Garry's Law advances in NC to force sheriffs' ICE cooperation (04-30-2025--Hour2)

What's going on? Thank you so much for listening to this podcast. It is heard live every day from noon to three on WBT Radio in Charlotte. And if you want exclusive content like invitations to events, the weekly live stream, my daily show prep with all the links, become a patron, go to dpetecleanershow dot com. Make sure you hit the subscribe button. Get every episode for free right to your smartphone or tablet. And again, thank you so much for your support. Last hour I explained why Gary mcfatten, the sheriff of Mecklenburg County, is no different than the judge. Hang on a second, hang on, get her name? What is her name? I know it's. Dugan, Sarah Hannah Hannah Dugan up in Milwaukee. How she helped an illegal criminal alien escape out of her courtroom. McFadden is doing the same thing. He's just doing it via policy, and he's doing it on a larger scale, no difference. The practical effect is the same. And so the North Carolina Legislature is trying to once again close a loophole that McFadden and about four other sheriffs across the state are exploiting, are abusing in the law. So they can continue to not cooperate with ICE and so they can continue to help illegal criminal aliens avoid deportation. The bill is House Bill three eighteen, and it passed the House yesterday. After passage, the House Republican Press account took to the Twitter machine or the X machine, if you will, and took aim at Democrats opposition to the bill, saying, quote, based on today's debate on the Criminal Illegal Alien Enforcement Act, it's clear Democrats have not learned any lessons from the twenty twenty four election. The CAN people have spoken clearly, if you are an illegal alien and you commit crimes, you gotta go. The House Republican Caucus also sent out a tweet calling out specific Democrats and offering to pay for them to fly to El Salvador to meet MS thirteen gang members. If you would like to go down, they will pay your plane ride, which I don't know if they I don't know if they will now because there was a scoop over at the bulwark that Hakim Jeffries, the House Minority Leader up in DC, the US House Democrat Leader Hakim Jeffries has apparently told his caucus all his fellow Democrats no more trips to El Salvador, which is so weird because I thought it was such a brilliant photo op. It was such a brave and heroic thing. Why would you tell them to stop doing the brave and heroic thing, Hakim? What's up with that? Oh? Maybe it actually doesn't actually look good to voters to see Democrats flying down to El Salvador to do photo opsipping margaritas with an MS thirteen gang member. Maybe that's not the right play here, guys. I mean, I'm not saying that you don't still agree that all the MS thirteen gangbangers should be in the country illegally and never deported. You still believe that. Let's just keep that under wraps though. We don't need to advertise this sort of thing. So I said in the last hour that I had audio clips, and I do that was not a line. I have audio clips of some of the arguments that were made by Democrats and Republicans. But the Democrats were arguing against this bill, for example, Marsha Moury, Democrat from Durham. This woman was a judge. Just keep this in mind when you hear her make these arguments. This woman was a judge. She said, this bill is not about safety, not about public safety. She says, it's really about do you want to know due process? That's right, it's about due process. And this new legislation expands the types of felonies beyond just the violent ones, and she's got a problem with that. So we're not really talking about safety here. If you have a gift card that you're trying to pass illegally at a department store after Christmas, that's a felony and that could be covered by this. It's not a violent crime. So we're expanding it. We're expanding it to a one misdemeanors as we just amended it. The problem is there are legal issues to do process. A warrant is not a detainer in the eyes of a law. A detainer is not an official document signed by a judge. It is a detainer request by ice. And I know we've gone over this many times. A a person in jail has not been convicted, they have been charged with a crime. There is a due process right of innocence until you're proven guilty. If you are in jail, you are right to do process of bail. It is in our constitution and what HB. Ten did, and what we are doing today is saying, if you make bail or if you have served your sentence, if there is a suspicion you are not a resident, we will hold you for forty eight extra No. No, not a resident, a citizen. You're not supposed to be in the country in the first place. What is her argument? What is the underlying assumption here that anybody that comes in gets to stay even if they get arrested for something, even if then she wants quote due process, because they're innocent until proven guilty. So we know they're in the country illegally. They can tell that because they come in, they get identified and they figure out, oh, you're not a citizen. We have fingerprints, right, Sometimes they offer up their real identity. If they don't and they're in some system a global fingerprinting, you know, identification system, then we figure that out and it's like, oh, okay, they're not supposed to be here and they were picked up on this charge. So what you're demanding that they only get deported if they get convicted of that crime. Is that what you're saying, because that's what it sounds like she's saying. Hours and today we are redefining what those forty eight hours means. No longer is it when the ICE attainer is issued. Now it is when the person is ready to be released, the forty eight hours will begin. And then this bill says, not only will it be forty eight hours when they're ready to be released, it will be another two hours for the official at the jail to call ICE and say, in two hours the person will be released. Are we going to get something from you to halt and deport them? Right? So, here's a question. If this is a due process problem for the non violent felonies, wouldn't it also be a due process problem for the violent felonies as well. There's no daylight between this argument and one that says anybody that's ever arrested, any illegal alien that's arrested for any crime, can ever be handed off to ICE. There's no daylight. The severity of the charge is irrelevant. If you're making a due process argument. The severity of the charge does not matter. The only thing that matters is the due process right. She called it an attack on undocumented people in the state, an attack. You've already ended up in jail. You cross the border illegally, you did something that got you, that got the cops called on you. They found probable cause that you committed some sort of a crime. They then process you into the jail. They find out you are not here legally, and they contact ICE. ICE, then, by the way, has the opportunity to say we're not going to pick them up, and they do that. By the way, ICE does that. ICE sometimes they issue the detainer and then they never come and get them. Sometimes they don't even issue the detainer for illegal aliens. So this isn't like the CMBD is running around arresting everybody that they can just for the way they look or the car they drive it they speak a to different language. That's not happening. But this is what the Democrats need you to believe is happening, so you will oppose any effort to clamp down on illegal immigration. And again, all of this works only if you have a secure US border, which we now have something that resembles it, once again proving that it was a lack of will to close the border. It was a lack of will to get control of the border. It wasn't the lack of a law. It was a choice. All right, if you're listening to this show. You know I try to keep up with all sorts of current events, and I know you do too, And you've probably heard me say get your news from multiple sources. Why Well, because it's how you detect media bias, which is why I've been so impressed with ground News. It's an app, and it's a website, and it combines news from around the world in one place, so you can compare coverage and verify information. You could check it out at check dot ground, dot news slash pete. I put the link in the podcast description too. I started using ground News a few months ago and more recently chose to work with them as an affiliate because it lets me see clearly how stories get covered and by whom. The blind spot feature shows you which stories get ignored by the left and the right. See for yourself. Check dot ground, dot news slash pete. Subscribe through that link and you'll get fifteen percent off any subscription. I use the Vantage plan to get unlimited access to every feature. Your subscription then not only helps my podcast, but it also supports ground News as they make the media landscape more transparent. Let's head over to the phone lines and chat with Ray, Hello, Ray, Welcome to the show. Hello fat How are you doing? I'm doing well, sir, How are you pretty good? H Every time I hear about I'm reminded of people like from Gary McFadden all the way up to Joe Biden and all the incoonfidence in between, and people that don't do the right thing. I'm reminded that they are a product of the of the uninformed or ignorant voters or both. And I'm also reminded of that when I when I watch a news story on TV about another shooting in Charlotte, the people get on there that are the loved ones of the person that was killed and say, why does this happen? Why can't we stop this? And you know, I'm just thinking to myself, they they want all this killing to stop, but yet on election day there, I guess they're too uninformed to go down there and figure out who to vote in to make these things stop. Well, they're they're usually afraid of Republicans, right, that's fearselves and Democrats have been selling fear to their voters for a very very long time, whether it's throwing Grandma off a cliff or they're going to take all of your Medicaid, Medicare, social security benefits, whatever. They're going to fire you, all of these types of air. They're going to take control of your body. They're going to be inspecting your your genitalia. All of these things are done specifically to motivate people based off of fear, and so voters, once they buy into the fear, then yeah, they go in there and they think, well, the other team is worse, so I'm going to keep voting for this team and maybe they'll maybe now they'll listen to me. Oh, they said the right things on the campaign trail, but yeah, nothing changes. But then again, when it comes to the violence part of your statement, that's not something really that can be corrected by by government. That starts at the personal and family level, right, Like, those are things that you have to inculcate that inside the family unit. And you know, a lot of times they are looking for people to solve a problem that they themselves should have solved or should have helped to ameliorate in the first place. Right. Yeah, Yeah, that's it's just terrible that people have to you know, keep seeing their son keeled and then they just you know, organize the march with signs and march around then in the streets and say stop the killing, stop the killing, and it just keeps on going on. Yeah, right, And again I've said this about many things, but this does not stop until people choose for it to stop. And that would require people to make a different decision. And I think we see what happens. Like look with Donald Trump and and you know, closing the border. He promised that this is what he would do. He made it very clear in the campaign that he was going to close the border and he was going to do mass deportations, and people voted for him, so like nobody should be surprised by what he's doing. But also the public attitude has shifted on this issue, so it can happen, but people have to arrive at a different position. They have to kind of see the error of their previous belief. So yeah, yeah, right, all right, I appreciate it. Good to hear from you, sir. Here's a message from uh Gigi who says, listening about the detainers and does Gary not my fault? McFadden answer to the county commissioners, Uh, he does not, really, he answers to the voters. He gets funding from the County Commission, and so they can squeeze him on the funding front. But no, he answers to the voters. If not, who is his boss? He is the boss he is. It is an elected office. He is his own boss. We are the boss of him, the citizens of Meckleberg County. Now that's not to say that there aren't things that can be done to fire him besides defeating him at the ballot box. I've gone over this before, but this is the general Statute sixteen Officers subject to removal. Any sheriff or police officer shall be removed from office by the Judge of the Superior Court upon charges made in writing. So you have to you've got to, you know, write up charges, file them with the county attorney or the district attorney, and then the judge of the Superior Court would here and I assume that means chief judge, but maybe any judge I don't know, would then hear the case and could remove that share for cause. And there are six causes intoxication, conviction of a felony, extortion, corruption, willful or habitual neglect, or refusal to perform the duties of his office. So if he persists in this obstruction against Ice. This could be something that they could tag him for, but I would submit that the one that you could already nail him on is maladministration in office. Maladministration which you look at what his staff has been saying for years, the way he's running the sheriff's office. I feel like there's plenty of evidence. Now, how do you get the written petition in the first place, Well, that can be filed upon the relation of any five qualified electors of the county. So five Mecklenburg voters can get together and submit in writing some complaint basically upon the approval of the County Attorney of such county or the DA of the district, or by any such officer upon his own motion, so he could remove himself. There is already a law for this. Here's a great idea. How about making an escape to a really special and secluded getaway in western North Carolina? Just a quick drive up the mountain and cabins of Asheville. Is your connection. Whether you're celebrating an anniversary, a honeymoon, maybe you want to plan a memorable proposal, or get family and friends together for a big old reunion. Cabins of Asheville has the ideal spot for you where you can reconnect with your loved ones and the things that truly matter. Nestled within the breath taking fourteen thousand acres of the Pisga National Forest, their cabins offer a serene escape in the heart of the Blue Ridge Mountains. 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And just because you snuck in through the back window doesn't mean you get excuse me, any more rights to quote due process than somebody who has legally come through the system. He says, why are we even discussing illegal immigrants who have been charged being turned over to Ice or which felonies would merit deportation right because they have to come up with some sort of an excuse. They have to formulate some kind of an argument. For example, here is Representative Jordan Lopez, Democrat from Mecklamburg County. He said he was angry when he saw the White House lawn signs with all the people's faces who had been deported. You've seen this, right. The White House went and put yard signs and put pictures of the criminal aliens that were deported in the crimes that they were charged with, and they put like a hundred of them or something across the White House lawn. Forcing all of the reporters that were doing their live shots out there to have to have these in the background. Some outlets even blurt out the photos, Jordan said, or Jordan Lopez said. Everyone cares about public safety, of course, but then he said, why are we doing the federal government's job for them? He said, in the first month of the Trump administration, four hundred and forty seven detainers were issued in North Carolina by ice, but only fifty three people were taken into ice custody. See, so it's not even effective. It gets us no closer to the safe for North Carolina that we all want. It only plays into a narrative created by a deeply unpopular federal administration to escapego people who don't look a certain way, who don't speak a certain way, or who come from different places for the issues that we have. And that's just not the case. Alright. So okay, I'm confused by your argument. Now are you telling me that with the four hundred and forty seven detainers that were issued, only fifty three people were taken into ice custody. So it's not effective. But also this is a really effective scapegoting operation or something. You guys got to you have to pick one side of this argument. Okay, it's either the worst thing ever or it doesn't work right. You can't say that, oh, they're just trying to target all of these different people, but then they're not actually taking them into custody. You can't say that they're you know, trying to racially profile people and deport wrong people in all of this, but then turn around and say that it's actually not effective. Which is it? Right? Which is it? And to this to the question of whether or not we're doing the federal government's job for them, we're actually not doing their job for them. The locals are not doing The state is not doing the federal government's job for the federal government. They're cooperating with the federal government as the government attempts to do its job. The state is simply trying to cooperate to help the feds do what they're going to do with an aim towards public safety. He said, Also, it would open up the possibility for lawsuits this old canard, which I obviously has not happened. There haven't been lawsuits against all of the sheriffs that have been cooperating with Ice. That is a red herring. Then you've got Maria Servanna Democrat from Waite County. She said she was pulled over years ago. She was pulled over and stopped for having out of state plates. I don't know how she knows this, she says, that's why she got stopped. She was asked where she was born by the officer that pulled her over. She was detained, and she's from Oakland, California. She was detained for three hours on the side of the road, she said, and threatened with being sent to an ice detention center. If we don't continue. Oh, hang on a second, my bed's that's Carla Konia. This is Maria Servie. You this orders law enforcement people to hold people longer, not just because they're guilty, because they still haven't been charged for a crime. Not true. They are charged with a crime. That's how they ended up in the jail. They haven't been convicted. See this like the This is like the gun control debate. I feel like it's important for us to kind of get an understanding of your understanding of this issue before we listen to what you're saying. Okay, because when you say that they haven't even been charged with a crime, they have been. That's how they're in the jail. Not because of evidence, but simply because of suspicion because who they are or they're assumed to be. HB Three eighteen doesn't protect our communities. It profiles them. It actually does not do that either. Again, if you are arrested for some sort of a serious crime, then it forces the share to relay your identity and your presence in the jail to ICE. ICE would still determine whether or not to come get you and deport you. And that's a determination that ICE makes and the judge in the immigration court makes. Doesn't deliver justice, it delays it. Oh, it doesn't make us safer, it makes us smaller. And if ICE doesn't pick you up, what happens You lose hours in your life, days, maybe your job, maybe your family's trust in the system forever, the trust that we should have for law enforcement, the law enforcement that we respect to serve law and order. Again, I'm kind of confused. Didn't you just say that some racisty cop pulled you over on the side of the road because you look like you were a foreigner and then said like, I'm going to send you to ICE and all this. But then on the other hand, they're like, oh, we respect all the law enforcement officers, and so the only reason that cop was acting that way was because a law allowed him to act that way. And if we just allow any illegal alien to stay, then cops won't act all racisty or something like. These arguments are so dumb. They're so dumb. But then again, I can sympathize. I can. I don't know how I would defend this crap either. I'm not saying I could come up with a better argument, not at all. All Right, So spring is here a time of renewal and celebrations. You've got graduations, weddings, anniversaries and the special days for mom and dad. Your family's making memories that are going to last a lifetime. But let me ask you, are all of those treasured moments from days gone by? Are they hidden away on old VCR tapes, eight millimeter films, photos slides? Are they preserved? Because over time, these precious memories can fade and deteriorate, losing the magic of yesterday. At Creative Video, they help you protect what matters most. Their expert team digitizes your cherished family moments and transfers them onto a USB drive, freezing them in time. So they can be enjoyed for generations to come. I urge you do not wait until it's too late. This spring, celebrate your past, Visit Creative Video today and let them preserve your legacy with the love and care that it deserves. Creative Video Preserving Family Memories since nineteen ninety seven, located in mint Hill, just off four eighty five. Mail orders are accepted to get all the details that create a video dot com. Here's a message from James who says, are there any provisions in the North Carolina House bill or Senate bill that would allow victims to pursue litigation against the sheriff and or community leaders should an illegal be released out into the community and then repeat their crime or crimes. The Senate version I have in my hands. I don't have the House I did not print out the House version. The Senate version states quote A county in violation of this section shall have waived its governmental immunity. A county shall shall have waived its immunity from civil liability in tort if it does not comply with General Statute one fifty three A five and an unauthorized alien commits a crime against a person or property within the corporate limits of the county. So yes, you would be able to sue the county, the sheriff, the officials personally and at the governmental level. I don't know if that provision is in the Senate version or sorry, the House version that passed yesterday. But if they pass their own versions, then they will get together with a conference committee and hammer out revisions and then send them back to the chambers for sign off for approval. So I hope, I hope it survives that conference if it isn't already in the House version. Now, there is a Republican out of Caberi's county named Brian at Shavaria, and he got up and spoke to he's a Republican. He says he is from an immigrant family, and he supports this order. On a second, gosh, that's twice real, professional pete, he says he is from an immigrant family and he supports the bill. We're closing loopholes because five or so sheriffs have refused to cooperate with the spirit of this law. And so while it can be debated like a new bill, it's not. What it is is a it's addressing abuses of our current statue. Yes, and as the descendant of legal immigrants. I know my ninety two year old grandfather who immigrated from Cuba, agrees with this. He agrees with the idea that he did it right, that there is a big, beautiful door, that there is a way to seek asylum, and that if you came illegally and you're committing a crime, you're actually begging for a ride back to your country, whatever country that is. Now. What's interesting is we like to conflate illegal immigrant an immigrant, and as a descendant of immigrants, they are not the same legal immigrants. People who go through the process are often insulted by the idea that people want to skip the line, break the law, and not pay the price for doing so now unfavorably. I also come from a family well acquainted with consequences, and far too often we have a conversation in here and someone is attempting to deliver someone from the consequences of their action. Yes, the truth is, if you're here illegally, you cross the border, you're not an asylum seeker. I have family that came over and over state of visa and it cost them ten years back in their country before they can apply to come over again. They paid the price. They are familiar with consequences. This has been one of the I'm so glad, he said this. This has been one of the unspoken, unreported tensions inside this debate between legal and illegal immigrants. When when you look at polling, you see that people who have come to this country the proper way, the legal way, and have gotten their citizenship, they've become naturalized citizens, they are, as he said, insulted. They take great offense at the others who did not do it correctly and are being rewarded, or at least they're being told they could be rewarded with the same prize that people who came legally spent years and thousands of dollars to achieve. It is insulting to them. It's not fair. It's also not fair, by the way, to people from all over the world that want to come as well, but don't have the luxury of doing so because they don't live on a connected land mass. This House measure introduces new pre trial release procedures, whereby judicial officials would be required to attempt to verify a defendant's legal residency or citizenship status through questioning, document examination, or or both. This was the two eighty seven G program, right, this is what sheriff's offices were doing. Our sheriff's office was doing this. We were actually a national leader in the two eighty seven G program, and then this sheriff scrapped it, got rid of it, promised to do so, and then did so. So now they're saying, no, you have to actually try to find out the identity and residency of the people in your jail. If officials cannot determine legal status, they must set standard pre trial release conditions and commit that individual to a detention facility where they will be fingerprinted. An ICE query on that individual must be made and the prisoner is held for two hours and then either be released if there's no detainer issued or processed under the detainer procedures, if they do get a detainer request from ICE. And under the approved bill version, this verification would apply to individuals charged with any felony, certain Class A one misdemeanors, violations of domestic violence, protective orders, and impaired driving offenses. The expanded list would include burglaries, theft, embezzlement, fraud, forgery, and drunk driving. Law enforcement officers would also receive immunity protection from civil or criminal liability for actions taken in compliance with these requirements. So that takes this argument of oh, we're going to get suit, takes it off the table for Sheriff Gary. Not my fault, mcfatt. All right, that'll do it for this episode. Thank you so much for listening. I could not do the show without your support and the support of the businesses that advertise on the podcast, so if you'd like, please support them too and tell them you heard it here. You can also become a patron at my Patreon page or go to thepetecleanershow dot com. Again, thank you so much for listening, and don't break anything while I'm gone.