Post by hng on Aug 7, 2006 11:35:24 GMT -5
Petition Filed In Tennessee for Federal Investigation
By H. Nelson Goodson
El Conquistador Newspaper
3206 W. National Ave.
Milwaukee, WI 53215
414-383-1000
conquistador@bizwi.rr.com
Date: July 28, 2006
Milwaukee- A federal investigation has been requested in regards to the possibility of a Civil Rights violation by the Bradley County Sheriff’s Department in Cleveland, Tennessee. On Monday, July 24, a petition was sent to U.S. Attorney James R. Dedrick, of the Eastern District of Tennessee requesting a federal investigation. The Federal Bureau of Investigation also received a copy. The investigation request by El Conquistador Newspaper, asks Dedrick to look into the possible Civil Rights violation of drivers passing through Cleveland by the Bradley County Sheriff’s Department.
On May 13, Wenceslao Garcia, 45, was stopped for a traffic violation on highway 75 near Cleveland by Bradley County Deputy Sheriff Shane Mckee. Garcia presented his valid Wisconsin Driver’s License to Deputy Mckee and other documents. Mckee than asked Garcia, if he was a U.S. citizen. Garcia refused to answer. The deputy than called for Immigration and Customs Enforcement (ICE) agents to the scene. Garcia was taken into custody and later deported. By the way, Deputy McKee did not give Garcia a traffic citation for a tailgating violation while driving on the highway. His 1998 Toyota truck was towed and stored accumulating costs for 67 days. It took more than two months to locate and to recover the truck before it would be auction off by the Bradley County Sheriff’s Department. The truck is now in Wisconsin.
Deputy Sheriff Mckee could now face federal charges for violating Garcia’s Civil Rights, and acting as a federal agent of the U.S. Immigration and Customs Enforcement when he is not authorized to do so under federal law.
On Monday, El Conquistador Newspaper received an email by the U.S. ICE representative Temple Black from the New Orleans office that oversees Tennessee. He provided the following information on 287(g), which refers to the specific partnership between ICE and local law enforcement agencies. Black also states that ICE agents have the sole authority to enforce immigration laws.
El Conquistador Newspaper found that the Bradley County Sheriff’s Department is in clear violation of federal law. Apparently, it was discovered that the Bradley County Sheriff’s Department and the State of Tennessee have not entered into agreement or partnership under Section 287(g) of the Immigration and Nationality Act.
It seems, Deputy Mckee is not a designated officer to perform immigration law enforcement functions, pursuant to a Memorandum of Understanding (MOU), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.
The MOU defines the scope and limitations of the authority to be designated. It also establishes the supervisory structure for the officers working under the cross-designation and prescribes the agreed upon complaint process governing officer conduct during the life of the MOU. Under the statute, ICE will supervise all cross-designated officers when they exercise their immigration authorities. Once the scope of limitations of the MOU has been reached, the assistant secretary of ICE, and the governor, a senior political entity, or the head of the local agency may sign the MOU, requesting the cross-designation.
It’s troubling to know that the Bradley County Sheriff’s Department is allowing this type of activity, when in fact they are not authorized. It is a clear act of violation of the Fourth Amendment “Civil Rights” of the individuals (drivers) that they stop on a traffic violation while passing through Cleveland.
ICE partnership web link: www.ice.gov/partners/287g/section287_g.htm
By H. Nelson Goodson
El Conquistador Newspaper
3206 W. National Ave.
Milwaukee, WI 53215
414-383-1000
conquistador@bizwi.rr.com
Date: July 28, 2006
Milwaukee- A federal investigation has been requested in regards to the possibility of a Civil Rights violation by the Bradley County Sheriff’s Department in Cleveland, Tennessee. On Monday, July 24, a petition was sent to U.S. Attorney James R. Dedrick, of the Eastern District of Tennessee requesting a federal investigation. The Federal Bureau of Investigation also received a copy. The investigation request by El Conquistador Newspaper, asks Dedrick to look into the possible Civil Rights violation of drivers passing through Cleveland by the Bradley County Sheriff’s Department.
On May 13, Wenceslao Garcia, 45, was stopped for a traffic violation on highway 75 near Cleveland by Bradley County Deputy Sheriff Shane Mckee. Garcia presented his valid Wisconsin Driver’s License to Deputy Mckee and other documents. Mckee than asked Garcia, if he was a U.S. citizen. Garcia refused to answer. The deputy than called for Immigration and Customs Enforcement (ICE) agents to the scene. Garcia was taken into custody and later deported. By the way, Deputy McKee did not give Garcia a traffic citation for a tailgating violation while driving on the highway. His 1998 Toyota truck was towed and stored accumulating costs for 67 days. It took more than two months to locate and to recover the truck before it would be auction off by the Bradley County Sheriff’s Department. The truck is now in Wisconsin.
Deputy Sheriff Mckee could now face federal charges for violating Garcia’s Civil Rights, and acting as a federal agent of the U.S. Immigration and Customs Enforcement when he is not authorized to do so under federal law.
On Monday, El Conquistador Newspaper received an email by the U.S. ICE representative Temple Black from the New Orleans office that oversees Tennessee. He provided the following information on 287(g), which refers to the specific partnership between ICE and local law enforcement agencies. Black also states that ICE agents have the sole authority to enforce immigration laws.
El Conquistador Newspaper found that the Bradley County Sheriff’s Department is in clear violation of federal law. Apparently, it was discovered that the Bradley County Sheriff’s Department and the State of Tennessee have not entered into agreement or partnership under Section 287(g) of the Immigration and Nationality Act.
It seems, Deputy Mckee is not a designated officer to perform immigration law enforcement functions, pursuant to a Memorandum of Understanding (MOU), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.
The MOU defines the scope and limitations of the authority to be designated. It also establishes the supervisory structure for the officers working under the cross-designation and prescribes the agreed upon complaint process governing officer conduct during the life of the MOU. Under the statute, ICE will supervise all cross-designated officers when they exercise their immigration authorities. Once the scope of limitations of the MOU has been reached, the assistant secretary of ICE, and the governor, a senior political entity, or the head of the local agency may sign the MOU, requesting the cross-designation.
It’s troubling to know that the Bradley County Sheriff’s Department is allowing this type of activity, when in fact they are not authorized. It is a clear act of violation of the Fourth Amendment “Civil Rights” of the individuals (drivers) that they stop on a traffic violation while passing through Cleveland.
ICE partnership web link: www.ice.gov/partners/287g/section287_g.htm