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NEWS of the Day - August 13, 2011
on some NAACC / LACP issues of interest

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NEWS of the Day - August 13, 2011
on some issues of interest to the community policing and neighborhood activist across the country

EDITOR'S NOTE: The following group of articles from local newspapers and other sources constitutes but a small percentage of the information available to the community policing and neighborhood activist public. It is by no means meant to cover every possible issue of interest, nor is it meant to convey any particular point of view ...

We present this simply as a convenience to our readership ...

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From Los Angeles Times

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Homeland Security sued over immigrant detention

The National Immigrant Justice Center in Chicago files a class-action suit against the use of immigration detainers, requests for local police to hold immigrants while their status is investigated.

by Andrew Seidman, Washington Bureau

August 12, 2011

Reporting from Washington

A Chicago group has filed a class-action lawsuit in federal court against the Department of Homeland Security, charging that its practice of asking local police to detain immigrants when there's no evidence of illegal activity is unconstitutional.

At issue is the use of an immigration detainer, a key component of Homeland Security's Secure Communities program. It is a request from the department's Immigration and Customs Enforcement to another law enforcement agency to hold people so that ICE can investigate their immigration status and potentially take over custody.

"What the lawsuit alleges is that in the vast majority of cases with individuals who have detainers lodged against them, basically ICE says to the locals, 'We are instructing you to detain [an individual] after [your] authority has expired because we have initiated an investigation,'" said Mark Fleming, litigation coordinator for the National Immigrant Justice Center, the group that filed the lawsuit.

The lawsuit contends that people are being held without probable cause, violating the 4th Amendment right against unreasonable searches and seizures.

Homeland Security spokesman Matthew Chandler said the department does not comment on pending litigation.

The lawsuit alleges that ICE's practice also violates the 5th Amendment guarantee of due process of law because individuals are not provided with the detainer form. This complicates their ability to get out on bail or to negotiate a plea bargain, Fleming said. Moreover, ICE does not give people an opportunity to challenge their prolonged detention, the lawsuit claims.

The Secure Communities program, under which local law enforcement agencies share fingerprints with U.S. immigration authorities, has come under increasing scrutiny for its controversial practices. Its goal is to identify and deport convicted felons in the country illegally.

The program has been criticized for catching minor offenders and deterring immigrants from reporting crimes for fear of being detained.

Jose Jimenez Moreno, one of the lead plaintiffs in the lawsuit, was initially arrested on a drug charge but is a U.S. citizen who cannot be deported, bringing into question ICE's stated goals, the suit says.

Some states have indicated they would like to opt out of Secure Communities, but the Obama administration said last week it did not believe it needed state approval to continue using the program. It's used in 70% of law enforcement jurisdictions and has helped deport more than 77,000 immigrants convicted of crimes.

"The Secure Communities program is a catastrophe," said Chris Newman, legal director of the National Day Laborer Organizing Network. "It has entangled local police … to the detriment of civil rights. Frankly, it has been leading to the 'Arizonafication' of the country."

http://www.latimes.com/news/nationworld/nation/la-na-immigration-suit-20110813,0,5098151,print.story

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Hate crimes against Latinos up 50% in California

The number of hate crimes reported in California held steady in 2010, although such violence against Latinos increased nearly 50%, according to a report issued this week by the state attorney general's office.

In 2010, 1,107 hate crimes were reported throughout the state, compared with 1,100 in 2009. There were 119 hate crimes against Latinos reported to authorities, compared with 81 the year before.

In comparison, hate crimes against Jews, gays and lesbians and African Americans all dropped in 2010, according to the report, which was put together using data collection methods developed by the state Department of Justice and law enforcement agencies in all 58 counties.

“A crime that is motivated by hate is a crime against all people,” said Atty. Gen. Kamala D. Harris in a written statement on the release of “Hate Crime in California 2010.” “We will monitor and prosecute these cases to the fullest extent of the law.”

http://latimesblogs.latimes.com/lanow/

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From Google News

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Casey Anthony told to return to Florida for probation

by Barbara Liston

ORLANDO, Fla

Aug 12, 2011

ORLANDO, Fla (Reuters) - A Florida judge on Friday ordered Casey Anthony, the young mother acquitted of murdering her toddler, to report for probation by August 26 on a 2010 check fraud conviction.

Judge Belvin Perry rejected claims by Anthony's lawyers that she had already served her probation while in jail awaiting trial on a charge of murder connected to the 2008 death of her 2-year-old daughter Caylee.

The 25-year-old mother dropped out of sight in July after she left jail with no restrictions on her freedom after being acquitted of murder in nationally televised trial.

In his order, Perry took note of a widely reported celebrity poll in which Anthony overwhelmingly was found to be the most hated American, and authorized Florida corrections officials to keep Anthony's home address a secret.

"This Court is very mindful that it is a high probability that there are many that would like to see physical harm visited upon the Defendant," Perry wrote.

The judge who had accepted Anthony's guilty pleas in the 2010 check fraud case, Stan Strickland, had stated in open court at the time that Anthony was to serve a year of probation after her release from jail.

His intent that probation begin after her release, however, was not written into the final order. Strickland filed a clarified version on August 1, following her July 17 release. Anthony's lawyers responded with an emergency motion to quash that order.

In Friday's decision, Perry wrote that Anthony's lead defense lawyer, Jose Baez, knew that confusion had led the Florida Department of Corrections to allow Anthony to serve her probation while in jail awaiting her murder trial.

Defense lawyers claimed in court they were not obligated to speak up about the probation confusion. But Perry said lawyers have a "duty of candor," and are responsible for ensuring that court orders are followed. Perry concluded that he would not allow Anthony to benefit from the situation.

"It is very clear (Anthony) and her attorney knew she was to start her probation upon release from the Orange County Jail. Despite this fact, they took advantage of a scrivener's error which started the probation while she was being held in the jail pending trial," Perry said.

"The defense should not be able to claim that they are now harmed by having (Anthony) serve probation at this time," he wrote.

A person who declined to identify himself at Baez's law firm said the firm had no comment.

http://www.reuters.com/article/2011/08/12/us-crime-anthony-idUSTRE77B5K320110812

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From the Department of Homeland Security

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How DHS is Countering Violent Extremism

by Secretary Napolitano

For the past several years, DHS and our partners have worked to develop and strengthen a homeland security ”enterprise” to reduce risks, protect our nation, and respond effectively to a terrorist attack or a natural disaster. This effort is based on the simple but powerful premise that our homeland security begins with hometown security .

In other words, we are all stakeholders in the effort to keep our families and communities, our businesses, our social networks, and our places of meeting and worship, secure and resilient. Together, we're building a strong foundation to protect communities from terrorism and other threats, while safeguarding the fundamental rights of all Americans.

Today's threats are rapidly evolving, and they require our vigilance, as well as our willingness to learn and adapt. We know that terrorist groups inspired by al Qaeda's ideology are seeking to inspire and recruit Westerners to carry out attacks with little or no warning. Indeed, one of the most striking aspects of today's threat picture is that plots to attack America increasingly involve American residents and citizens.

But we also know that violent extremism isn't constrained by international borders, or by any single ideology. Research and experience shows that religion, ethnicity, and cultural background do not explain why a small few choose to take their radical beliefs down a violent path. Because there is no single profile of a would-be terrorist, we therefore don't have the luxury of focusing our efforts on any particular group.

That is why over the past eighteen months, DHS has been working with a broad range of partners to gain a better understanding of the behaviors, tactics , and other indicators that could point to terrorist activity. And we're sharing what we know about the best ways to mitigate or prevent that activity.

Our approach to countering violent extremism emphasizes the strength of local communitie s. We begin with the premise that well-informed and -equipped families, communities, and local institutions represent the best defense against terrorist ideologies and violent extremists.

And while our primary purpose is to prevent a terrorist attack by individuals recruited by violent extremists, or inspired by an extremist ideology, we also support strong and resilient communities as important ends in themselves.

A new Fact Sheet we are releasing today outlines our three main objectives:
  1. Support and coordinate efforts to better understand the phenomenon of violent extremism, including assessing the threat it poses to the Nation as a whole and within specific communities;

  2. Bolster efforts to catalyze and support non-governmental, community-based programs, and strengthen relationships with communities that may be targeted for recruitment by violent extremists; and

  3. Disrupt and deter recruitment or individual mobilization through support for local law enforcement programs, including information-driven, community-oriented policing efforts that for decades have proven effective in preventing violent crime.
To implement this approach, DHS is working closely with our federal and international partners, as well as our many partners at the community, state, local, and tribal level across the country. We are an important partner in supporting the National Strategy on Empowering Local Partners to Prevent Violent Extremism, which President Obama released last week.

America has a long history of communities playing an active role in their own security. Today, hometowns across the country are working together, building a strong foundation for a secure and resilient homeland.

Protecting the nation is a shared responsibility and we all have a role to play.

http://blog.dhs.gov/2011/08/how-dhs-is-countering-violent-extremism.html

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Protect Your Kids from Cyber Predators

by the Stop. Think. Connect. Campaign

Cyber predators are real. They use the anonymity of the Internet to target victims, especially today's youth, with unwanted solicitations, harassment, and fraud. It's important that parents discuss ways to stay safe online with their children, particularly before they use social networking sites.

US-CERT offers the following tips for parents to help ensure their children stay safe online:
  • Monitor computer activity – Keep your computer in an open area and be aware of what your children are doing, including who they're talking to and what websites they're visiting.

  • Inform children of online risks - Discuss appropriate Internet behavior that is suitable for the child's age, knowledge, and maturity. Talk to children about the dangers and risks of the Internet so that they recognize suspicious activity and secure their personal information.

  • Keep lines of communication open - Let your children know that they can approach you with any questions or concerns about behaviors or problems they may have encountered on the Internet.
Stop. Think. Connect. Protect yourself and help keep the web a safer place for everyone. For more information on Stop.Think.Connect., please visit

www.dhs.gov/stopthinkconnect. http://blog.dhs.gov/2011/08/protect-your-kids-from-cyber-predators.html
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