I recently read in a newsletter from Judicial Watch that the Fremont Police Department was warned by Judicial Watch for implementing a policy that is in conflict of federal laws regarding the notification of ICE (Immigration and Customs Enforcement). If an officer from the Fremont Police Department arrests an illegal alien their are certain criteria that must be met for them to notify ICE.

Here is the article from Judicial Watch which contains a letter written to Chief Steckler regarding his department's illegal policy. Will the City of Fremont become a full blown illegal alien sanctuary? Let's call Chief Steckler and ask him what he is going to do about this policy!!!!!

Judicial Watch Warns Fremont, California Regarding Illegal Immigration Sanctuary Policy

Judicial Watch's nationwide campaign to enforce immigration laws continues, this time involving an illegal alien sanctuary policy implemented by the Fremont, California, Police Department. On August 17, Judicial Watch sent a letter to the Fremont PD to register our objection to this dangerous and illegal policy.

At issue here is the Fremont PD's "Notification of Immigration and Customs Enforcement." This directive, implemented in September 2008, describes the restricted circumstances under which a police officer may inform federal immigration officials of an arrestee's legal status.

Here's the problem: Federal law requires that government entities cannot place any restrictions on the ability of police officers to communicate with ICE about anyone's immigration status.

Specifically, here is what two federal statutes say about this issue:

"Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official my not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service (now Immigration and Customs Enforcement) information regarding the citizenship or immigration status, lawful or unlawful, of any individual. (Title 8 United States Code Section 1373)

"Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service (now Immigration and Customs Enforcement) information regarding the immigration status, lawful or unlawful, of an alien in the United States." (Title 8 United States Code Section 1644)

 

Is there anything about these statutes which strikes you as ambiguous or open to interpretation? The Fremont PD directive also seems to be in conflict with California State law as well.

Despite clear federal and state laws mandating free communication between local law enforcement entities and federal immigration officials, time again, local officials continue to implement so-called sanctuary policies that impede communication. This illegal practice is far too common and it must stop.