Toddler’s brutal beating prompts call to withhold bail from illegal immigrants

Remember, San Francisco believes their “long-standing (sanctuary city) policy improves public safety and embraces immigrants.”

Criminal illegal aliens Chavez (l) and Vasquez (r)

Criminal illegal aliens Chavez (l) and Vasquez (r)

Fox News: When Francisco Javier Chavez posted bail on charges of beating a California toddler within an inch of her life in late July, there was little reason to expect the illegal immigrant, who has spent much of his adult life hopping back and forth across the Mexican border, would return to face justice.

Two weeks later, at his scheduled arraignment on Aug. 13, Chavez was a no-show. The 27-year-old career criminal had put up $10,000, or 10 percent of the amount set for his alleged crimes by California’s bail schedule. His disappearance is hardly a surprise to critics who believe violent illegal immigrants are, by definition, flight risks who should be denied bail in such serious cases. They say judges, especially in border states plagued by illegal immigrant crime, are naive or worse if they expect suspects who regularly cross in and out of Mexico to take the U.S. justice system seriously.

“Frankly, judges grant bail in cases like these because they are being foolish,” said Hans A. von Spakovsky, a former Justice Department lawyer now at The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies. “The judge can consider bail for you when you are charged with a crime, but does not have to let you out on bail. If the state can show you are a flight risk, you should not get bail. If the state can show you are a danger to the public because of a history of violence, you should not get bail.

While Chavez is in the wind, his alleged victim, the 2-year-old daughter of his live-in girlfriend, is now in foster care, paralyzed from the beating that also left her with both arms and a femur broken. Well before he was arrested in San Luis Obispo County for attacking the child, Chavez had compiled a lengthy criminal record that includes assault and drug convictions and arrests for violent acts such as kidnapping, car-jacking and cruelty to a child. He was deported in February 2014, but as in previous instances, found it easy to sneak back across the border and into the U.S.

Jonathan Montez: Killed by an illegal alien.

Jonathan Montez: Killed by an illegal alien.

Weeks after Chavez slipped out of custody, on Sept. 1, another 2-year-old toddler named Jonathan Montez was run down and killed in San Bernardino County. Illegal immigrant Jose Enrique Vasquez, 53, an unlicensed driver who witnesses said was speeding down the child’s residential street, fled the scene, according to authorities. He was arrested two weeks later, and, like Chavez, was granted bail.

Vasquez also has compiled a lengthy criminal record under various aliases, including charges of spousal abuse, battery of a peace officer, driving without a license, driving under the influence and armed robbery. But other charges in his criminal record might have given a judge pause in considering bail according to critics, including failure to appear in court, possession of false citizenship documents and eight deportations for illegally entering the country.

The systems for granting bail in state courts varies from state to state. California’s bail system lays out prescribed amounts for various crimes as a guideline for law enforcement and judges, but judges retain discretion to raise the amount in cases where the suspect is a flight risk or a danger to the public and the district attorney can add, drop or change the charges. Two states, Alabama and Missouri, have passed laws that preclude bail for illegal immigrants suspected of serious crimes, while judges in other states — notably Texas — weigh illegal status in making their decisions. But last year, the 9th Circuit Court of Appeals ruled that Arizona’s 2006 law banning bail for illegal immigrant suspects violated their right to due process and amounted to punishment before trial. The 11-member panel’s decision called the law a “scattered attempt” to deal with the problem of chronic bail-skipping by illegal immigrants. Earlier this year, the U.S. Supreme Court declined to consider the lower court’s decision.

Judges everywhere maintain discretion to deny bail to anyone they believe is likely to flee justice, yet they often fail to consider illegal status as a factor, said Jessica Vaughan, director of policy studies for the Center for Immigration Studies. And critics say it should be obvious that someone here illegally and suspected of a violent crime will bolt rather than face justice, especially in border states such as California, where they can be out of the country an hour after posting bail.

“Aliens who commit acts of violence should not be released on bail, because they are clearly a danger to the public, and when we have someone with this kind of deportation history, clearly they are an obvious flight risk,” said von Spakovsky. “These judges are making mistakes granting bail to illegal aliens – reckless mistakes that endangered the public.”

The willingness of judges to grant bail to illegal immigrants charged with serious crimes compounds the ongoing controversy involving so-called sanctuary cities. Such jurisdictions, either by local statute or practice, refuse to inform federal Immigration and Customs Enforcement agents when an illegal immigrant is detained.

But even jurisdictions that do not implement sanctuary policies believe that two federal court rulings, the 2013 California “Trust Act,” which limits “cruel and costly immigration hold requests in local jails,” and an ambiguous White House policy all bar them from holding illegal immigrants who have posted bail until federal authorities can collect and deport them – even if ICE asks them to via what is known as a “detainer request.”

The American Civil Liberties Union has sued jurisdictions that attempted to honor the ICE detainers, and the Department of Justice has not intervened in the cases to underscore its support of them. As a result, local law enforcement agencies say they have no choice but to let even violent illegal immigrant suspects walk once they are granted bail.

“Yes, the judges who ignore this risk are at fault, but Congress provided ICE with a tool to address the problem — detainers — which the Obama administration is not allowing its officers to use,” Vaughan said.

obama-finger

In the cases of both Chavez and Vasquez, ICE issued detainer requests. In Chavez’s case, ICE agents did not arrive prior to bail being posted. In the case of Vasquez, ICE isn’t immediately taking custody or deporting Vasquez, so that he remains in the U.S. at least resolving the legal proceedings surrounding the hit-and-run charge.

Don's son Drew

Don’s son Drew

Don Rosenberg, who, after his 25-year-old son Drew was killed by an unlicensed immigrant driver in San Francisco five years ago, began closely tracking illegal immigrant crime, said the biggest problem he sees is “people in power don’t care.” He blames judges for granting bail, but also holds law enforcement accountable for caving in to the threat of lawsuits.

“How can anyone who in law enforcement let people like this out of custody who we know will likely hurt someone badly, if not kill them, even if they are threatened with a lawsuit?” Rosenberg said. “It’s pure callous indifference. I don’t know how they live with themselves.”

DCG

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11 responses to “Toddler’s brutal beating prompts call to withhold bail from illegal immigrants

  1. Does anybody remember the movie ” The Star Chamber ” ? ……….Might not be a bad idea with this trash .

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  2. The pro-criminal squish bags in Sacramento (they have a (D) after their name) have caused this situation. They have created a revolving door justice system that puts criminals back on the streets before they serve their sentence!

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  3. Thanks for keeping us informed, DCG.

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  4. Pandering the country’s sovereignty for votes is the most egregious of all the despicable things Obama has done as “president.” This is what he hopes will keep the Democrats in power in perpetuity, much as LBJ envisioned the Civil Rights Act of 1964 would “keep n*ggers voting Democrat for the next 200 years.” Being “progressive” means never having to consider ethics.

    Liked by 1 person

    • Pandering the country’s sovereignty for votes is the most egregious of all the despicable things Obama has done as “president.” This is what he hopes will keep the Democrats in power in perpetuity

      That’s the only thing that makes sense of Obama’s open borders and the Democrats’ permissiveness with illegal criminals. Of course, they have a lot of help from the Republicans as well. What the GOP can gain, electorally, from illegals mystifies me. Must be terminal stupidity.

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      • I guess we have to call all these illegals terminally stupid too. One would think that if an immigrant, legal or otherwise is here for a better life, that they wouldn’t want the scum from their home country following them to help degrade their new home.

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      • Obama’s game plan, as I see it, is to completely eradicate the Republican Party. This is why he is so openly partisan, taunting the Republicans and refusing to give their positions on the issues an open and fair hearing. In Chicago, the GOP technically exists. But it has no real power, and never will. This concept pervades every fiber of Zero’s thinking. His intent is to make it virtually impossible for Republicans to participate in the legislative process. RINO Republicans are complicit in this thinking. The Tea Partiers and Libertarians now occupy what used to be the right wing of political thought in this country (check out, for example, the Republican Party platform for the 1956 presidential election). The absolute and universal vilification of its members by both mainstream Democrats and Republicans shows how far the country has moved to the left.

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  5. How they live with themselves? Easy. Liberals are morally bankrupt. As long as they feel good, everything’s peachy. Screw anyone or anything else.

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  6. notice you never hear about murder, abuse, and rape of the families of the corrupt politicians who allow these illegals to be here…that’s because their wealth separates them from these hell holes they have created for us.
    It does not happen to them.
    Our representative government only represents the wealthy (bankers, politicians, corporations)….
    We are mere fodder who are told we have the “right” to vote for the politician they choose even though, ultimately, it is decided by an electoral college. Is it really “choice” when your vote is over-ridden by an electoral college and no matter whom is chosen the wealthy are represented?
    The situation going on in the EU with muslims is the similar situation that has been going on in the US with mexico since the 60s. Our country has been flooded and culture drowned due to weak and unenforced (or really ignored) “immigration” and “diversity” policies (seems to be a code word for getting rid of whites….white Christians to be exact).
    I don’t believe it’s a coincidence that drug terrorists from mexico have terrorized people and degraded their lifestyles and caused them to flee north for sanctuary and then in the EU with isis trailing it is repeated with the same play but different characters….refugees are being terrorized and forced to flee north for sanctuary. The end result in both cases is that the culture, population, borders, and language as they had been known are wiped out. Additionally, the population for europeans is dwindling because they are not reproducing enough to maintain their culture and population…the same in the US.
    So, dwindling reproduction (whether its homosexuality, abortion, birth control, or just lack of interest…the result is the same) and flooded immigration has changed the EU as it has changed America. The refugees, immigrants, illegals move north and change the face of the population and all the citizens can do is either leave or brace for change because those they elected do not represent them and don’t serve their interests.

    Liked by 1 person

  7. Reblogged this on Lost Dudeist Astrology.

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  8. We can and must blame Obama and the Democrats for this. But we must also blame George W. Bush and the RINO’s, also, for this reason: Politicians from BOTH parties are corporate spokesmen, and corporations WANT cheap immigrant labor up here. The “smart money” used to be on China; Now it’s on cheap immigrant labor.
    Let’s always remember George Carlin’s famous rant: “They don’t care about you! THEY DON’T CARE ABOUT YOU!!! AT ALL!! AT ALL!!! AT ALL!!!”
    We have the information. All we need to do now is mobilize. Where is that organization that can study the tactics of the Left and give them a dose of their own medicine?

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