Immigration Bill Will Grant Amnesty to Vast Majority of Criminal Gang Members

FairUS reported:

At first glance, the Gang of Eight’s amnesty bill appears to crack down on members of criminal street gangs. In fact, the bill adds aliens who are members of “criminal street gangs” to the list of those who are inadmissible and deportable under current law, and even contains a provision that explicitly excludes convicted gang members from gaining amnesty under the bill. (see Sec. 3701, p. 604-608)

However, upon more careful examination of the gang provisions in the bill, it becomes apparent they are nothing more than a mere attempt to appear tough. Rather, the provisions are so narrow that they will fail to keep out the vast majority of illegal aliens belonging to a gang, even allowing the Secretary of Homeland Security to waive the newly-created gang membership grounds for ineligibility.

Specifically, the bill bars gang members from receiving amnesty (“registered provisional immigrant” (RPI) status) under two different sets of circumstances. The first pertains to aliens who are 18 and older who:

Have been convicted of a gang-related offense under 18 U.S.C. 521(a);
Have knowledge the gang’s members engaged in a series of offenses under 18 U.S.C. 521(c); and
Acted with the intention to promote or further the felonious activities of the gang or maintain or increase his or her position in the gang. (p. 607)

Delving deeper, it becomes apparent that the vast majority of illegal alien gang members will not be prohibited from obtaining amnesty under this provision. First, the provision limits gang activity to that which is committed after the alien turned 18, giving illegal aliens a free pass on any gang offenses committed under the age of majority. Next, the provision only excludes alien gang members with convictions, allowing those who have been charged or arrested, but never actually convicted, of gang activity the ability to apply. Third, the definition of offenses under Title 18 only includes felonies, leaving those who have been convicted of any misdemeanor offenses as a gang member (even those who were pled down from a felony) to apply for amnesty. Finally, the provision includes an intent requirement, allowing illegal aliens a loophole to argue they unknowingly or unwillingly participated in the gang activity, and thus should be eligible for amnesty.

As such, the above criteria is so narrow that it will only prevent a fraction of illegal alien gang members from being excluded from receiving RPI status.

Real gun threat: Illegal-alien street gangs

With the national debate focused on civilian gun control, is perhaps the biggest armed threat within the U.S. being minimized?

According to the FBI, criminal street gangs – mostly comprised of illegal aliens – are acquiring high-powered, military-style weapons to potentially engage in lethal encounters with law enforcement members and citizens alike.

Criminal street gangs are responsible for the majority of violent crimes within the U.S. and are the primary distributors of most illicit drugs, according to a 2009 report by the Justice Department’s National Drug Intelligence Center, or NDIC.

The NDIC was a task force established in 1993 to coordinate law enforcement actions to stop drug trafficking and to curb the growing threat of violent gangs in the U.S. The agency was closed by the Obama administration in June 2011.

Prior to the shutdown of the NDIC, the agency released statistics on street gangs that some found unusual.

In 2010, the agency’s National Drug Threat Assessment stated that drugs were being sold on behalf of the cartels in “more than 2,500 cities.”

Then, in the 2011 official assessment, that number was reduced to “a thousand U.S. cities” – meaning that in one year, criminal drug gangs were cleaned out of 1,500 cities resulting in a 60-percent reduction.

Dave Gibson, a columnist for Examiner.com, asked, “Where were the press releases? Why isn’t the Obama campaign talking about this rather astounding feat every day?”

The NDIC’s reports were entirely removed from the Justice Department’s website.

An attempt to access the report brings users to a page that reads, “This website is no longer maintained and may contain dated information.”

Read more here.

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