School discipline changes and sanctuary sheriffs (05-05-2025--Hour3)

What's going on? Thank you so much for listening to this podcast. It is her live every day from noon to three on WBT Radio and 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 dpeakclendershow 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. It is Monday at two o'clock. That means it's time now to chat with Ap Dylan. She is a reporter over at the North State Journal at sjonline dot com and also her substack more to the story. You can subscribe to that as well. She does a ton of work for both publications. Welcome, Ap, How are you this week? Goodkie? How are you doing? I'm all right, I'm all right. So let's start with the discipline policies at schools. You wrote about this on your substack. More to the story that President Donald Trump issued an executive order that effectively ends the Obama era disciplined policies. So what were these policies and why is this a big deal. Well, back in twenty fourteen, the Obama administration issued a Dear Colleague letter. It basically told districts and states that they're sorry, my little out of brass, that their disciplined policies had to be taking race into consideration because there were these activist groups. We're going around the country talking about how minority students are disciplined at greater rates than white students were, but none of their data or there's you know, their presentations ever showed whether or not those disciplinary actions were actually warranted. So this THEO undoes that one. This is along the lines of the and we covered this a couple of weeks ago when the Supreme Court, I think they did a ruling on this. I'm sure I'm drawing. It was the disparate impact where it said just simply or yeah, simply having a data set that shows some difference in results based or that is, you know, correlated maybe but not caused as proof. But to say like, okay, you've got I think the example I used was firefighters. You got to be able to lift two hundred pounds and oh no, women couldn't do the lift men could. But that doesn't prove that you're discriminating against women. It just says, we have a standard of two hundred pounds or three hundred pounds whatever you got to be able to lift. And but you look at the data and the outcome and you would then say, oh, that's proof that disparate impact or outcome is proof of some nefarious motivation. That's what this sounds like. It's very so much to that. It deals with what the so called school to prison pipeline, where students were being referred to for legal action for some of their some of their activities and addition to suspensions, and that they were going through the juvenile justice system. I mean these were for things like serious assaults and you know, bringing a weapons to school. I mean, these weren't for just little little trifling things where two students got in the spat. Now, these were these were serious crimes that were happening on campuses. And so what the dear colleague letter or do you Obama administration did was basically said, yeah, you can't be suspending kids, and you have to change how you're altering your suspension reports and you have to use left out of school suspensions and so districts broad in things like restorative justice whereby the student doesn't get suspended at all, and they just have to tell the other student they're sorry. And there was an uptick in school of violence following disorder whoa whoa whoa whoa whoa whoa wha exploded afterwards. Hang on, hang on, hang on. So wait a minute, So the school to prison pipeline was not shut down by this approach with restorative justice, So limiting disciplinary action to get fewer criminals didn't work. Nope. In fact, it kind of ties into the juvenile justice changes that were made to legislation here in North Carolina in the last year. Yeah, because we were seeing, you know, all these kids committing these serious crimes like murder, attempted murder, carjackings, you know, assault with a deadly weapon. There were at least twenty or thirty of these that I logged in twenty twenty four alone across North Carolina. And you know, so these students were obviously, you know, they were mostly more seventeen nunder. One was as young as thirteen, I believe. And these kids, you know, are the types that were being suspended in schools, but no longer allowed to be given out of school suspensions because of that former letter. Now some of them were getting out of school suspensions, but they were short and tenure and then they could come back in and do this restorative justice where they basically said sorry to their victim who had to sit there in a room with them and basically be laughed at. Yeah, because this was a joke to these kids. Right, And so like there is what I'm thinking of in like third grade reading, right, third grade being at grade level in third grade? Right, this has been linked to like if you're not at grade level by third grade, chances are you're not going to be very successful. And like there from what I remember about the research, like there is a link there. Now, it's not to say that not being able to read makes you a criminal. It just means that whatever is going on in your life in your family that is not helping you to read at grade level by grade three, those factors persist and cause negative implications for you down the road. It seems like the same thing might be going on here with the quote school to prison pipeline. Well, yeah, I mean there's also the components that you know, the activists will never talk to talk to you about, and that's like where are the parents, right, where in the parents and all this thing. And what's interesting is that for Syze County, Winston Sale and Foresze schools have had a serious discipline problem and recording fights you know in the in the halls, mass fights in the halls, showing up on social media, and uh, last week of Forsythed Sheriff Bobby Kimbro you know, was asked about this and he said, you know, basically, where are the parents. We've got a serious problem about parents not disciplining their kids in their homes and violence is an all time high. And there's a video of it on on x which I linked to in the in the article, and he's exactly right. There's there's multiple components. Here's you know, a lot of these kids are coming from families that are not two parent families that are you know, or they're living with a relative. There's a lot of frustrations, there's not a lot of you know, role model of people in their lives, and they're they're under the gun to, you know, under peer pressure in certain circumstances to act out this way. So it's it's got multiple moving parts there. But when you boil it on down, the watering down at discipline policies, did them no. Favors, No, no, Apparently we are doomed to repeat, you know, mistakes in cycles, I guess, so we'll go through like we saw in the eighties with the soft on crime, light touch approach, and you know the mayhem that resulted from that. Speaking of mayhem, let's talk about illegal immigration. You got a piece also more to the story at your substack about and I haven't heard this name in a while, Duran Duran. I was not aware. Duran Duran has no I'm kidding that's it is a bandoning. But they like this is a kind of an odd name. Paula Duran Duran twenty five years old. And Miguel Angel Duran Duran, a brother and sister illegal alien partnership here who apparently reportedly committed a home invasion and kidnapping. And this was what in Wake County. Yeah, it was a woman and her infant child. And they had a third accomplish with them who was older and he's been caught. His name, let me see what was it again? And Leo Elidoro, Leo Estrada Hernandez, and he was thirty seven, so clearly he was the brain trust in this one, he was charged with two counts of prist greet kidnapping, one count second degree kidnapping, one count possession of a firearm by a felon, and two accounts of assault by pointing a firearm. And he took off and left, you know, after they decided to you know, demand a million dollars from the family that didn't have it. This trio took off with the wife and the daughter and trying to hold him for ransom. The wife and daughter were returned safely, but Hernandez was in the wind. But he was captured on May second, and he was considered one of the fbis most wanted there. So we don't know, like, we don't know if the victims knew these these suspects. Yeah, there's not a lot about the victims, and I don't I don't think that we're going to learn a lot about them until court case documents are killed. But I get the feeling that, you know, given the ridiculous demand that they made of them, that you know, it's possible they knew each other and that there was an illegal exchange or transaction that was being argued over. Okay, So I just have that feeling. Yeah, so there, and that's quite possible. So the home invasion in kidnapping happened. You point out the same day that Democrats in the General Assembly in Raleigh voted against a bill that would I call it Gary's Law. That's what I'm calling it, named after Gary, not my fault McFadden, our sheriff of meckliberg County, who you also make note of, one of the main reasons for House Bill three point eighteen. That's why I call it Gary's Law. And so this was the same day the home invasion in kidnapping. The same day Democrats voted against Gary's. Law, all except for one, right, YEP, Representative Carla Cunningham, a Democrat from my Glenberg County, which is where Sheriff McFadden resides, right, that's his jurisdiction. And she said that this was about public safety. This is about keeping the public safety. You know, these are illegal aliens in the country. They're not here legally, they're committing crimes. This is this is not this is a no Brainer's pretty much what she's saying. And she's correct. So if this thing were to go to avtol over, she could be that one vote. M HM gets it fast, AP, We're going to leave it there. You can read AP's work. She's over at the North State Journal nsjonline dot com. Also get her substack at More to the Story, that's the name of it. More to the Story. AP, good to talk with you as always, Thanks so much, Thank you, PTE. All right, take care. That's AP Dylan. 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 can 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. So we mentioned Sheriff Gary. Not my fault McFadden, And I know some people think I'm too tough on him, but I feel like I'm actually not just pointing out what he is doing, which apparently a lot of people in Mecklenburg County, mostly Democrats and Democrat leadership support him doing so. I don't know why you think that's being hard on the guide, you know, telling you what he's doing, and he has told you what he's doing, what he's all about. He does not believe deportations make America safer. It doesn't make our community safer. He said that. So the Charlotte Observer piece by Ryan Orley, who again is funded by a left wing organization called the Just Trust. But the Observer maintains full editorial control of its journalism. But they just take money from these types of organizations. So does NPR by the way. You'll hear their disclaimers too, that you know this reporting was made possible by a grant from Planned Parenthood, actually Planned Parenthood sponsored. I think it was Politico's playbook the other day, like for like a whole week plan brought to you by Planned Parenthood. Oh wow, do you think they're gonna do anything critical about Planned Parenthood? Yeah, probably not so. I mentioned that ICE has picked up people at the courthouse in Mecklamurke County. We went over this, what was it like a week a week and a half ago when not my fault, mcfatten got very upset at ICE detaining somebody outside the courthouse and the person tried to I think they tried to flee. But regardless, this is what ICE has been doing. They've been scooping up people, grabbing them up before they can get too far outside of the outside of the courthouse. When they when they leave the jail the jail for people who don't know, the jail and the courthouse are connected buildings, right, so they come out when they get released, after they've bonded out, ICE is standing out there and they pick them up. And this has caused great concern. Oh my gosh, concern, concern, and there are activists, lawyers and they are calling up the sheriff and like, oh my gosh, Ice is out front. Oh my gosh, I feel unsafe in all of this. So Ice has apparently arrested. According to the Charlotte Observer report by Ryan Orley, four people have been picked up outside the Mecklinburg County Courthouse last month, alarming some lawyers and leading Sheriff Gary mcfeddin to again call for the agency to work with him. See this is democrat privilege. Democrats just get to say this stuff. I call for you to work with me. Yeah. Ice has told you how to work with them. Ice has made it clear this is how you can help us, and he doesn't want to do that. So what else is there? He hasn't laid out anything specific. This is why the state legislature is now coming after him again with another piece of legislation to tighten the loophole that he is using. Because I don't know when to count the forty eight hours on the on the detainer. When do I start that clock running? And Gary wants to start it running as soon as somebody walks in the door, so he'll type the you know, they'll type the person's name into the system and they're like, oh, you're not a citizen. Oh we can't identify you, where are you from? And all this. So then they are required now thanks to House built ten a year or so ago, that forced the sheriffs to actually identify the people in their jails and then alert ICE. Hey, we got somebody in our jail that is an illegal alien. So now he alerts ICE, and in his mind, that's when the forty eight hours starts, and that's all he needs to do. He doesn't have to do anything else. What ICE requests in their detainer is that when the person is about to be released, that's when you need to call us. And here's our phone number, and if you can't get us at this number, here's the general phone number after hours number. So they give them all this information on the detainer request, and Gary says, I don't have to make that call. That's not required. It's a voluntary ask from ICE. The detainer requests. It's right there in the name detainer request, so sheriffs can say no. And when you do say no, by the way, and you do not cooperate with ICE, then you get tagged with the Sanctuary sheriff name. And that's why Gary McFadden has that tag, and he doesn't like that tag, but that's how you get the tag when you dismantle the two eighty seven g program, when you run on campaign platform of not cooperating with ICE, when you have a record of letting people out of your jail that had detainer requests on them, and you have a history of not a larning ICE. After a law gets passed to try to bring you into line, and then you find another way around the law. See, all of those things kind of culminate into this moniker of Sanctuary Sheriff. That's how you get that moniker. Like, I'm not sure he's aware that because he seems very upset at at the tag. So I just try to be helpful. Here, here's a great idea. How about making an escape to a really special and secluded getaway in western North Carolina? 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Cabins of Ashville has the ideal spot for you for any occasion, and they have pet friendly accommodations. Call or text eight two eight, three six seven seventy sixty eight or check out all there is to offer at Cabins Offashville dot com and make memories that'll last a lifetime. Charlotte Observer Reporting to an Effect. Check questions and answers about immigration, ice and more in Charlotte, and it says ICE arrested four people outside the Mecklenburg County courthouse last month, alarming some lawyers and leading Sheriff Gary McFadden to again call for the agency to work with him. It's very unusual for the federal agency to conduct out conduct arrests outside the courthouse, said Eddie Thomas, who oversees the Violent Crimes team at the local Public Defender's Office. Yes, it has been unusual. That's because we had an administration prior to this one that did not allow anybody to enter any courthouses or sensitive areas. In the light, it hasn't been a focus. Enforcing the law has not been a focus. So now this is the new norm. This is now the usual. He remembered that happening once or twice during Trump's last administration. Trump's borders are Tom Homan told Observer partner WSOC to expect more arrests outside a courthouse. Charlotte's Immigration court needs more funding too. Local immigration attorney Andres Lopez said there were two ways to carry out a mass deportation campaign. Either Congress could give more funding to immigration court so due process could happen at a quicker pace, or the government could outright deny that due process. Well, there's actually a third way we went over at last hour, which was to pay people to self deport right, pay for their airfare, give them a one thousand dollars gift, a stipend, and go. And that's cheaper than running through this whole process. And it costs like seventeen thousand dollars on average per deportation. Tom Tillis, US senator from North Carolina called Mecklenburg County a sanctuary county. True, So that's a fact check of Tillis. The term is used liberally by Tillis and other politicians. In a social media post labeling Mecklenburg and eight other North Carolina counties as sanctuaries, Tillis said they quote refused to cooperate with law federal law enforcement and instead shield dangerous criminal illegals. Some other places have embraced the term. By California, former Governor Jerry Brown signed a bill to make California a sanctuary state. See once again, like the right did not come up with this term, the left did. You Guys on the left, you celebrated that you would provide sanctuary and So when the right sees you doing this and uses your term, now, it's oh, now it's a bad thing. Oh, you're using it differently. No, the term is neutral. It's describing a particular condition. And I would submit the reason why you feel somewhat embarrassed by getting labeled as a sanctuary place or a sanctuary sheriff or whatever is because the condition is embarrassing. It's like you don't want people to think ill of you. You don't want people to Oh no, no, I'm doing the right thing. Why won't you understand this is the right thing to do. They disagree with you. I disagree with you. No, you shouldn't be doing this. State law requires sheriffs to honor the ICE requests, the detainer requests that people be held for forty eight hours when they're found to not have legal status. That's a long way of saying an illegal alien to Those requests are called detainers. But the sheriff now says he is honoring ice detainers, Well, that was because a house built ten right, House Bill ten said he had to. But he still found the loophole. And that's what the next legislation that is being weighed right now in Raleigh is all about. So is McFadden following the law when it comes to Ice? Is the question that is asked in the fact check, and the reporter finds yes, he is following the law. McFadden's staff checks whether somebody booked into the county jail is legally in the United States when they according to his office, when they are not, they send a notice to ICE through a computer system. If ICE wants that person, the agency can collect them up to forty eight hours after the notice. See what did I say earlier? McFadden starts the clock the forty eight hours. He starts the clock at intake. And what Ice has asked is a phone call before you're going to release. When you know the guy is bonding out right, or they're going in front of the magistrate, they're going to get released, they're going before a judge, they're going to get released, you need to call Ice. And then once he is like okay, you can go, the magistrate releases you. That's when ICE is asking for the forty eight hours so they can come get him. And that's what McFadden is not doing. The Sheriff's office has been sending notice to Ice, but Ice has asked for a phone call. They don't tell you when, but the phone call they want is when the guy is getting released. The Sheriff's Association of the State of North Carolina, the executive vice president and general Counsel Eddie Caldwell, said ICE would prefer for that forty eight hours notice instead of being at the front end of the process, to be at the back end of the process when the person is about to be released. So this House Bill three eighteen is essentially a procedural fix, is what he called it. And then I don't know why this is relevant to the fact check about whether McFadden is cooperating or not with ICE. But the last question to fact check is do immigrants commit more crime than other people? And the fact checker says no. Northwest University did a study that over one hundred and fifty years, immigrants have been less likely to be incarcerated than US born citizens. See. But here's the problem with this stat and I have no reason to doubt that at all. It makes sense, especially illegal aliens. They're trying to stay under the radar. They don't want to get caught because if they get caught, they may get sent home. Right so they don't want to get caught. This, by the way, also makes it easier for people to exploit them. You can have employers that pay them next to nothing, put them up in housing that is terrible cramp you know, forty people into a home and you know, basically have indentured servants, and then threaten them with deportation if they try to speak up for themselves. Right, You've created a system that exploits these people. That's not humane. So the other thing, though, is that any crime that is committed by an illegal alien should not have been committed in the first place because they should not be here. So it's not a matter of comparing an illegal alien population to a native born population. It's comparing the illegal alien crime numbers to zero, because that's what it should be. It should be zero. That's it. That's the comparison. But they always want to make this argument that somehow or another, everybody is saying that they're more violent or more you know, there are more criminals in that population. I've never made that argument. To me, it's irrelevant. It's like the drunk driver example. Drunk drivers sitting at a stoplight and gets hit from behind. You're still going to get sighted for drunk driving because you should not have been on the road. You're drunk. Same deal. Now, McFadden put out a statement and the Sheriff's Association put out a statement. I've got them 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? 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The MECKLAMERC County Sheriff's Office will consistently adhere to the law as we have done in the past with the North Carolina General Statue one sixty two, sixty two a b C. House Bill ten, and House Bill three eighteen. Should it become law. Mecklenberg Sheriff's Office will also comply with that law along with all judicial signed orders, indictments, and ritz to legally transfer someone from state custody to federal custody. So once again, he's very specific in this language for a reason because deportation ice proceedings are civil, so he wants he wants judges. But see that's not what detainers are. They don't come from judges. That's why he always says this. As always, we will honor all criminal warrants, both state and federal. During each arrest. We will continue to work. Sorry. We will continue to ask the pertinent questions regarding citizenship status. Should we be unable to determine citizenship of a possible undocumented person, we will contact Immigration Customs and Enforcement and provide them with the necessary information. Additionally, if staff receives a federal civil detainer accompanied by a federal civil warrant issued by an ICE officer, we will accept both documents and have a Mecklinburg County deputy present the undocumented immigrant with both civil documents to a state magistrate to seek probab cause for an additional forty eight hour hold after they have met all the conditions for their release. With that said, House Built three eighteen, like its predecessor, House Built ten, still fails to rectify the legal issue of transferring an undocumented immigrant with pending state charges to ICE for civil immigration proceedings. ICE agents must obtain a judicial writ for Mecklenberg Sheriff's office to legally transfer custody. See this is why they are arresting them outside the courthouse. Gary. They're not dealing with your with your stuff. Okay, they're not dealing with you. You can you can play the victim because that's what he does. He's either the hero or the victim. He's playing victim, like I'm trying to do all of these things and I just won't cooberate with me. No, he's he's very specific in this language. He says, regardless of notifying ICE of an individual's status or release time, this still does not resolve the legal limitation on transfer. Right. So you know what, just give him a call, give him a heads up the forty eight hours, call them, and then you don't have to worry about it. You're so worried about being sued. Right, supposedly that's the cover story. Oh I'm so worried. I'm gonna get it sued. Even though like ninety five other sheriffs around the state do cooperate fully with ICE, do effectuate these transfers, and none of them have been sued. Keep hearing about this potential threat for litigation. Yet nobody has been sued over this stuff. But I'm sure it's a totally legitimate concern. So we'll take that off your plate. How about that, We'll solve this liability concern for you. We will just pick them up outside your courthouse. But oh no, no, eh, I can't believe. I got people make of these arrests outside the corner too. Yeah, they're allowed to do that. You have no control. It's almost as if he doesn't want to cooperate. I know, it's like crazy, but anyway. Next up here is from the Sheriff's Association statement House Built ten, which was the one that was approved last year. If the jail staff is unable to determine if that prisoner is a legal resident or citizen of the US, then the jail staff is required to follow certain specified procedures. Okay. This was to force sheriff's offices to identify illegal aliens in custody. They had to force some sheriffs to do this. By Gary, it is our understanding and firm belief that all North Carolina sheriffs are fully complying with the legal requirements in General Statute one sixty two, Disk six two, and we have seen no information or indication to the contrary. Okay. So the Sheriff Association says that now that the law specified you have to identify everybody in the jail and you have to alert ice. Now they are complying. So McFadden is complying with that and by the way, I've seen or heard no reports otherwise. But he is still not fully cooperating. He's not acting in good faith. He's trying to find ways loopholes around helping ICE deport people because Gary mcfatten has said he doesn't believe deportation will solve the illegal immigration problem. They then go on to say the Sheriff Association says, we acknowledge that Immigration and Customs Enforcement would prefer that sheriffs honor the request of ICE to voluntarily take additional actions beyond those required by state or federal law, including number one, honoring immigration detainers for forty eight hours beyond the time that the prisoner would otherwise be released. Right, So to start the clock running at the end, not at the beginning, Gary starts it at the beginning, notifying ICE forty eight hours before the prisoner would be released from jail. Gary doesn't make that call. Some sheriffs comply with these voluntary requests from ICE, and others do not, Like not my fault, macfadden. In either case, the sheriffs are fully complying with both state and federal law, since the requests from ICE are voluntary and are not required by state or federal law, nor by court order. Once again, I'm not aware of anybody making these arguments that McFadden is violating the law. He is violating the spirit of the law. He is acting in bad faith by trying to find every which way he can to not fully cooperate. When Ice asks you to do something and you have the ability to say no, and then you say no, you don't then get to say, but I want to cooperate because you were given an opportunity to cooperate voluntarily and refre used, right, and so now the state is coming back and you're like, okay, let's go ahead and close that little loophole for you. And they go on to say, we believe all sheriffs are fully complying with the current legal requirements. We are confident that if House Bill three eighteen is enacted into law, all sheriffs will comply with that law as well. We shall see, you know, we shall see. I again, I have no evidence or have heard no reports that any sheriff is violating the law the letter of the law. But we'll see if Gary can find another loophole after the fact. 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 dpetecallanershow dot com. Again, thank you so much for listening, and don't break anything while I'm gone.