The U.S. government is demanding almost $7,000 from the family of jailed Border Patrol agent Jesus “Chito” Diaz, who was prosecuted in what critics called an outrageous miscarriage of justice aimed at placating Mexican officials. But advocates for the family are still fighting back.
Diaz was accused of improperly lifting the handcuffs of an illegal alien caught smuggling drugs across the border, and then lying about it to investigators. The Mexican government filed an official complaint almost immediately.
After being cleared by two investigations, the Obama administration decided to prosecute Diaz anyway. Following a mistrial, he was convicted and sentenced to two years in federal prison and a fine. Of course, he also lost his job, leaving his wife and six children in a tough situation.
Now, making matters worse, the U.S. government is demanding immediate payment of at least $6,870 it claims Diaz owes. In a letter received recently from the Department of Justice obtained by The New American, the Diaz family was urged to pay up now or face the consequences — plus interest and fees.
In what is becoming a crucial battle in the war being waged by an ever-expanding federal authority against the sovereignty of the states, Alabama has been instructed to heed the voice of the power on the Potomac. On Friday, the U.S. Department of Justice sent a letter to the Attorney General of Alabama, Luther Strange, instructing him that despite the position taken in his earlier correspondence to the department, the DOJ has authority to conduct investigations into possible violations of the civil rights of immigrants.
Assistant Attorney General Thomas Perez, the author of the DOJ missive, was responding to a letter from Strange penned earlier in the week. In that letter, Strange demanded that the federal department inform him as to the authority granted to it to require schools in Alabama to report demographic enrollment data to the DOJ.
An illegal alien has admitted stabbing a woman to death in a Walmart parking lot in Albion, N.Y., police say, the second murder by an illegal this year in the small community about 30 miles northwest of the city of Rochester, near Lake Ontario. Authorities have charged Luis A. Rodriguez-Flamenco, 24, with the stabbing murder of Kathleen I. Byham, 45. She was leaving the store on October 30, the Batavia News reported, when Flamenco attacked her as two illegal aliens from Mexico watched. The other two have not been charged, but police turned them over to federal immigration authorities.
Even as Congress considers legislation that would vastly expand the powers of the U.S. Border Patrol to enter land controlled by other federal agencies, the Obama administration has ordered that same agency to scale back its search for illegal aliens. One of the effective programs conducted by the Border Patrol has been to routinely conduct searches for illegal aliens on buses, trains, and airports along the northern border. Now, however, the current administration is quietly bringing such searches to an end. Associated Press reporter Gene Johnson explains:
The U.S. Border Patrol has quietly stopped its controversial practice of routinely searching buses, trains and airports for illegal immigrants at transportation hubs along the northern border and in the nation's interior, preventing agents from using what had long been an effective tool for tracking down people here illegally, The Associated Press has learned.
Current and former Border Patrol agents said field offices around the country began receiving the order last month - soon after the Obama administration announced that to ease an overburdened immigration system, it would allow many illegal immigrants to remain in the country while it focuses on deporting those who have committed crimes.
While the Obama administration’s standard policy has been a constant expansion of intrusive government, it has decided that the solution to the crisis of illegal immigration is not more rigorous enforcement of the law, but to curtail enforcement. It is hard to attribute any need for such curtailment to a lack of available manpower; after all, some agents serving in offices near the northern border have complained of a lack of sufficient work to keep them occupied.
The drunk-driving illegal alien who killed a nun in August 2010 may go to prison for 70 years. On Monday, a judge convicted him of felony murder. Carlos Martinelly-Montano, a 24-year-old Bolivian illegal and habitual drunk driver, was convicted in Prince William County, Virginia's circuit court of killing Sister Denise Mosier, a Benedictine nun. Martinelly-Montano plowed into Mosier and two fellow sisters in Bristow, Virginia, on Aug. 1, 2010.
After Martinelly-Montano killed Sr. Mosier, a national outrage ensued when the public learned the details of his criminal career behind the wheel.
He had been twice convicted of drunk driving and was awaiting a deportation hearing when he killed Mosier and sent the two other sisters, Charlotte Lange and Connie Ruth Lupton, to the hospital. Although immigration authorities had him in custody, the Washington Post reported at the time, they released him when they determined he wasn’t a flight risk.
Prince William County, as The New American reported last week, sued the Department of Homeland Security to determine how Martinelly-Montano escaped deportation. It learned that DHS twice delayed his deportation hearing, which is why he was still in the country and in the position to kill Sr. Mosier.
The United States Department of Justice filed suit Monday in the United States District Court for the District of South Carolina seeking to enjoin and have declared invalid the state’s recently adopted immigration law. The measure (S.B. 20) was signed into law in June by Governor Nikki Haley, the daughter of Indian immigrants, and was set to go into effect on January 1, 2012.
According to the complaint filed by the Justice Department, if enforced, the South Carolina law would unlawfully conflict with federal immigration statutes and would contribute to a patchwork of state and local laws many of which would contradict currently operative federal immigration policies and principles.
Specifically, the filing claims:
In our constitutional system, the federal government has preeminent authority to regulate immigration matters and to conduct foreign relations. This authority derives from the Constitution and numerous acts of Congress.
Governor Haley’s office doesn’t expressly disagree with the DOJ’s version of the grant of constitutional authority over immigration, rather it is the federal government’s lack of effective exercise of that power that prompted passage of the strict immigration law.
Despite numerous problems in the prosecution’s case, Border Patrol agent Jesus "Chito" Diaz was sentenced to two years in federal prison for convictions stemming from his supposedly rough treatment of an illegal immigrant caught smuggling drugs.
Critics and family members berated the decision — especially because of the legal precedent it establishes. It could have been much worse, however. And the battle is not over yet.
“Well I can't say the sentence was good because this entire case is an injustice,” agent Diaz’ wife, Diana, who still works for the Border Patrol, told The New American. “It could have been worse, so I am glad that it is almost time for him to come home. Although the fight to clear his name has just begun, doing it together is much easier.”
Diaz was prosecuted by the Obama administration on charges of “civil rights” violations and allegedly lying to investigators. The Mexican government also filed an official complaint, claiming that the agent had pulled on the handcuffs of a young drug smuggler apprehended near the border.
Former Massachusetts Governor and GOP presidential hopeful Mitt Romney is now under fire for a provision in his 2006 healthcare law commonly known as RomneyCare that allows illegal immigrants to access medical care along with other uninsured residents. Because of the law’s Health Safety Net program, poor, uninsured immigrants may receive taxpayer-subsidized care at a hospital or health clinic in Massachusetts at basically no cost, regardless of their immigration status.
The Massachusetts healthcare program yielded costs of more than $400 million last year and covered more than one million hospital and health clinic visits, but details on the number of illegal patients receiving medical care are not available, as the state does not record that specific data.
The Health Safety Net is funded through a blend of state money and hospital and insurer fees, and is redistributed to providers, which file claims for patients under the program. In building on a previous plan, Massachusetts established the Health Safety Net as an anchor for all state residents "who do not have access to affordable health coverage." People of any income level with "large medical bills that they cannot pay are also eligible" and "citizenship or immigration status does not affect your eligibility," notes MassResources.org, an online information center for Massachusetts residents.
The Department of Homeland Security is authorizing illegal aliens to work in the United States, a Senate commitee learned October 19. According to CNSNews.com, Sen. Charles Grassley (R-Iowa), the ranking member of the Senate Judiciary Committee, got confirmation of this news in response to a question he asked Homeland Security Chief Janet Napolitano (photo at left).
In defending the policy, Napolitano also blurted out that it costs possibly three times as much as previously reported here and elsewhere to deport an illegal alien, and her answers to Grassley make clear that the Obama administration has unilaterally declared a major amnesty.
Questions and Answers
Grassley asked Napolitano point blank whether her agency is abetting illegals in their effort to build lives here, CNS reported.
The ranking member of the Judiciary Committee, Grassley 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,
Though the drunk-driving illegal alien who allegedly mowed down a recent college graduate in Framingham, Mass., was indicted for murder on Friday, Immigration and Customs Enforcement permitted the illegal alien who witnessed the crime to escape custody.
Milford police and prosecutors are furious at ICE, the Milford Daily News reported, for permitting Luis Acosta to escape and perhaps flee to Ecuador, and the district’s Congressman has called for an investigation.
The Daily News revealed the ICE foul-up last week, which culminated with the indictment of Nicolas Guaman on three felonies in connection with the death of Matthew Denice. Guaman faces charges of second-degree murder, manslaughter while driving a motor vehicle, and motor vehicle homicide, the paper reported.