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Wednesday, April 2, 2008

Illegal Alien Sues, Saying NYPD Called In Feds

One thing that the Muslims have learned from the left-wing libs here in the West is how to be a victim. Victimology 101; that is the big lesson libs teach everyone. There is no more requirement to stand on your own. Now you simply rely on the Government to provide you with everything that you are too lazy to get for yourself.

Well, that's one end result. Another end result is that it allows criminals and lawbreakers to claim victimhood when they engage in crimes and actively break the law. We have a story from the New York Sun to vividly illustrate this.

But this post is not just about the victimhood angle. It is also about the law, New York City's Executive Order 41 and the idiocy of the judge who allowed this case to move forward when it should have been quashed from the outset.

First, the case:

The case of the cab driver, Waheed Saleh of Jenin in the West Bank, indicates that a New York City police lieutenant casually tipped off a federal immigration officer about Mr. Saleh's immigration status, court documents in the case show.

Mr. Saleh's civil trial against the lieutenant and another police officer is expected to begin tomorrow. It may be the first time that the city has been called to account in connection with Mr. Bloomberg's Executive Order 41. Issued in 2003, that order was intended to encourage illegal immigrants to seek out help from the police department and other agencies and allay fears that the city would turn their names over to federal immigration officials.

It turns out that Saleh illegally over-stayed his Visa, the same way the 19 9/11 hijackers did. Apparently, Mayor Bloomberg has forgotten the devestation those 19 caused his own city back in 2001. Executive Order 41 essentially makes New York City a "sanctuary city" in which illegal aliens can come in and get all sorts of hand-outs and goodies for free, at tax-payer expense.

But what kind of person is Mr. Saleh?

Court records show that police officers considered Mr. Saleh to be a troublemaker who could turn violent when confronted by the minor annoyances of big-city life, such as a dispute over a parking spot or the high price of cigarettes. In one instance, officers responded to a 911 call from a bodega employee who claimed Mr. Saleh threw a pack of cigarettes at him after a dispute over its price, according to court documents. In another instance, police officers broke up a fistfight between Mr. Saleh and another man over a parking spot, according to depositions. Police believed that Mr. Saleh, earlier in the fight, had tried to use his vehicle to ram a person standing in the street, the documents say.

So, what is wrong with having this guy deported? Nothing really. The law was very clear on that subject:

The city's policy for not sharing information with the federal government about illegal immigrants contains an exception for immigrants suspected of crimes. Given Mr. Saleh's trouble with the law, he appears to fall under that exception. Police policy in effect at the time, but no longer, required communications between the NYPD and federal immigration officials to begin with a written report that went through the NYPD's Intelligence Division. A police Internal Affairs Bureau report concluded that Captain Nicholson did violate the procedures on alerting the federal immigration officials in Mr. Saleh's case. But the report, which was filed in federal court, found that Mr. Saleh's claim that Captain Nicholson was acting in response to the complaints against Officer Hickman was unsubstantiated.

Right there, this whole thing should have been dropped and Mr. Saleh sent back to the West Bank for good. But here is what happened:

"It may be sound practice for NYPD officers to alert ICE when they encounter unlawful aliens under normal circumstances, but when they do so for retaliatory purposes, they run afoul of the Constitution," the judge handling the case, Sidney Stein of U.S. District Court in Manhattan, wrote in a ruling allowing the case to go forward last year. ICE stands for Immigration and Customs Enforcement.

Judge Stein is one of the leftist types who believes in spreading the idea of victimhood, even if it means jeopardizing the safety and security of an entire city.

Sanctuary cities should be completely cut-off from Federal funding and told to provide for illegal aliens out of their own pockets rather than forcing the rest of us honest tax-payers to cough-up the money that gets wasted on illegals each year. Further, the law firm of O'Melveny & Myers LLP should be investigated to see exactly where the money for representing Saleh is originating from.

You can access the complete column on-line here:

Illegal Alien Sues, Saying NYPD Called In Feds
Joseph GoldStein
New York Sun
March 31, 2008

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