Illegal immigrant's 145G 'deport gift'

[71ragtopgoat 23]

http://www.nypost.com/p/news/local/alie ... 2yBzWqSPMI

 

An illegal immigrant with a long rap sheet got a $145,000 parting gift from New York City taxpayers before he was deported, after a federal judge ruled his civil rights had been violated when he was held too long on Rikers Island.

 

Federal rules allow local law enforcement to detain suspected illegal immigrants for 48 hours after their criminal cases are resolved, to give Immigration and Customs Enforcement a chance to pick them up and move them to federal facilities.

 

Former Brooklyn resident Cecil Harvey, 55 -- backed by an immigration-rights advocacy group -- argued that his rights were violated when he spent more than a month in a Rikers holding pen before being transferred to ICE.

 

Harvey was shipped to his native Barbados in October 2007; the city settled his civil suit late last year.

 

The landmark settlement has prompted the Correction Department to dump scores of illegal immigrants on the streets, since federal officials often fail to pick them up within the required two-day window.

 

Federal immigration agents have office space on Rikers Island, and the city allows them to interview roughly 4,000 inmates each year. They put a hold, or "detainer," on 3,200 of those inmates who they discover are illegals.

 

But ICE often fails to transfer those detainees within the required 48 hours of their criminal cases being resolved, multiple jail sources said.

 

"We just release them now," one high-ranking jail supervisor said. "It's ICE's problem to go find these guys."

 

Harvey, a 55-year-old father of three, with three prior arrests, spent 35 days on Rikers, when he should have been moved to ICE.

 

On Dec. 2, 2003, cops busted him in Bedford-Stuyvesant shortly after midnight for drinking a bottle of Bacardi in public. Police said they found "crack cocaine residue" in his pocket.

 

He pleaded guilty to the misdemeanor drug charge and the judge ordered him released on his own recognizance, according to the Brooklyn District Attorney's Office.

 

He was eventually delivered to ICE, but released pending an appeal of his status. After he was arrested again on a warrant for missing his court date on his drug case while in federal custody, Harvey was held on Rikers for another month before being transferred to an ICE center in Alabama.

 

" I cannot speak for Rikers as to why he was not released to us within 48 hours," said ICE spokesman Harold Ort. "ICE lodges a detainer on removable aliens and the jail then contacts us when the alien is ready to be picked up by ICE."

 

A city Law Department representative called the Harvey case an "unfortunate occurrence," but maintained it was an isolated mistake.

 

"The Department of Correction has tightened its procedures to prevent a reoccurrence," said Muriel Goode-Trufant, head of the city's federal litigation division.

[tony357 386]

thats just great.. this country is fucked up..

 

where do these laws come from ?

 

we are a bunch of idiots and they are just playing us until their is no more to give..we will be bunched up in dirty apartments just like them living with 5 families or more in a one family dwelling..

 

with any luck i will be gone before that happens..

[Old School 611]

Totally F\/(KED |_|P !!!!!!!!

[OceanTactical 0]

Enough is enough. If this was Russia they would go into a camp and never be heard from again. When this is the Socialist republic of America. The border guards will be on unemployment. Just think ALL of those illegals= Democratic votes. The new 51st state=more Dem votes.

[BRaptor 68]

If this was Russia they would go into a camp and never be heard from again.

 

You really want to provide the behavior of Mother Russia's government as a model for our country's government?!?!

 

We run around screaming that our god-given right of self-defense is being infringed, and then demand that someone else's god-given right to not "be deprived of [liberty] without due process of law" be infringed.

 

The problem with this case is that this man was held as a criminal (in a jail) for 35 days with nothing more than an administrative nod and wink. Face it, the government treated him inequitably and in contravention of the law and our Constitution.

 

He should have been transferred to an ICE location within 48 hours for immediate processing as an illegal alien. Instead, he was held in jail indefinitely until someone got around to putting him into the Immigration system.

 

As an example, what if he had been entitled to some type of asylum, yet he wouldn't get an asylum hearing until in the ICE system? So, a person otherwise entitled to be freed would have been stuck in jail for 35 days because of beauracracy.

 

I hate illegal aliens, especiall drug-using pieces of waste like this guy. But, this law was written to deter the government from inequitably detaining people without due process of law...it is a basic human right, similar to the one we are so passionate about.

 

I don't like the end result of an illegal being deported with almost $150k of my tax money. But, I'm more angry that the government continues to take such liberties with fundamental rights.

[GoNRA 12]

If this was Russia they would go into a camp and never be heard from again.

 

You really want to provide the behavior of Mother Russia's government as a model for our country's government?!?!

 

We run around screaming that our god-given right of self-defense is being infringed, and then demand that someone else's god-given right to not "be deprived of [liberty] without due process of law" be infringed.

 

The problem with this case is that this man was held as a criminal (in a jail) for 35 days with nothing more than an administrative nod and wink. Face it, the government treated him inequitably and in contravention of the law and our Constitution.

 

He should have been transferred to an ICE location within 48 hours for immediate processing as an illegal alien. Instead, he was held in jail indefinitely until someone got around to putting him into the Immigration system.

 

As an example, what if he had been entitled to some type of asylum, yet he wouldn't get an asylum hearing until in the ICE system? So, a person otherwise entitled to be freed would have been stuck in jail for 35 days because of beauracracy.

 

I hate illegal aliens, especiall drug-using pieces of waste like this guy. But, this law was written to deter the government from inequitably detaining people without due process of law...it is a basic human right, similar to the one we are so passionate about.

 

I don't like the end result of an illegal being deported with almost $150k of my tax money. But, I'm more angry that the government continues to take such liberties with fundamental rights.

 

 

That may be the case, but LEGAL U.S. citizens are getting fed up with immigrants and the BS they've been putting us through for the decades, like they are with these politicians. Your gonna start hearing a lot of public outcry about this stuff with NO REMORSE because people are just fed up with it all.

[SpecOps2087 3]

It'd be one thing if he was an actual citizen...oh wait, he's not...who gives a crap! If your not a citizen you shouldn't have any right in our legal system.

[djg0770 481]

You really want to provide the behavior of Mother Russia's government as a model for our country's government?!?!

 

NOPE. I want to provide the rights they have as citizens of their country. Illegal immigrants in Mexico are nearly strung up by their toenails....

[tony357 386]

You really want to provide the behavior of Mother Russia's government as a model for our country's government?!?!

 

NOPE. I want to provide the rights they have as citizens of their country. Illegal immigrants in Mexico are nearly strung up by their toenails....

 

agreed..

[chefhunter34 1]

See here is the problem, If it was one of us, (Citizens) if we got busted for that, we would never even be looked at by anyone, because we are supposed to know better they throw the book at us. If I was here on a visa, I have tons of govt. agencies chomping at the bit to jump in and help so I dont get deported.

 

This is the land of opportunity, for any one who wants to be opportunistic, and take advantage of our system.

 

ok I am about to sy something I shouldnt so I will stop here

[djg0770 481]

ok I am about to sy something I shouldnt so I will stop here

 

Do you think we're going to say something about how all your dishwashers and busboys don't belong here? We're above that. :?