, where local civil authorities respond, then the governor calls up the National Guard — and in 90 percent of the cases that’s all that’s needed — but in that other 10 percent where the state needs federal help, we’d be available with a lot of needed expertise,” Stultz said. The Army Reserve is also seeking to change the Title 10 to allow it to support operations that are usually ninety to 120 day long deployments, giving each Reserve commander the ability to send one unit for the entire duration of the operation rather than having to send two or three units to man the full length of the deployment. In addition, Stultz said he was looking to create an operational reserve of about 25,000 soldiers to ensure four years of dwell time for every year deployed. Currently, units have about forty-two months of dwell time for roughly twelve months spent downrange.
Mexican Drug Cartels Make Texas Border A "War Zone" -- While the Obama Administration downplays violence along the U.S.-Mexico border, authorities in Texas reveal that Mexican drug cartels have transformed parts of the state into a war zone where shootings, beheadings, kidnappings and murders are common. In fact, drug-cartel violence is so severe that Texas counties along the Mexican border are under attack around the clock, according to an alarming report published by the state’s Department of Agriculture. The agency was ordered by the state legislature to conduct an assessment of the impact of illegal activity along the Texas-Mexico border on rural landowners and the agriculture industry. Texas Agriculture Commissioner Todd Staples hired two reputable military veterans to conduct the probe. One of them is a retired four-star Army General (Barry McCaffrey) who served as Bill Clinton’s Director of the Office of National Drug Control Policy. The other, retired Army Major-General Robert Scales, is the former commander of the U.S. Army War College. The results of their in-depth investigation have ignited outrage among border state officials who are sick of Homeland Security Secretary Janet Napolitano’s reassurances that the border is “as secure as it has ever been.” Just a few months ago, during a heavily promoted visit to El Paso, Napolitano said violence along the Mexican border is merely a mistaken “perception” because the area is better now than it ever has been. The reality is that in the past two years Texas has become increasingly threatened by the spread of Mexican cartel organized crime as the enterprises move their operations into the U.S., according to the new assessment. They recruit street gangs and exploit porous borders by using all the traditional elements of military force, including logistics, intelligence and deadly firepower. This has created a sort of “narco-terrorism” which takes on the classic trappings of a real war, the report concludes. “Crime, gangs and terrorism have converged in such a way that they form a collective threat to the national security of the United States.” However, the report points out that “federal authorities are reluctant to admit the increasing cross-border campaign by narco-terrorists.” In the meantime, Texas has become an “operational ground zero” in the cartels’ effort to expand into the U.S. This has put residents of border communities in the crossfire of escalating violence resulting from conflicts between cartels, paramilitary enforcement groups and transitional gangs struggling for control of drug and illegal alien smuggling routes into the U.S. from El Paso to Brownsville. Incredibly, Napolitano proclaimed that “some of America’s safest communities are in the Southwest border region…” during her spring visit to El Paso. She actually said that “misinformation about safety” was negatively impacting border communities by driving visitors away and hurting local businesses.
Napolitano: DHS Authorizing Illegal Aliens to Work in U.S. --- Homeland Security Secretary Janet Napolitano told the Senate Judiciary Committee on Wednesday that under the administration’s policy of exercising “prosecutorial discretion” in the enforcement of the immigration laws, her department is currently authorizing some illegal aliens to work in the United States. Sen. Charles Grassley (R-Iowa), the ranking member of the Judiciary Committee, asked Napolitano: “According to the information from your department, some individuals who are given relief will obtain work authorizations. So people with no right to be in the country will be allowed to work here. Is that correct?” Napolitano said: “Well, senator, since around 1986 there has been a process where those who are technically unlawfully in the country may apply for work authorization. This goes to CIS [Citizenship and Immigration Services]. It's not an ICE [Immigration and Customs Enforcement] or CBP [Customs and Border Protection] function. And those cases are reviewed by CIS in a case-by-case basis. So there’s no change in that process. Like I said, that goes back to the mid-80s that is contemplated now.”
Illegal immigrant's ouster at Galveston hospital raises questions - Doctor's orders: Go to Mexico - Patient says she was told to leave Isle hospital because she is an illegal immigrant --- The crushing news came last month as Maria Sanchez was being prepared for surgery to remove a banana-size tumor along her spine that had crept between her vertebrae. Unable to use her right hand because of the growing tumor, Sanchez, 24, had been at the University of Texas Medical Branch's John Sealy Hospital for six days when, she said, a Spanish-speaking doctor told her she had to leave the hospital immediately because she was an illegal immigrant. The doctor said she should have surgery in Mexico, according to Sanchez. Sanchez's hospital records state that she was discharged because she was "an undocumented pt (patient) with no insurance." Records show that Sanchez underwent at least one medical procedure and surgery was scheduled before she was dismissed without warning Jan. 12. After being discharged, Sanchez called her husband, Luis Aguillon, a legal U.S. resident, who arrived at the hospital to find his wife and his mother sitting on her bed crying. "They treated us like animals, like dogs or something," said Aguillon, 36, an unemployed welder. Sanchez's abrupt expulsion raises ethical and legal questions about the treatment of low-income patients with life-threatening conditions. A doctor who reviewed Sanchez's medical records for the Houston Chronicle said they showed that UTMB ejected a woman with a potentially fatal condition because she was unable to pay.
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