Bill Montgomery's Smoking Gun: ICE PowerPoint Shows Monty's Minions How to Deport More Immigrants

Though the presentation covers state charges related to controlled substances, firearms and domestic violence, of particular interest are "crimes involving moral turpitude," or crimes that are inherently reprehensible, which include fraud and taking the identity of another.

County prosecutors have a wide array of state statutes to choose from when prosecuting individuals who are suspected, say, of working with a false Social Security Number, even in using one subsection of a law versus another. Some charges are considered CIMTs, some are not

A CIMT conviction means the individual will likely be deported, despite the best efforts of an immigration attorney.The ICE PowerPoint identifies the possible "litigation challenge" for each state charge, and how to get around it.

For instance, a straight up forgery charge under Arizona Revised Statute 13-2002 has no immigration challenge, no defense for the alien involved, and so no way for him or her to remain in the country after conviction.

But with criminal impersonation, or ARS 13-2006, the subsection charged can have life-changing consequences for the alien. One section is not considered a CIMT, allowing for a defense in immigration court and a possible stay of removal, while two others, "require reprehensible conduct," according to the PowerPoint.

I can already hear the cries of, "Who cares? Deport 'em all." But the existence of this PowerPoint presentation is an embarrassment both to the federal government and to the county attorney's office, with serious civil rights implications.

The 14th Amendment to the U.S. Constitution says that the states cannot "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."

That is, it indicates "persons," and does not distinguish between citizens and non-citizens.

Also, Montgomery's office could be accused of violating Title VI of the 1964 Civil Rights Act, which prohibits institutions receiving federal funds, such as the MCAO, from discriminating "on the basis of race, color, and national origin."

In other words, if Montgomery has one rule for those from another country and another for U.S. citizens, such a practice would be in violation of federal law.

Montgomery was put on notice of possible Title VI violations by the MCSO in a letter from Assistant U.S. Attorney General Thomas Perez dated December 15, 2011.

Perez found reasonable cause to believe that Arpaio's boys and girls in beige engage "in a pattern and practice of discriminatory policing," specifically, the "racial profiling of Latinos."

The letter detailed alleged violations of the First, Fourth and 14th Amendments to the U.S. Constitution, as well violations of Title VI and section 14141 of the U.S. code, and it specifically called out the MCSO's Criminal Employment Squad, which executes Arpaio's anti-immigrant raids.

"The CES targets worksites where most, if not all, of the employers are Latino," reads the letter.

(It's worth noting that ICE itself no longer does workplace raids, and has a policy of not criminally prosecuting unlawful workers unless the employer is prosecuted.)

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23 comments
ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Why do they use "charts" on their plans and never discuss the human side of the issue and the consequences of their charts. Like the private prison corporations holding their hearings on their plans, construction, and numbers never once mentioning "human beings", "people" etc.

Steve70
Steve70

Bill Montgomery, Senator John McCain, and Sheriff Joe Arpaio are the "new" american wests heroes. They enforce the laws of Arizona as the lawmen of the "old" west did. We are proud to support them. And we laugh at the demented, crazy fools who support the criminals. Like motherjones, who cannot argue without using vulgar language to replace her lack of facts. To her "intellect" is a word that goes along with words like unicorn, elves, and goblins, and DNichols, who makes up his "facts" in an attempt to impress anyone, without at least looking at the "real" facts. There is nothing wrong with legal immigration, and if obama wants to give amnesty to illegals, after screening them, make them learn  english, and making them pay. That is his choice. We will still be deporting them, those that do not meet his standards. And it will be done by those i've mentioned. 

e_pulsifer
e_pulsifer

A defendant charged with a violent, non-bailable offense has little incentive to plead guilty early on, because this simply guarantees a prison sentence.  Contrast this with the case of a landscaper held without bail on a charge of forgery or fraud for using false documents to obtain employment.  This individual may well have been of otherwise law-abiding habits, keeping a low profile to be able to continue working to support his family.  He has probably never spent a day of jail in his life and is shocked by the conditions, and the shock is all the greater in a foreign country.  He may not speak English fluently or at all and is given highly limited access to legal counsel and neutral interpreters, and those he does meet explain that his shaky legal standing makes a victory in court unlikely.

The days pass and hope wanes.  However, he is given to understand that he can avoid months of jail time (unconvicted but held without bail) simply by signing a piece of paper which relinquishes his legal right to due process, after which he will be released with time served and deported to freedom in his homeland.  Little wonder that so many yield, each one another notch in the public prosecutor's gunbelt.

DNichols
DNichols

The "Real Smoking Gun."

This is America's Darkest Hour.

Since the start of the January 2008 I.C.E. Deportation/Incarceration Programs:

Over One Hundred non=criminal un-documented Immigrants have Died in U.S. Custody.

Over Thirteen Thousand non-criminal un-documented Immigrants have been Incarcerated for years with out even charges.

Over Five THousand Legal Citizen Children are now in U.S. Foster Care after having thier Parents Deported, or Incarcerated away from them.

Over Forty-two Thousand Hispanic Human Beings now lay DEAD at the harsh U.S. Mexico Border where I.C.E. has Deported/Dumped Hundreds of Thousands into a known "Drug War" with nothing, not even water, to be Killed, or to Die of Exposure in the Harsh Desert.

Of the Thousands of Deported Dead at the I.C.E. Dumping Grounds, John McCain said "They get involved with the Drug Cartels".

No McCain, when you Dump Humans in the Desert with out even water, They Die!

America was Built on Far Better Principles and Values than this!

We must not allow this Holocaust to continue!

Several Arizona Racist Politicians have had ties to Supremacist Groups, like Neo-Nazi's, and have been photograghed with them.

(Russell Pearce, Joe Arpaio, John McCain, ect.)

DNichols
DNichols

"America is great because it is good, when it ceases to be good, it ceases to be great."

Alex De Tocqueville  (A very wise 1840's French Historian.)

January 2008 began the E-verify Law, the Hitleresque I.C.E. Deportation/Incarceration Programs which have ripped apart Thousands of good Christian Family units consisting of both un-documented Immigrants and Legal Citizen Children/Family Members.

Since January 2008 Our Nation has Plummeted!  (Economically, and Morally.)

This Triggered the "Foreclosure Crisis", the "Great Recession",the many "Bail Out Programs",  and our "New Ballooning National Deficit", all of which began January 2008?!!

All of the Bail Outs, Mortgage Programs, Cash for Clunkers ect. have occured since the start of the January 2008 I.C.E. Programs, and have only been "Treating the Symtoms" of the Deportation/Incarceration Damage done to our Country. Fact is; The Hard Labor gladly done by Immigrants for America was the very Foundation of our Strong Economy!

Fact: The twenty-five year period prior to the January 2008 I.C.E. Programs was "The Most Prosperous Time in Total U.S. History."  (We all worked Hard together for America.)

This is our I.C.E.'d Economy, and it was I.C.E. that put the Car in the Ditch!

To: Good, and Brotherhood, from Sea to shining Sea.

dennis20
dennis20 topcommenter

Listening to Montgomery defend his blatantly racist policies at his desperate press conferance friday was entertaining.  If this is what "The Montgomery Plan" on immigration is I'm not impressed. 

adiosborderbunnies
adiosborderbunnies

blah, blah, blah. microsoft product. illegal mexicans get deported. all sounds great.

e_pulsifer
e_pulsifer

As a public prosecutor, Montgomery combines the characteristics of bureaucrats, politicians, and lawyers.  The primary characteristic of a bureaucrat is to demonstrate efficacy by means of a performance metric, in this case the number of successful prosecutions.  The primary characteristic of a politician is the desire to please the constituents who elected him, as well as the political bosses (e.g., state governor, county sheriff) whose approval not only influences constituents but on whom his power-sharing arrangement depends in day to day practice.  The primary characteristic of a lawyer is technical manipulation of the law to arrange outcomes in his favor.

There can be little easier than prosecutions that involve non-bailable defendents who are easily coerced into pleading guilty.  The defendents are unpopular among both a large segment of the public and in the legislative and executive branches.  Little wonder that Montgomery contrives legalisms to that end.

e_pulsifer
e_pulsifer

ICE's previously announced shift of focus in deportation proceedings, from the low-hanging fruit to criminal aliens, seems to have reverted: the president's new policy has been relegated to political theater.  From the USA Today story you linked to:

         The push came after senior ICE officials in Washington warned its regional enforcement chiefs that criminal deportations had fallen from the year before and instructed them to get the numbers back up. "The only performance measure that will count this fiscal year is the criminal alien removal target," David Venturella, who then supervised ICE's field offices, said in April in an e-mail to agents in Atlanta.

In practice, this involves an elastic definition of "criminal aliens" which can be applied as broadly as possible.  "Round 'em up" is an institutional habit that took root over years under the guidance of career bureaucrats and managers, and reflected the attitudes and values of many field agents.  It won't be changed from the top without ongoing top-down supervision.  An executive memo or two without diligent follow up will be viewed as a speed bump to be circumnavigated by means of creative interpretation and selective application, and won't permanently alter institutional culture.

david_saint01
david_saint01 topcommenter

recall Monty next im thinking...What an insult to West Point, he got caught in a blatant lie, and apparently used tax dollars for the presentation! Indeed, the Constitution does state period that "all persons within our borders are afforded the same civil rights as any citizen"..no ifs ands or buts about it...Start packing now monty poo...or change your ways. 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

People as commodities for $$'s, sounds more like a Third World country dictatorship than a democracy.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Steve70 Old, very old would be a more apropos description. Strange to see a younger, old man like montgomery falling in the decades old pattern established by angry, old white men.

MaskedMagician1967
MaskedMagician1967 topcommenter

@dennis20

Can you please provide a link to MontyPug's presser? I had to work early today and missed it.

DNichols
DNichols

@David Saint; Yeah Recall Monty he is just another Racist Arpaio Stooge.

The Puppet Master is pulling his strings to meet his agenda, instaed of doing his "Real Job."

MaskedMagician1967
MaskedMagician1967 topcommenter

@david_saint01

David, I couldn't find the phrase in the Constitution that says that. Not doubting you, I just am not finding that particular phrase. Any links you can find are appreciated.

MotherJones
MotherJones

@MaskedMagician1967 Because Monty is an ass. Word is he just called a press conference about all this. What a scandal. News at 11.

pszymeczek
pszymeczek

@MaskedMagician1967 That precise phrase isn't there.  However, the various amendments that comprise the Bill of Rights refer to the rights applying to "persons" rather than "citizens."

MaskedMagician1967
MaskedMagician1967 topcommenter

@MotherJones

I actually thought MontyPug would be different than his mentally unstable predecessor.

Sadly I was wrong. The one bit of credit he does get from me is his military service.

MaskedMagician1967
MaskedMagician1967 topcommenter

@MotherJones

Do you remember what article or clause or amendment you saw that? As I said, I was unable to find the phrase David referenced.

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