Sanctuary: Bellamy pushes jail board to spurn ICE immigration reporting

| January 23, 2018 | 14 Comments

Charlottesville City Councilor Wes Bellamy, in coordination with the Legal Aid Justice Center, is working to undermine the Albemarle-Charlottesville Regional Jail’s (ACRJ) cooperation with the United States Immigration and Customs Enforcement (ICE).

Bellamy, who represents City Council on the ACRJ Jail Authority Board, made the surprise offensive at the group’s January 11, 2018 meeting, according to draft minutes and other documents obtained by The Schilling Show.

At issue is the Jail policy of responding to ICE immigration detainer requests. A presentation and handout by Tanishka Cruz, an attorney with the Legal Aid Justice Center, explains:

When an immigration detainer is issued, ICE requests 2 specific actions from local jurisdictions: (1) that local officials notify them at least 48 hours before an individual is released from custody; and (2) that local officials maintain custody of the individual for 48 hours beyond the release date to provide ICE with time to assume custody.

Cruz clarified that the ACRJ current policy is to notify ICE of impending release, as delineated above, but not to maintain custody beyond the release date.

The handout continues with a 10th Amendment(!) argument against the presumed legal obligation to comply with ICE requests:

There is no statutory or regulatory requirement that ACRJ comply with ICE notification requests. In fact, the Tenth Amendment of the Constitution prevents the federal government from enacting laws or regulations that commandeer the resources of the states to enforce them. ICE has increasingly co-opted the criminal justice system to achieve its immigration enforcement goals. As a result, local police are often the entry point into the detention and deportation.

ICE notification requests are voluntary and no local law enforcement agency is obligated to comply or assist in immigration enforcement. Therefore, ACRJ’s decision whether to respond to an immigration detainer and ICE notification request is entirely discretionary.

The memo then assures the Board that federal judicial rulings will protect non-complying localities from being penalized:

If ACRJ declines to assist ICE with notification requests, ICE may retaliate by threatening to strip away federal funds or step up enforcement. However, several federal district courts have granted nationwide injunctions blocking the Trump administration’s attempts to penalize and defund cities and counties that adopt non-communication and anti-detainer policies.

Legal Aid also makes a convoluted case that complying with ICE in upholding the law is harmful to the greater Charlottesville community:

Complying with ICE notification requests undermines public safety, sows mistrust among the community, devastates local families, and directly feeds people into the mass immigration detention and deportation pipeline. If the City and County are seen as extensions of ICE, community trust in local law enforcement will be eroded and people will be less likely to report crime or serve as witnesses. The message to the community must be that the local government prioritizes the safety of the entire community and values keeping children and their parents together. This message will keep the lines between local and federal officials from being blurred and everyone can feel safe to report crimes, emergencies, or domestic violence without fear of reprisal or family separation.

Moreover, in the face of national movements challenging racial bias in policing, entangling local police with deportation further undermines any attempts to build trust with communities of color.

Following the coordinated presentation, several members of the public spoke in support of the non-compliance proposal, including former Albemarle County Board of Supervisors candidate, Cynthia Neff, who encouraged the community to “say no to ICE.”

Citing a legal and moral opportunity for the Board to “do the right thing,” Bellamy then pushed several times for a “moratorium” on notifying ICE of illegal alien release dates, until such time that an official vote of the Jail Board could legally be taken.

Mike Murphy, Charlottesville Assistant City Manager and fellow Charlottesville ACRJ Board representative, was broadly supportive of Bellamy’s proposal to spurn ICE; however, there was resistance from other quarters.

Albemarle County representatives, Supervisor Diantha McKeel, and Assistant County Executive Doug Walker, expressed concern over the lack of information presented, a need for legal advice from the Albemarle Commonwealth’s Attorney, and the necessity of bringing the issue to the full Board of Supervisors.

Steven Carter, Nelson County Executive, and representative to the Jail Board, expressed frustration over being broadsided by Bellamy’s ferly proposal and cited his own lack of sympathy towards the policy change. Carter then suggested that Bellamy advise Charlottesville Police to stop arresting illegal aliens who could be subject to ICE reporting. Bellamy stated that such a policy was being pursued in the city and acerbically recommended that Carter implement the same policy in Nelson County.

After further discussion, Bellamy made a motion (which was seconded) for a moratorium on responding to ICE’s voluntary request for release date notifications. Ultimately, the motion was withdrawn on the condition that the Jail Board reconvene for a special meeting on January 25, in order to vote on the matter.

Bellamy’s quest for lawlessness is not Charlottesville’s first foray into resisting federal immigration policies. Disgraced former Mayor, Michael Signer, in early 2017 publicly advocated Sanctuary City status for Charlottesville. Following a Schilling Show exposé on the proposal, Signer backtracked on his illegal alien protection scheme, and the idea was put to rest. It remains to be seen if Bellamy’s bid will meet the same fate.

About the Author:

Rob Schilling is founder of The Schilling Show Blog and News; host of WINA's The Schilling Show, heard weekdays from noon to 2 PM; husband; father; and community watchdog.
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14 Comments on "Sanctuary: Bellamy pushes jail board to spurn ICE immigration reporting"

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  1. Linda Taylor says:

    Yet they always want more federal funding. Go figure!!!!!

  2. Al says:

    Funny how things change. I heard nary a word from Bellamy and his hired gun lawyer regarding the 10th amendment when Obama was telling states that gender specific bathrooms were illegal. Wes Bellamy has been, still is, and always will be a divisive obnoxious SJW using his political office and token PHD to keep the fires of resentment and hatred stoked. We seem hell bent on becoming more and more tribalist in the country. It’s also somewhat humorous to note how the axiom “those that fail to learn from history are sure to repeat it” (I’m using my recollection of the wording) is completely ignored by the very liberals that most often use it during political and social discussion. I will simply say again, PEOPLE SEEM TO HAVE LOST THEIR EVER LOVING FOOKING MIND. So many seem ready eager to go to battle in order to allow an all out invasion of our nation by anyone eager to escape their third world sheethole living conditions bringing nothing except their poverty and a willingness to freeload off the nation they are entering illegally.

    Be careful of what you wish for folks. We went this route once and everyone knows how that turned out.

  3. Ken says:

    I favor letting trans kids use whatever bathroom they like, but I think Obama was wrong to tell states what to do on such a new and contentious issue. I’m no fan of Bellamy’s either. People who accuse the other side of being tribalist, however, should demonstrate some willingness to credit the other side with goodwill.

    So many seem ready eager to go to battle in order to allow an all out invasion of our nation by anyone eager to escape their third world sheethole living conditions bringing nothing except their poverty and a willingness to freeload

    That’s been said of every immigrant population in U.S. history. These previous populations worked the “sheet” jobs other people didn’t want to do, assimilated, and worked their way up. That’s how “it turned out,” and most of the people ICE goes after want to do the same thing. Far from being hostile invaders, many have been working and contributing to society for years.

    Lawlessness, lawlessness, lawlessness – we human beings break the moral law routinely, but God forgives us. If God shows mercy, “godliness” is showing mercy too. “For if you forgive other people when they sin against you, your heavenly Father will also forgive you. But if you do not forgive others their sins, your Father will not forgive your sins.” Matthew 6: 14-15. Those verses hardly mandate letting illegal immigrants stay, but they should make us think twice about citing the law as if that settles the issue.

    What about “The LORD your God is the God of all gods and Lord of all lords, the great, mighty, and awesome God who doesn’t play favorites and doesn’t take bribes. He enacts justice for orphans and widows, and he loves immigrants, giving them food and clothing. That means you must also love immigrants because you were immigrants in Egypt” (Deuteronomy 10:17-19)?

    I’m in favor of the rule of law in principle, but I’m opposed to making and enforcing it without mercy. If someone is apprehended after being here 10 months, fine, send them back. But if someone is apprehended after working and paying taxes and staying out of trouble for 10 or 15 years and has kids in school, that’s another story. Many of us have ancestors who here legally, but nonetheless weren’t wanted by most Americans. Let’s treat these newcomers fleeing violence and poverty better.

  4. al says:

    “If someone is apprehended after being here 10 months, fine, send them back. But if someone is apprehended after working and paying taxes and staying out of trouble for 10 or 15 years and has kids in school, that’s another story”

    So in essence we reward people that get away with being here illegally versus some quickly caught? Your willingness to interpret the law according to YOUR moral values is a express lane to anarchy. If YOU do it and it’s allowed, I’m going to do the same damn thing when I don’t agree with a law. I am willing to put all illegals that match your description on the database which means a green card system. However in return I want the southern border closed to illegals, chain migration and the lottery system discontinued. If a person wishes to keep their extended family intact, stay in their native country and do so. VISAs are for visiting.
    The USA has no obligation moral or otherwise to upgrade the lifestyle of people all over the world simply because their nation is dysfunctional.

    Using your logic, I should be able to move to Beverly Hills or The Hamptons because my lifestyle is soo much lower than those people’s. Fwiw, I would not live in either place but it works as an analogy. ;)

  5. Ken says:

    I’m not interpreting the law, I’m saying what I wish the law was, and unlike a lot of progressives, I don’t think illegal immigrants deserve to stay. I do empathize with them, however. They aren’t moving to Beverly Hills to get rich, the’re coming north because they’re very poor and fear for their lives.

    Have you ever not been punished for something you shouldn’t have done? Have you ever been shown mercy? I hope so. If you’re a Christian, you believe that God has “no moral obligation” not to punish us, but that He shows mercy to anyone everyone who asks. I’m in favor of strict border controls, but not a wall, which the experts think is dumb. But I think we in turn can show mercy to immigrants who have become good citizens, especially the ones who didn’t even choose to come here, but were brought by their parents.

  6. Forbes Kennedy says:

    Bellamy is just being a good plantation manager. This entire issue is merely a scheme to insure that more goodie-receiving people enter the nation so they will pull that “D” lever faithfully each election day. And Bellamy is just following the massa’s orders to act as the massa says…do we really think he is making this play unilaterally?

    Now, as for immigration…it’s so simple (like, for example, using the bathroom based on your plumbing versus what you think you are. Heck, I could pee on a fire hydrant and say I identify as a canine, right?). Here’s the scoop:

    1. Build a wall–I mean a metaphorical wall. Perhaps some physical structure in some areas, but a rock solid border.
    2. Merit based immigration policy–Just like (as libs like to say) we are causing climate change because of population growth and energy use, we also have finite resources in the country. Whilst rosy, righteous platitudes about how the Irish and German and others came to this nation, in 2018 we cannot afford to let in people willy-nilly. And we know darned well–despite the lies from the previous president–that many of these people are not vetted properly.
    3. Stiff penalties–big time–against businesses who employ illegals. Cripple them (and I am sure there are many right in our backyard).
    4. Current illegals should be rounded up and assessed. If they are serial offenders, have criminal records (beyond traffic tickets or summary offenses), send them back. If they have contributed to society, put them on a path.

    And please, friends, let’s not fall for the silly “breaking up families” B.S. You do realize, of course, that every time a man or woman (here legally) with kids is convicted and jailed for a crime in a U.S. court, we have broken up a family. So zip that rationale, please.

  7. Ken says:

    The question isn’t whether criminals should be separated from their families but whether this particular crime warrants separation. Most people are jailed because they’re a danger to society, physically or otherwise, but immigrants commit significantly less crime than native born Americans, and there is widespread agreement that immigrants who have committed crimes should be deported. Immigrants arguably also boost local economies over the long term – see David Brooks’ column, The East Germans of the 21st Century. I agree with your point #4.

    Bellamy can think for himself, but many people on both sides just follow the party line and don’t acquaint themselves, much less seriously grapple, with the opposing side’s facts and arguments.

  8. Al says:

    Ken, with all due respect you just did exactly what Forbes was speaking of. You have no freaking way of proving that illegals commit less crimes than native born Americans. How do you keep records for people that are off the record? My guess would be that illegals commit crimes at the same rate as others in their economic class. Poor uneducated people commit far more crimes especially violent felony crimes. The vast majority of illegals are poor uneducated and unskilled laborers. There was a time in our history when this was a good thing. That time has long since passed and it’s transparent deflection to keep referencing it. Please explain why this country needs millions more unskilled, uneducated, and often non-English speaking people here? New York and California among others whine bitterly about losing state tax deductions when they file their federal taxes. Yet those same states think of new ways to spend their state tax revenue on benefits for illegal immigrants. Cry me a river.

  9. Forbes Kennedy says:

    We must use words carefully; Ken said “immigrants.” Not “lawbreaking immigrants.” My grandma was an immigrant from Scotland; she was never arrested. Based on the laws when she arrived, she was here legally.

    It seems that, more often than not, when we here one of these sad-sack stories of model illegal aliens being rounded up, there is always some catch. Like the Lawrence, Kansas guy from Bangladesh who, according to the biased media, was a model occupant of the U.S. Except for one small detail…This brilliant man with an M.S. in a complex science discipline pursued a Ph.D., so he obtained a student visa to replace his work visa. Then he dropped out of the Ph.D. program and returned to work, and did not get a work visa. He ended up in court in 2011 where the judge issued a “voluntary return” order but allowed that, if he remained in the U.S., he had to regularly check in with his ICE representative. Now–years later–Trump is more strict than Obama’s open-border policy, and the guy is being sent back.

    Of course, our intrepid media (never one-sided, right?) never reported the most important facts of this case:
    1. Why did the guy never replace his student visa with a work visa?
    2. Why did he never get citizenship when each of his Bangladeshi siblings have become citizens?
    3. Did he or did he not ever check in with his ICE reps?

    This guy is a brilliant man, so he knew full well what he needed to do. But the press leads us to believe it is a simple case of the evil ICE machine leaving model occupants in the deep freeze of deportation.

    Now, as for Al’s comments, yes…places like California are overrun with illegal occupants who are bankrupting those states. And LOTS of money goes back to the home country before we even see it.

    As for David Brooks’s opinions, he wanted HRC for president. I am unabashedly proud to say that anyone who actively promoted HRC for president has zero credibility with me. Now, if someone said that all three major candidates (DJT, HRC, BS) were rubbish, I would consider his opinions. To put it simply, 33,000 deleted emails deleted AFTER subpoena is issued trumps talking about pu**y-grabbing with some vacuous Tv host any day.

  10. Ken says:

    Al, illegal immigrants are off the population records, but they’re hardly invisible and undetectable when they do commit crimes. If they’re not caught on the spot, community members can identify them – in fact one argument against aggressive ICE enforcement is that Hispanic community members especially _won’t_ identify them if others in the house are likely to be deported.

    Young illegal immigrant males commit crimes at a higher rate than American citizens, but immigrants as a whole commit less. I agree that we don’t need more unskilled, uneducated, often non-English speaking immigrants. Higher skilled immigrants, however, start businesses at a higher rate than native born Americans, launching ever a quarter of U.S. businesses according to one study. Another finds that “immigrants and their children have helped found 60 percent of the most highly valued tech companies in the U.S.”

  11. Ken says:

    33,000 deleted emails deleted AFTER subpoena is issued

    Politico calls that claim only half-true, and your claim about Brooks “wanting” Hillary for president gets the same rating from me. He wanted her to beat Trump is all. He’s criticized her character and said that he disagrees strongly with many of her policies. Trump’s dishonesty, corruption and apparent disinterest in anything but himself and what he thinks will make him look better (one thing Hillary cannot be credibly accused of) is off the charts, even in a world with Hillary Clinton in it. The guy has also demonstrated over and over that he knows nothing about policy and nothing about the issues policy is supposed to address. It takes the Donald to make Hillary look “good.”

  12. Forbes Kennedy says:

    Your fourth sentence above could easily be about HRC. Funny how those who sleep with corruption are also self-appointed arbiters of “how much corruption” is acceptable in a poltician.

    And if you want to know what David Brooks really thinks about HRC, read his column from NYT from May 24, 2016. I am surprised his bib didn’t get soaked with drool writing that one.

    Finally, I am not sure how the claim can be “half-true” on the emails. The date the subpoena was delivered is fact, the date the emails were deleted is trackable, so one just compares the dates. Unless, of course, your saying she only deleted 16,500 emails after the subpoena was issued.

    Ken, for all the supposedly “enlightened” discourse from libs, I find it unfathomable that anyone believes HRC–with her pedigree–deleted thousands of emails merely because she was cleaning her files and that they were simply wedding plan emails. That is no more credible than Loretta Lynch on a plane chatting with WJC about grandkids in an impromptu meeting on the tarmac.

    Sheesh!

  13. Forbes Kennedy says:

    Oops, almost forgot…
    In addition to a dead NFL player at the hands of DUI illegal alien, a young artist from Richmond was murdered in a January robbery, throat slit and dumped in a swamp in Sussex County by….
    You guessed it! An illegal alien!

  14. Ken says:

    If you want to know what Brooks thinks of Clinton, don’t just cherrypick one column about one aspect of her.

    Politifact says: “The congressional subpoena came on March 4, 2015, and an employee deleted the emails sometime after March 25, 2015, three weeks later.
    However, the implication — that Clinton deleted emails relevant to the subpoena in order to avoid scrutiny — is unprovable if not flat wrong.”

    I take little that Clinton says on face value. Clinton, however, is not president, just the Right’s favorite obsession, and of all his faults and inadequacies, Trump’s sleazy sexism is among the lest damaging to the country, although it probably ncourages fellow sleazeballs.

    Hey, while we’re at it, are we excited about the big expensive military parade? Don’t roll your eyes – that’s “treasonous.”

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