The 287(g) or ICE program has been in the news for the past few weeks about an audit of this program and of the cost in maintaining it. Sheriff Jenkins and his department are one of the few law enforcement agencies in the whole country to enforce federal immigration laws.

As I see it, all the other police departments are aiding and abetting the breaking of a federal law.

A letter published Aug. 22 written by Deborah Carter (Frederick County Democratic chair) disputes figures from a letter written by Craig Giangrande (Frederick County Republican Central Committee chair) about the number of violent gang members and other criminals removed from Frederick and deported via the ICE program.

Giangrande says 100 violent gang members were removed and deported. Carter says 72 gang members and 31 suspected gang members removed and deported.

What difference do the numbers make? They are gone, and we are a safer community. If only one person in this community was saved from being assaulted or murdered by arresting and deporting the illegal gang members, then it is well worth any cost.

So let me say to Jan Gardner and the County Council in deciding if the cost of the 287(g) program is too much, what price do you put on a human life?

The lawsuit against the sheriff’s department by Santos and Medrano for a million dollars is ludicrous.

I thought if law officers thought someone may have committed a crime and then that person runs, they had a right to question them.

When did we start rewarding someone who had broken a law with money? It seems like the county government is leaning toward making Frederick County a sanctuary county like our neighbor Montgomery County.

Sheriff Jenkins is doing a good job of controlling the crime in Frederick County, so let him do his job.

George R. Sterling

Frederick

(36) comments

timothygaydos

Yes, please conduct and report the audit to the tax payers of the county. If there is misconduct etc... with the execution and implementation of this by the Sheriff and the Sheriff's Department, then appropriate action should be taken. What many of us find to be alarming is that so many tax payers of Frederick County do not see the breaking of the law and it is breaking of the law to be in the USA illegally to be a concern. Yet, these same individuals would most likely not given free access to their homes and let anyone just walk in and make themselves at home as illegal immigrants do in our country everyday.

KellyAlzan

99% of Latinos have NO interest in “free access to” anyone’s “homes”. It’s silly to use that line, weak attempt.



And being in the country illegally is no more of a crime than American citizens falsifying tax returns and falsifying book keeping. Being in the country illegally is no more illegal than the time you got paid cash under the table for whirling while you collected unemployment benefits. And something else - most illegal immigrants pay more in income taxes than Donald Trump, and that’s no exaggeration.

timothygaydos

So you rather have additional crime and criminals to deal with because the crime is similar to legal citizens falsifying tax returns... rather than save $$$$ and keep these illegals from being here in the first place so there would be more $$$$ available for our own citizens... interesting! I doubt they paid more income taxes than Trump did and if there are problems with Trump's taxes well the IRS will sort them out including the states of NY, NJ, and FL. We all know the IRS gets their $$$$ eventually from tax evaders and the states follow right on the heels of the IRS. Your other statement 99% of Latinos... did you do a survey that is almost as good as someone stating that Hillary was going to win the election in 2016 by a landslide... I appreciate your insight on this, it does give me more information to consider.

gabrielshorn2013

Ummm, Kelly, Bad example. Falsifying tax returns is a felony, so it is a big deal.



Penalties for Income Tax Fraud



A taxpayer that willfully attempts to evade paying income taxes is subject to criminal and civil penalties. The type of fraud will determine the applicable penalty. The following are some examples of possible punishments for specific types of tax fraud:



Attempt to evade or defeat paying taxes: Upon conviction, the taxpayer is guilty of a felony and is subject to other penalties allowed by law, in addition to (1) imprisonment for no more than 5 years, (2) a fine of not more than $250,000 for individuals or $500,000 for corporations, or (3) both penalties, plus the cost of prosecution (26 USC 7201).

Fraud and false statements: Upon conviction, the taxpayer is guilty of a felony and is subject to (1) imprisonment for no more than 3 years, (2) a fine of not more than $250,000 for individuals or $500,000 for corporations, or (3) both penalties, plus the cost of prosecution (26 USC 7206(1)).

Willful failure to file a return, supply information, or pay tax at the time or times required by law. This includes the failure to pay estimated tax or a final tax, and the failure to make a return, keep records, or supply information. Upon conviction, the taxpayer is guilty of a misdemeanor and is subject to other penalties allowed by law, in addition to (1) imprisonment for no more than 1 year, (2) a fine of not more than $100,000 for individuals or $200,000 for corporations, or (3) both penalties, plus the cost of prosecution (26 USC 7203).



https://tax.findlaw.com/tax-problems-audits/income-tax-fraud-vs-negligence.html

KellyAlzan

Really??

marinick1

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KellyAlzan

Gabe. You totally missed my point. Should should be familiar with my style by now

awteam2000

I’m not sure you know why audits are performed. No one is accusing the FCPO of wrongdoing. Do you think they have? Where is all this paranoia coming from?

The main reasons for the audit are to provide reasonable assurance that the financial statements are free from material misstatements and errors and to ensure that all events that can adversely affect the entity have been disclosed. Very common practice. It’s not about braking of the law, but sometimes unlawful acts are uncovered. Comparing an audit to walking into someone’s home is absurd.

gabrielshorn2013

Absolutely agree aw. An audit is simply an audit, and is SOP in most areas, especially in government work. This is no big deal.

phydeaux994

I don’t get it. The only cost to the 287(g) Program would be the extra Corrections Officers and their training by ICE and maybe some overhead associated with the Program. Those numbers should be on the books and easy to confirm in an audit. But for IGSA, ICE pays the FCSO $83 a day for each illegal detainee, which changes as detainees come and go. The Sheriff claims that that money pays for both Programs and produces a considerable profit. I think he has said millions since 2008 when it started. I would think that the IGSA would be the Program to be audited to see if the Sheriffs claims are valid. If they are, Hallelujah. But why then, would Sheriff Jenkins not be reporting that great news to the citizens? I don’t have a problem with either Program if it is profitable. All the 287(g) Program supposedly does, is determine whether a person is also an illegal alien, and everyone arrested goes through the same interrogation regardless of what they look like, without exception.

awteam2000

Trying to claim an audit is to prevent a public agency from caring out their functions is simply counter public. OxymoronIc.

phydeaux994

READ MY LIPS!! The 287(g)Program in Frederick County IS NOT A LAW ENFORCEMENT PROGRAM!! The FCSO Law Enforcement Bureau has not arrested ONE person for an Immigration Violation since 2012. Not ONE gang member has been taken off of the streets of Frederick County for being a MS13 Gang member. The majority of the people arrested and taken to the Detention Center and determined to be Immigration Law violators by Corrections Officers who have been trained by ICE to interrogate them about their Immigration status and should be detained for ICE for possible deportation, have been arrested by the Frederick PD and the Maryland State Police, not the FCSO Deputies, for violations not related to being an illegal alien. After the detainees are picked up by ICE for prosecution under Federal Immigration Laws, Sheriff Jenkins does not know whether they are deported, bonded out, or released back into the population to wait a couple years for their Deportation Hearing before a Federal Judge, or if he does he’s not officially reporting that to the citizens of FC. Sheriff Jenkins also claims that validated gang members are being deported. Validation of a gang member is a legal process that must be done by Law Enforcement Officers using established guidelines. Do the Corrections Officers of the FCSO Detention Center do that for every person determined to be an illegal alien? If I am all wrong about this, please have Sheriff Jenkins tell us exactly how the 287(g) Program makes Frederick County safer!

KellyAlzan

Thank you Phy for the great post. I must say that I’ve been wondering how the detention center can validate who is a ms-13 member and who isn’t. They can’t. The only way is if an inmate volunteers such information

DickD

https://wtop.com/anne-arundel-county/2018/12/maryland-county-ends-ice-agreement-after-executives-speech/The Capital reports that Anne Arundel County Detention Facilities Superintendent Terry Kokolis ended the county’s participation in the federal 287(g) program Dec. 4, less than 24 hours after County Executive Steuart Pittman pledged to “kiss” 287(g) “goodbye.”The county began processing inmates under the program in which local law enforcement agencies check the immigration status of people they’ve arrested in December 2017.Capt. Keith Quaine says Kokolis ended the program at Pittman’s “direction,” but Pittman’s office says Kokolis “took the initiative” after hearing the speech.

DickD

George, you missed it. The audit is required. In the past the audit was done internally, now there are law suits against the County, we need and outside auditor. And the current contract does not meet the County Charter requirements. Jenkins negotiated this agreement and the Charter clearly states all County contracts will be negotiated by the CE. Jenkins negotiated the contract in 2008, long before the Charter. There are some serious questions of whether the County is being reimbursed by the federal government for the service performed under the contract. This needs to be checked on. And the contract needs to be renegotiated, which Jan as CE can. No contract lasts forever.

FrederickFan

Why are the Sheriff and his supporters opposed to an audit and fiscal accountability? Why is an audit being spun into all kinds of things when it is just an audit?!!

richardlyons

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KellyAlzan

It’s a power thing. Law enforcement has power over the people. And law enforcement admin not only has power over the people, but power over law enforcement officers. Trumpkins is feeling weak. Feeling very weak. He is used to calling the shots. And with this - he can’t. It’s eating away at him so bad. So sad.

Dwasserba

You all are worried about that audit. It's an audit.

richardlyons

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KellyAlzan

George, buddy, before writing a letter to the paper, you should study constitutional law. You really should. That, and the audit has nothing to do with most of what you wrote :) This is one of those letters that the staff at the FNP giggles and grins from ear to ear as they approval publishing it!

Psizzle

👍 287 g

awteam2000

“I thought if law officers thought someone may have committed a crime and then that person runs, they had a right to question them.” What was the probable cause (reasonable grounds), ‘brown person and walking around or driving around’ isn’t probable cause.

Plus, what does that have to do with the audit? The audit’s focus is on how much of the county’s money is being used for the program not the intergovernmental service agreement (IGSA) between the sheriff’s office and ICE.

And, what’s up with all these letters to the editor about an outside audit? Aren’t objective independent examinations of government offices done periodically? If not, there should be.

BunnyLou

Great LTE. I guess they won’t care until something happens to them. Then of course they’ll look for someone to blame. Ridiculous.

Jleftwich

George: you need to better understand the meaning of the 4th Amendment as it pertains to the Santos case, and why that individual brought a lawsuit.



Here, I will help you with the research. Make sure to check out the part on Aliens, Citizens, and Constitutional Rights:



https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&context=facpub

rikkitikkitavvi

Jleftwich: you need to better understand that the Constitution was written BY Americans FOR Americans. If the first thing you do in this country is break the law, you do not get any protections under the Constitution. Not an American citizen? No unalienable rights under said Constitution. No matter what the liberal masses say.



https://www.14thamendment.us/info/illegal_alien.html



Illegal alien terminology

The 14th Amendment

This website uses the correct term, illegal alien, for those who sneak into our country in violation of our immigration laws.

To clarify, an alien is any person who is not a citizen or national of the United States. An immigrant is an alien admitted to the United States as a lawful permanent resident.

An illegal alien is someone who enters the United States without immigration inspection or without an appropriate visa authorizing entry.

The term illegal immigrant is often used interchangeably with illegal alien. However, the correct term for a person entering the United States unlawfully is illegal alien.

The politically-correct phrase undocumented immigrant has no legal basis - it is simply a term used by those who support open borders as an attempt to reframe terminology used in the immigration debate.

A permanent resident alien is an alien lawfully admitted to the United States for permanent residency. Permanent residents are also sometimes referred to as immigrants. Note that the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)).

Only legal permanent residents may reside permanently in the United States. The Department of State issues visas for this purpose. Other agencies can adjust one's immigration status to permanent resident alien.

A non-resident alien is an temporary resident of the United States who is invited a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the desired nonimmigrant classification.

For more information, see the U.S. Citizenship and Immigration Services Glossary and Terms. Also see US State Department information.

awteam2000

Maybe Chuck should had hired you as his attorney, seeing he was found guilty based on the constitution. You could have explained that to the judge.

The US District Court found Frederick County sheriff liable for the 2008 wrongful arrest of Roxanna Santos, sighting the 4th Amendment.

Now waiting settlement.

rikkitikkitavvi

I'm not an attorney aw, but I did stay at a Holiday Inn Express last night.

awteam2000

I hear Holiday Inns are very relaxing. You may have fallen asleep before you read the part of the 14th amendment that expresses - Due Process and Equal protection guaranteed under the 14th amendment which states; “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

rikkitikkitavvi

Aw, you missed part of my previous comment. "...the Constitution was written BY Americans FOR Americans."

awteam2000

Rik, I think you’re mistaken if you think the Constitution was written for only Americans. If so, it wouldn’t have any jurisdiction over non-Americans within the borders.

The constitution was written by X-British subjects to govern a new nation. Design to govern all resident in the country, even slaves, who were not considered American citizens.

Many parts of the Constitution use the term “people” or “person” rather than “citizen.” As a result, many of the basic rights, such as the freedom of religion and speech, the right to due process and equal protection under the law apply to ALL RESIDENTS.

The Fifth Amendment states that “no person … shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.”

The 1993 Supreme Court case Reno v. Flores, Justice Antonin Scalia (a hard-core conservative) wrote “it is well established that the Fifth Amendment entitles aliens (legal or illegal) all due process of law including deportation proceedings.”

phydeaux994

rikkitikkitavvi, I respectfully disagree with you. Anyone that is in America, legally or illegally, citizen or non-citizen, has some Rights guaranteed by the Constitution. The Right they have that you don’t seem to understand, is that they have the Right to a Deportation Hearing before a Federal Judge to determine their eligibility to remain in the Country or be deported. That is the bottleneck in the system. The wait for a Deportation Hearing is approaching two years, and they are returned to the population to wait. Many then disappear and never show up for their Hearing. That is the Right that Trump is trying to get around by hook or by crook. Peace!

DickD

Americans, ric? Which ones? The ones in Canada? The ones in Central America, the ones in S.America. Or do you mean the UNITED STATES OF AMERICA? The country that did not exist until AFTER the Revolution.

Jleftwich

You don't have to like it, and you're free to rant and rave and cite examples to bolster your opinion, but the case was heard before the US District Court, which is the final word.

awteam2000

The constitution refers to individuals as persons, citizens or people. Nowhere, does it refer to individuals as Americans. That term is ambiguous.

marinick1

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