Rosemary Jenks's picture


  by  Rosemary Jenks
As Director of Government Relations for NumbersUSA, I am used to outrageous statements from Members of Congress. But I was truly shocked recently when I witnessed a federal judge commend an illegal-alien felon in federal court. A few weeks ago, I was in Federal court in the Eastern District of Virginia supporting a government whistleblower. While we were waiting for the judge to call the whistleblower’s case, we listened to a case that perfectly illustrates the failure of the Federal government to take our immigration laws seriously... The case involved an illegal alien from El Salvador who was first deported from the United States in 2005. The alien then reentered the United States illegally (a felony that, by itself, carries a penalty of fines, up to two years' imprisonment and a five-year ban on reentry) and was eventually arrested on a theft charge. He pled guilty to the charge (another felony) and was charged with reentry after removal and, once again, put into removal proceedings. By the time his case came before the federal judge in Virginia, he had spent a total of just over four months in detention. The judge explained the charges against the illegal alien and asked if he understood that he could face a lengthy prison term if he pled guilty. He said he understood. Then the judge asked if he had anything he wanted to say. Since the illegal alien spoke no English, his attorney explained that he had only come here to earn money to send home to his wife and children in El Salvador and he was pleading guilty in the hopes of being released quickly from detention so he could go back to providing for his family. To my surprise, the judge sentenced the illegal-alien felon to the four months that he had already served. Then, the judge commended him for all he had done (by breaking U.S. laws-both immigration and criminal) to support his family back in El Salvador! Very little shocks me after spending 20 years in Washington, but I have to admit that I am shocked at a federal judge who thinks it is commendable to violate U.S. law when it serves one's own economic needs. I would not, however, be shocked to learn that this particular illegal alien is already back in Virginia, perhaps even working at his former job. For him, as for millions of others, it is absolutely worth risking illegal entry to the United States (or illegally overstaying a visa) because even if you commit a crime, the U.S. court system will let you off and sing your praises while they do it. I have no doubt that that federal judge taught him a lesson he will live (here) by for a long time!
illegal workers

Updated: Tue, Sep 1st 2009 @ 8:02am EDT

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M 2510 of MA's picture
The judge lives in his/her ivory tower and probably never spent a day in the 'real world' looking for ordinary jobs to make a living. Feels empathy for the teeming masses of the world like the recent appointee to the SC. Not surprised at all.
Fred 7120 of OR's picture
It would be nice to know which judge did this unthinkable thing. I can think of a handful of LEGAL immigrants that would probably like to send him/her their thoughts about his comments.
Andrew 0478 of PA's picture
This is a disgrace. This judge should lose his job. Better yet, I hope this illegal breaks into this judge's house and see how much he will be commending him then.
NumbersUSA dmin of VA's picture
This judge makes a mockery of our court's legacies of actual social crusades and causes. One wonders what Daniel Webster, Thurgood Marshall, Louis Brandeis would conclude from this absurd travesty from justice being fashioned to help someone whose defense was: I want to provide for my family..... That exact provision costs us in ridiculously vague morality standards and this El Salvadorean defendant probably sees us as a weak cultural laughingstock for our leniency where no reasonable or just cause was actually merited. 20 years ago we permitted many El Salvadorean's refugee status due to their homeland strife. This is the thanks we get today.
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Albert 3441 of PA's picture
This anecdote is priceless and it is emblematic of the federal government’s approach to immigration law enforcement. The judge’s attitude helps to explain why illegal immigration has become such a serious and growing problem in the US. Suppose that the lawbreaker were a US citizen who stole a car. He tells the judge that auto theft is hard work and he only does it to support his family. The judge says that he admires the thief’s spirit of enterprise and responsibility and that he can go free and can keep the car as a reward. Would we have more problems with auto theft in that judge’s jurisdiction, or less? Laws that are not enforced are neither obeyed nor respected. How could a judge fail to understand that?
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David 0917 of MD's picture
I wonder if the name of this judge be published. I think we all should send a fax to this judge telling him that his action is outrageous and can not be tolerated. What a joke and sometimes I wonder how these judges get their job in the first place.
Julia 1183 of CA's picture
An Op-ed, or a letter to the editor in a Virginia newspaper would be a good idea. Tell the story about the judge and the message it sends....that even more illegal aliens will come to Virginia to take American jobs. Can Virginians afford fewer jobs?
Martin  1153 of WA's picture
An Excellent Example When I walk in to a courthouse to serve jury duty I squint. The courts aren't upholding the laws on a flat table. Its a clear double standard and it embarrasses me as an American. Legal Americans must obey all laws. Illegal Aliens and their Organised Crime employers only have to obey a portion of the laws.
Maurna 9236 of AZ's picture
The specifics of this case and the ruling s/b public record. NumbersUSA - would you please give the name of this judge?
John 9549 of MN's picture
If Judges don't respect the law, all we can look forward too is anarchy. Everybody needs to be judged by one standard. Here we have a different standard for immigrants. PC strikes against fairness and morality once again. What would our country be like if all the world's poor ignored our laws and flooded over the borders like this criminal? What if everybody ignored our laws which didn't suit them? We will find out the answers to those questions soon, because we feel guilty and the whole world knows our laws are just a farce. What about the other 5 billion people who have poor families? Are they all invited to break into the USA too? They will probably get a good citizenship award from our President or our Congress. It's insane.
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Cindy 3684 of CA's picture
This makes me sick to my stomach. I try so hard to teach my children to abide by the laws. If we did half what this illegal-alien did... we would be in federal prison. It is mind boggling that this government doesn't care. What happened to the USA that my father fought for in World War II. He was blinded for 40 days, had his LST blown up and he had to have a false knee cap and he was at D-Day in Normandy and Okinawa. If he were alive today... what would I tell him about this government. I know my eyes would be filled with tears and my heart heavy seeing the disappointment in his eyes!
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Gladys 4926 of TX's picture
I'm sorry for you it was your state who gave us that crazy woman who is now Speaker of the House and she is the one pushing so hard to open our borders and forget citizenship. Of course if the rest of California was smart they would kick San Francisco out of their state mabey even out of the US
Van 0864 of VA's picture
We apologize for not responding earlier here for Rosemary. She is on vacation. I suspect that Rosemary doesn't want to name the judge and start a deserved protest against him because he is handling her whistleblower's case.
John 1251 of CT's picture
The longer this behavior goes on without exposing these judges,the more our country is put in jeopardy.It's your duty to name this judge and the district he presides over""enough is enough."
Toby 3513 of TX's picture
I tried to sue an Illegal for expenses I incurred in an accident he caused. He had no driver license, no insurance, was stopped dead on a highway at a curve with no hazard lights on. I chastised him, in court, for not using public transportation as it is there for those who do not qualify for a license, or cannot afford the LUXURY of driving a vehicle. The judge responded (to me) that lots of people drive without a license and insurance. What? So that makes it OK? I had hoped that by bringing up certain points, the judge would at least reprimand the Illegal, even if I lost the case. What a farce. No wonder the Illegal was so kicked back in the court room awaiting our turn. They know nothing is going to be done about anything they do. The idiot has been here long enough to have two children and a mortgage yet didn't speak English and admitted he was here on a visa. What kind of visa lasts longer than 6 months and allows you to drive with no experience?
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Ron 0159 of NY's picture
There's some really great citizens out there in Arizona, especially the anti-amnesty grouping on AZCentral,and I know they're going to continue to fight Nappy & Solis who are doing their best to replace Legal American workers with illegal aliens. However, in all fairness, we must exercise a little patience, until the court case is concluded. Would you want both Rosemary & her whistleblower to get life without the possibility of parole? (It is said that a judge is "god" in his/her courtroom!) Stranger things have happened. Remember the case of the hero border agents condemned by the U.S. Court System for doing their jobs? Remember how the scum illegal alien criminal was mollycoddled & continued in his nefarious ways with the blessing of the powers-that-be? Please be a bit patient. People like this anti-American judge will come to rue the day! Remember the elections!
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Jennifer 5184 of VA's picture
I live in VA. There are so many illegal aliens here, that most of my construction related clients are going out of business. Many are bankrupt and now without a home. these folks hired an average of 5 workers. Just my little accounting practice has seen over 100 jobs disappear. Meanwhile, my neighbors are 5 families from el salvador in one house. They are all working. My husband and sons cannot find good jobs...actually they are having a hard time finding anything at all. Living within 50 miles of DC, most of my acquaintances seem to be working for the federal govt. Many would prefer to work locally, but those jobs go to illegals first. they are willing to take less pay, don't concern themselves with cleanliness of cooking areas as much(so they save the employer money). I even saw one of my sons fired becasue he couldn't speak spanish. WHY? The saddest part is, if my son had been brought to trial for the same issues, he would have spent a much longer timein jail. He also has children to support, where are his kudos? For that matter, where is his job?
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Yvette 9984 of CA's picture
we allow our government to do this. WHY? Do we have special interest in Washington for the American people? Illegal's do.
Rosemary 198 of VA's picture
For those who are interested in the name of the Judge who commended an illegal alien for breaking our laws to support his family, the judge's name is Liam O'Grady.
Joseph 7681 of CA's picture
The country seems to want to get rid of this illegal imkigrant problem. The employers seem to be gettiong away from not being penalized for hitring them. The country also seesm to reinstate Democrat inept congressman and presidents? Go figure! I mean this immgration poliy or legal system we have that is completly overwelmed by illegals seems to be the second biggest problem of making these lawless people pay for there crimes. When the judge was told he was here just to send money to his family! Well he still broke the law! When will we learn if we keep these people out then their countries will have to find a way to make jobs or buiild their own economies to give their people jobs or condoms! Something To reduce their populations ovewhelming the worlds economies with thier vast over populatio of South America and much of the Western Hemisphere!
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Peter 7513 of CA's picture
and justice is truly blind,and deaf and dumb,and corrupted,this country is run by morons,why not just give this person a gun and let him earn more money,that judge should be disbared and put in prison for breaking the laws of this nation.
Brent 4005 of TX's picture
If only I could be appointed to the bench as an immigration judge. I would impose my own mandatory minimums for illegal immigration, seizure of all illegal alien assets, and fines that would make Mark Cuban cringe. Please, someone tell me how to get an immigration judge job????