photo: Georgia House

Breitbart News
March 27, 2018

Neil Munro

GOP Rep. in Georgia: Immigration Enforcement is Like Nazi Germany

The state of Georgia will be like Nazi Germany if it requires enforcement of the nation’s immigration laws, says a business-first Republican in the state legislature.
The claim was made by GOP Rep. Heath Clark as he announced his subcommittee was gutting a pro-American immigration reform bill which is backed by Lt. Governor Casey Cagle in the GOP gubernatorial primaries.

“This isn’t Nazi Germany — we are not asking people to carry their papers around on them at all times,” said Clark, the vice chairman of the House Public Safety and Homeland Security Committee.

The original Cagle-backed bill — Senate Bill 452 — says police shall notify local, state and federal officials when they arrest an illegal immigrant.

But Clark and his allies took out the word “shall” and inserted “may” at the behest of business lobbies. That change allows local business groups and ethnic lobbies to pressure police chiefs to minimize the reporting and deportation of the many illegal-immigrant workers in Georgia who hold down Americans’ wages.

Clark explained March 20:

In section one we did change a ‘shall’ back to a ‘may.’ There were some concerns within the business community with international companies. A CEO or somebody might be here with a foreign driver’s license and if they were pulled over for, for some reason, and if they didn’t have their visa on them. You know most people don’t carry that around on them on a permanent basis because they don’t want to lose it because it’s a pain to get another one. We want to allow for discretion, for the police officer to maintain some discretion there … This isn’t Nazi Germany – we’re not asking people to carry their papers around on them at all times… More here.

photo: Wiki.com

According to the Gwinnett County Sheriff’s office, this perp has an ICE hold. We are checking to see if he had contact with Georgia law enforcement before he was convicted of raping this child. We call it the #HeathClark question. 

AJC
March 27, 2018

Gwinnett man convicted of molesting girl he brought from El Salvador

A Gwinnett County man has pleaded guilty to abusing a young girl starting at age 11 after bringing her and her family to the U.S. from El Salvador, the district attorney’s office said.

Victor Calderon-Rivera, 40, of Norcross, pleaded guilty to three counts of child molestation on March 16. After a trial, a jury deliberated for several hours but was unable to reach a unanimous verdict. Calderon-Rivera entered his plea after the jury announced it could not come to a decision.

READ | Parents demand $10M from Gwinnett, claiming jail caused son’s death

Calderon-Rivera brought the victim, her younger sister and her mother to the U.S. in 2010, the DA’s office said. He watched the children while their mother worked. While the older sister was in bed, Calderon-Rivera got into her bed and sexually assaulted her, according to the Gwinnett DA’s office…. More here.

Insider Advantage Georgia

“This isn’t Nazi Germany”

March 26, 2018

D.A. King

Rep Heath Clark (second from left) at last week’s hearing on SB452. photo, DIS

With a Republican’s warning that “this is not Nazi Germany,” Senate Bill 452, a commonsense public safety bill aimed at the crime of illegal immigration and “sanctuary city” policies was gutted in the Georgia House last week.

The evisceration was carried out at the subcommittee level by the Vice Chairman of the House Public Safety and Homeland Security Committee, Republican state Rep. Heath Clark (Warner Robins), and should be glaring indicator of the necessity of careful vetting of “conservative” candidates for the General Assembly.

It also illustrates the need for live broadcast and video archives of subcommittee activity under the Gold Dome.

During consideration of the bill last week in full committee, in a large hearing room packed with the same people who scream in American streets against immigration enforcement, this writer watched in amazement as Clark proudly rattled off a list of very drastic anti-enforcement changes to the bill his subcommittee had made. As he spoke, I also watched as the anti-enforcement crowd nodded and exchanged happy looks of satisfaction at the results of their lobbying efforts.

For a sense of the room, the man sitting in front of me and next to communist Adelina Nicholls , leader of the anti-borders ‘Georgia Latino Alliance for Human Rights’ , was wearing a GLAHR t-shirt that read ‘DEFY, DEFEND, EXPAND.’

Clark began listing his changes by announcing that he had taken out the bill’s requirement for Georgia law enforcement to take any action authorized by state and federal law, including notifying prosecuting attorneys of a suspect’s illegal status, detaining a suspected illegal alien, transporting a suspect to any authorized federal or state detention facility, or even notifying federal immigration authorities that an illegal alien was in custody.

Wording that says police “may” do any of the above better suited Clark’s sensitivities.

“In section one we did change a ‘shall’ back to a ‘may’, there was some concerns within the business community with international companies, the CEO or somebody might be here with a foreign driver’s license and if they were pulled over for some reason, and they didn’t have their visa on them, you know most people don’t carry that around on them on a permanent basis because they don’t want to lose it because it’s a pain to get another one” Clark told the room.

“This isn’t Nazi Germany”

Then Clark offered insight into his world view on immigration enforcement: “This isn’t Nazi Germany; we are not asking people to carry their papers around on them at all times.”

The illegal aliens and their handlers in the room squirmed with smirking delight.

Later, in my own two-minutes to speak against Clark’s re-write, I read the pertinent part of long-standing (1940) federal immigration law for Clark:

“Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him…”

Clark never batted an eye at the legal reality – and the committee approved his dilution.

“Unintended consequences” of enforcement

Later, when a second effort to keep the stronger language was made, Clark warned that the requirement would have “unintended consequences”: “Just want the committee member to know about be aware, um, that there would be some unintended consequences, I get the reasoning but there would be some unintended consequences, um, regarding international businesses that we have a lot of in this state. When their CEO’s that are here, um, it would have some negative effects there, potentially. So unintended consequences, I understand the reasoning, but I think there’s some potential unintended consequences that we need to leave it as a “may”.

Here is a good place to remind readers again that SB 452 is about illegal aliens who are suspects in or convicted of other crimes. And that Georgia contains more illegal aliens than Arizona.

Clark – and eventually the majority of the committee – also weakened senate language that required a Georgia sentencing court to notify federal authorities if an illegal alien has been convicted of any crime in Georgia – felony, misdemeanor, or ordinance violation.

Clark and the committee decided that waiting until an illegal alien committed a felony was the way to go on notifying the feds.

A hero of the day was state Rep. Jesse Petrea who fought Clark on these changes and to reinstate language Petrea had added to the original bill to require the state Department of Corrections to make public a quarterly report tracking the number of non-citizens and separately, illegal aliens, in state custody so that Georgians can begin to get an idea of the cost of state non-citizen incarceration.

Over Clark’s objections, the committee put Petrea’s DOC reporting language back into the bill.

SB 452 is a centerpiece of Lt. Governor Casey Cagle’s gubernatorial campaign. Word around campus is that the senate will not agree to Clark’s watered down version of the bill. It will be quite instructive to see who wins on immigration enforcement in an election year in a GOP-ruled state.

We hope it is the citizens of Georgia.

Note, see a short video of Rep Clark’s presentation here . Video of the entire four-hour House hearing on SB452 here.    Original IAG article here.

D.A. King is president of the Georgia-based Dustin Inman Society

More on these anti-borders communists — here.

GLAHR t-shirt in a committee hearing on an immigration enforcement bill, SB452, March 20, 2018 photo: DIS

House Public Safety and Homeland Security Committee hearing on SB452, March 20, 2018. This is the end of a four-hour hearing. The question and motion here is taken from line 19 of the senate version of SB 452 here.

Chairman Alan Powell:            Questions on the motion, all in favor, say aye.

Group:                    Aye.

Chairman:            Opposed?

Speakers 3:            No!

Group:                    I don’t believe I need a show of hands on that, then. The ayes have that one. Any further amendments? Any other motions? No?

Rep Jesse Petrea:            I have another amendment, Mr. Chairman. On line 19, I move that we strike from the substitute, the word “may” and replace it with “shall”. At that one location.

Chairman:            We have a motion, do we have a second?

Speaker 5:            Second!

Chairman:            We have a motion and a second. Questions?

Mr. Clark?

Mr. Clark:              Just want the committee member to know about be aware, um, that there would be some unintended consequences, I get the reasoning but there would be some unintended consequences, um, regarding international businesses that we have a lot of in this state. When their CEO’s that are here, um, it would have some negative effects there, potentially. So unintended consequences, I understand the reasoning, but I think there’s some potential unintended consequences that we need to leave it as a “may”.

Chairman:            I have some other problems with that, I’m going to call our legislative counsel, there’s concerns about possibly constitutionality of that, if you would Julius, please-

Julius Tolbert, Legislative Cousul:  I guess here, if we, if you change the “may” to “shall” then you are statutorily requiring a police officer to detain someone, where constitutionally they have to have probable cause in order to do so. So, um, by putting a “shall” there, you likely will trigger a constitutional issue with that.

Chairman:            Thank you sir.

Senator:                Mr. Chairman?

Chairman:            Yes, sir.

Senator:                May I address the committee? There is a recent decision from the fifth circuit court of appeals in the city of El Cenizo, Texas vs. Texas, doesn’t have a citation, it just came out, March 13, this year, upholding mandatory reporting of, their law is similar in respects to this one.

Chairman:            Thank you Senator. All right we have before us a motion with some discussion is there any other discussion on this?

All right. Then all in favor, say aye.

Group:                    Aye.

Chairman:            Opposed?

Group:                    No.

Chairman:            Would ayes raise your hand?

One, two, three, four, five … opposed? And, it fails. All right, any further motions? Any further motions from any of the committee members? Any discussion, any comments? So before you, you have an amended version as a committee substitute.

All in favor say aye.

Group:                    Aye.

Chairman:            Opposed?

One Voice:           No.

Chairman:            Hm. I think the ayes clearly have that one. Thank you so much. Thank ya’ll for being in attendance. Senator, then this will be forwarded onto the House Rules Committee.

One Voice:           Thank you very much.

We are accustomed to Democrats doing this…

Federal law does require aliens over age 18 to carry proof of registration.

“Section 264(e) of INA requires every individual over the age of 18 to carry their “registration” documents with them at all times.   Specifically, section 264(e) reads:

e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d)

Video from March 20, 2018 House Public Safety and Homeland Security hearing on SB452. HERE.
Start at 17:00 and go to 21:30. Nazi remark at 18:03.

_____

Transcript below:

Speaker 1 (Committee Chairman, Rep Alan Powell):           ” Mr. Chairman, Mr. Clark.

Mr. Clark:              I’m gonna just talk about the latest substitute real quick, just to present that.

In section one we did change a ‘shall’ back to a ‘may’, there was some concerns within the business community with international companies, the CEO or somebody might be here with a foreign driver’s license and if they were pulled over for some reason, and they didn’t have their visa on them, you know most people don’t carry that around on them on a permanent basis because they don’t want to lose it because it’s a pain to get another one.

We wanted to allow for discretion… the police officers to maintain some discretion there, so we changed it back to a ‘may’-

Senator Stone:          What line is that on?

Mr. Clark:              That would be on line 19.

So allowing for, I mean, because this isn’t Nazi Germany; we are not asking people to carry their papers around on them at all times.

We kept that as a ‘may’.

We did take out the section with Representative Petrea’s database reporting on the Department of Correction’s website, that’s been removed.

Also, the previous section that would have prevented bail or… I don’t have it, let me look at that part real quick.

I think it was… yeah, the parole and bail, that was changed from a ‘may’ to a ‘shall’.

Ours takes out section one, the part that was passed by the Senate.

It was section four, lines 90 through 94; that’s been removed to just allow that to continue to be a ‘may’ instead of a ‘shall’.

Again, not wanting to prevent somebody from being… allowing the judges to have some discretion there as well, on potentially not detaining somebody that doesn’t need to be detained or paroled.

And then I’m trying to remember what… it’s changed a lot.

We did limit it back down to only felonies.

The part that passed the senate in section two, it dealt with felonies, misdemeanors, [or ordinances 00:02:52], violations; we paired that down back to felonies, just talking to people.

We do want to capture the bad guys.

The people who are a threat to our society, in our country, the ones that are committing felony acts… to be able to detain them, turn them over to ICE and have them sent back to their home country is something I think we can all agree on.

I think even talking to people while working on this, who are representing some of the people concerned with this, they were even on board with the felonies because it would be the ones that are a threat to society.

If you do capture them, it relieves the burden on our society.

Those are some of the changes that come to the top of my head, just trying to look through the comparison over the last… you’ve kept me busy over the last week and a half, working with people on the committee and people of interest that were concerned about this so…

Chairman:            Well, any common sense changes are appreciated.

Mr. Clark:              Yes, sir.

So, that’s pretty much the new substitute.

I think it’s trying to capture the heart of what was trying to be done in a way that still protects human rights and protects our society as well.

With that Mr Chairman, that’s- [crosstalk 00:04:31] that’s the substitute.

_______________

Chairman:            [inaudible 00:04:33] Mr. Petrea.

Rep Jesse Petrea recognized:          Yes sir, thank you, Mr. Chairman.

I first have a question and then I want to speak to my colleague here.

First, for the Senator; so, some of the changes that I’m just seeing as well for the first time, all of us, most of us… ultimately, you began by pointing out an issue we have that the current law is not being enforced, do we accomplish anything if we change those ‘shall’s to ‘may’s?

Senator:                The area of non-cooperation is with the local authorities.

Most authorities cooperate; [crosstalk 00:05:19] there are pockets that don’t, [crosstalk 00:05:23] so-called sanctuary jurisdictions.

I don’t know, is my answer to that.

I think the state of Georgia, our own authorities that are directly under supervision of the governor and legislature, I think we can give some latitude but it’s the non-cooperative local jurisdictions that if you change ‘may’ to ‘shall’, I mean ‘shall’ to ‘may’, may not solve the problem.

Now, limiting it to felonies might be less of a problem than changing ‘shall’ to ‘may’.

Mr. Petrea:          That makes sense to me as well; and I, like you, think our goal is felons.

So, my second point is to my colleague, here.

So the information that I passed out today and that I spoke to the Department of Corrections commissioner about…

Let me first just, for everyone here to be aware, I’ve spent several years over the last few years working on parole reform of legal citizens; and one of the things I’ve focused on is transparency, because I believe that everybody has a right to know who we’re letting out on parole.

We’re talking about legal citizens.

So, my interest in this bill was adding something to your bill that I thought was very important, and that was transparency.

So the information you alluded to that everybody here has before them, I want to mention a couple of things; so right now today, there are 193 child molesters who are offenders with ICE detainers in Georgia prisons.

Okay?

I want everybody here to hear that.

There are 134 murderers, okay, who are here on ICE detainers in Georgia prisons.

There are a 103 armed robberies, there are 100 aggravated assaults, there are 98 rapes, there are 65 aggravated child molestations, 61 kidnappings, 45 volunteer manslaughters, and here’s what I wanted to add… and here’s what I did add, and I’m gonna make an amendment to add back to this bill: not that anybody’s personal information is given, not anybody’s name, not ‘Joe Smith’, but that the public has a right to transparency.

The people have a right to know that the degree to which this issue impacts them and their public safety.

This information should be public knowledge; I’m able to get it as a legislator, but my constituents don’t have access to this information.

And the amendment that I had offered would require that this information, just these wrong numbers, the 1,360 of these felons that are in our state prison system… it has nothing to do with jails… nothing to do with our sheriffs, but that this information would be transparent to the people of Georgia.

Is that not correct, Senator?

Senator:                I can’t argue with that.

Rep. Petrea:          And so I want everybody here to be aware of what my colleague just spoke to try and remove from this bill, because I will offer an amendment to add it back.

Chairman:            Mr. Clark.

Mr. Clark:              I just want to make aware that the removing of that section came at the behest of the Sheriffs’ Association, so that wasn’t just me doing something willy-nilly; it was the request of some people.

I supported my colleague last year on a measure that when these people, these felons, who are illegally here served their time and are released back into the general population because the home country will not receive them… I supported his measure to have that kind of information shared with the public.

I don’t know if knowing this information is vital to public safety while they’re in prison and detained.

I mean, if you have 7,000 child molesters in prison and 193 of them are illegal, I think it’s more important to know that there are 7,000 child molesters in population and then once you release them back into population… if a felon is required, you know, they’ve served their time… we’re not gonna force somebody to stay in prison forever because that’s inhumane, I guess… and their home country won’t take them back, then I don’t have a problem with putting that information out to the general population because then I do think that that’s when it becomes a public safety matter.

I don’t think it matters while they’re in prison if there are 193 illegal child molesters or 7,000 child molesters in prison; that’s just my take on that.

That came on the behest of the Sheriffs’ Association because they feel like it would become a negative knock on them… people would question whether or not they’re doing what they’re supposed to do, if the people are in prison instead of being sent back home.

That was where that came from.

Mr. King – The cost of an electronic copy only of the transcript for the above-mentioned hearing, would be $259.95. If you would like a hard copy as well, the cost would be $277.95.

Since you do not have a credit history with us, we would require payment in advance, payable by either check or credit card.

If you have any questions or if we can be of additional assistance, please do not hesitate to contact us.

Thank you,

Kim Livingston
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Certified Court Reporters
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Georgia House Public Safety and Homeland Security Committee hearing on SB452, March 20, 2018. Clark is explaining what he did to the immigration enforcement senate bill in sub-committee.

Note: ALL subcommittee meetings under the Gold Dome should be broadcast and video archived. Note to Republican state legislators: Don’t be Heath Clark.

photo: DIS

Warning and advice to Republican Georgia lawmakers on immigration-related legislation: Educate yourself with real world facts, stop ignoring pro-enforcement experts while you allow the corporate-funded, leftist open borders lobby to indoctrinate you – and understand that honest journalism is dead. 

Below is a note from coastal Georgia resident and retired federal agent, Robert Trent sent to me after he read about Rep. Heath Clark and the House Public Safety Committee’s gutting of SB452 here. Rep Clark led the way to change language in SB452 so that local law enforcement information on illegal aliens apprehended in Georgia would not be passed on to other authorities until the illegals commit a felony.

He also made it clear the non-citizens should not be required to carry their aliens registration documents because they might lose them “and it is a pain” to replace them. He explained to a hearing room packed with the illegal alien lobby that he took this position because “this isn’t Nazi Germany.”   Video here.

Clark is a Republican.  All illegal aliens are deportable.

Federal law, since 1940 does require aliens over age 18 to carry proof of registration.

“Section 264(e) of INA requires every individual over the age of 18 to carry their “registration” documents with them at all times.   Specifically, section 264(e) reads:

e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d)

[where the government issues a “registration certificate” after each foreign national’s registration]. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.” Here.

After I read Bob’s note, I asked him to send me a short bio which I paste here. The fact is that most of the “facts” gathered by legislators on state immigration bills come from the dishonest but well-funded anti-borders leftists who have created a vast industry to influence Georgia lawmakers. I restate a point that has been made and times before: In a state with more illegal aliens than Arizona, most of our lawmakers know very little about immigration – that is to say no more than what the liberal AJC and other news outlets allow them to “know.”

Which leads me to a riddle: What do many state Republican politicians and the liberal media call a recognized authority on immigration who is an independent voter and who after fifteen years of active participation knows the game and what the press ignores hides under the Gold Dome?  Answer: “Enemy.”

The unsolicited note from former immigration agent Robert Trent:

“When I worked drug investigations in and around Washington, DC most of the alien drug dealers were El Salvadoran MS-13. Working jointly with local police and other federal law enforcement agencies, we would do hand to hand purchases of small amounts of cocaine, meth, and heroin. Later in the same day, or the next, I would be asked to ID the sellers.

Typically I would approach them individually, and begin a small talk conversation in a combination of Spanish and English. Because I was white and a middle-aged male, they typically believed I was some kind of cop. They almost never thought I was immigration, because they knew there were very few immigration agents policing the streets, and they were right (approx. 24 agents for all of northern VA , and DC).

I’d ask them where they were from, and most would say some nearby town in MD to VA. Then I’d ask what country they were from, and invariably most would say El Salvador.

Under the law, once alienage is established, it is incumbent on the alien to prove they are legally present in the U.S.. Meaning the ball is legally in their court.

This is the part where I would discreetly show them my credentials, and inform them that they had to show me a document that legally permitted them to be in the U.S.. Rarely would they produce any ID, although occasionally they would produce fake or stolen ID. Sometimes, depending on the circumstances, I would make an arrest right then and there on the possession of the documents. This gave me the opportunity to search their pockets, take them to the office for fingerprints, and further checks.

More often they wouldn’t produce anything, but would agree to take me to their residence, so they could show me their documents. These trips were invaluable, because it gave us the opportunity to get a look inside and out of their abode. This was great for future the execution of search/arrest warrants.

To motivate them to engage with me in this activity I would tell them about INA Section 264(e), and how it was a misdemeanor to not carry immigration documents.

When the public reads articles in the paper about massive drug sweeps, and multiple people being arrested, most have been identified through this activity. Major drug distribution cases are built very slowly in this manner.”

(Robert Trent)

We thank Bob for his input. We do not thank Rep Heath Clark and th members of the House Public Safety Committee who voted with the crazies against maximum protection for trusting Georgians from illegal aliens who commit any other crimes.