AP: “Washington” ordered delay in immigration arrest of Menendez intern

posted at 12:01 pm on January 16, 2013 by Ed Morrissey

Last month, the Associated Press broke the story of a deliberate delay in arresting a sex offender who illegally overstayed his visa and neglected to update his offender registry — and who happened to be a volunteer in Senator Robert Menendez’s (D-NJ) office in New Jersey.  Why did ICE delay in arresting and starting deportation proceedings against Luis Abrahan Sanchez Zavaleta until a few weeks after the election? The AP now reports that the discovery of Sanchez prompted a discussion with “Washington” that apparently handcuffed law enforcement:

Newly released documents show that federal immigration agents were prepared to arrest an undocumented immigrant and registered sex offender days before the November elections.

However according to the internal agency documents, the agents were ordered by Washington to hold off after officials warned of “significant interest” from Congress and news organizations since the suspect was a volunteer intern for New Jersey Sen. Robert Menendez. …

According to those documents, U.S. Immigration and Customs Enforcement agents in Newark had arranged to arrest Sanchez at the local prosecutor’s office on Oct. 25. That was fewer than two weeks before the election.

Noting that Sanchez was a volunteer in Menendez’s Senate office, ICE officials in New Jersey advised that the arrest “had the possibility of garnering significant congressional and media interest” and were “advised to postpone the arrest” until officials in Washington gave approval. The documents describe a conference call between officials Washington and New Jersey to “determine a way forward, given the potential sensitivities surrounding the case.”

The senators, in a letter to the Homeland Security Department, said the agency documents showed that Sanchez’s arrest “was delayed by six weeks,” as AP had reported. They asked for details about the department’s review of potentially sensitive, high profile immigration cases when arrests are delayed.

First, one has to wonder what Menendez’ office does for background checks.  Sanchez had not only overstayed his visa but had a presumably easy record to check as a sex offender.  Even as a volunteer, wouldn’t that be something that a politician would like to know about the people staffing his home-state office?

Once that was discovered, either internally or externally, the normal impulse would be to get the offender out of the office. Instead, Sanchez tried to apply for Obama’s EO-fueled program to allow children of illegal immigrants to stay in the US, even though Sanchez had merely overstayed his visa:

The agency documents show that Sanchez failed to update his sex offender registration, and local prosecutors considered arresting him for that. During the same time, immigration officials learned that Sanchez had applied for the Obama administration’s Deferred Action for Childhood Arrivals program, which would have allowed him to stay in the country and legally work for two years. He did not disclose his arrest or status as a sex offender on the application and was eventually denied, according to the documents.

Did Menendez’ office help him out with that effort despite ICE interest in deporting the sex offender? That would certainly give some sort of hint as to why “Washington” told ICE to stand down, and who might have given that order.  For his part, Menendez insists that he only found out about the case through the newspapers, but it’s at least curious that “Washington” would have intervened in this case without contacting the Senator for whom the suspect worked.

So now what we have is a Beltway whodunit.  If this was done to spare Menendez public embarrassment during the Senate campaign, that may be a case of obstruction of justice.  It’s certainly curious enough to require more investigation into just why “Washington” ordered ICE to delay its enforcement, and who gave that order.

Update: I changed the headline from “aide” to “intern” to reflect the AP description of Sanchez’ role.


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Government is never a recipe for efficiency.

beatcanvas on May 10, 2013 at 10:07 AM

I don’t know what the BPD would have done. As the story states, if the FBI closed its investigation, doing nothing. Maybe they would have surveyed the guy or something?

To me, this is simply CYA posturing and I’m probably reading too much into this, but is skirting awful close to ‘per-crime’ thinking.

catmman on May 10, 2013 at 10:07 AM

Congress needs to rethink the entire DHS strategy from the beginning.

“”Even if we do everything perfectly, there will still be glitches and bumps, That’s pretty much true of every government program that’s ever been set up.”

Electrongod on May 10, 2013 at 10:10 AM

Let the finger pointing via government incompetence begin.

MoreLiberty on May 10, 2013 at 10:17 AM

NYPD (in large part because of 9/11) probably is the only local law enforcement agency in the country with enough of an intelligence-gathering wing to go out on its own despite what the FBI does. Other agencies, like Boston PD aren’t going to act like some “doesn’t get along with the brass” detective on some TV crime show or movie and spend a ton of time looking into the Tsarnaevs as a terror threat, if the FBI’s already done so and dropped the case.

This sounds more like buck passing from an agency that was part of a federal department drenched in the administration’s idea that America had to get over its inordinate fear of Islamic domestic terror attacks. And Boston isn’t exactly a place where — pre-Marathon attack — going against those PC ideas would have been smiled upon at the local level.

jon1979 on May 10, 2013 at 10:19 AM

Cue the Benny Hill music.

Bishop on May 10, 2013 at 10:20 AM

They don’t talk to anyone, don’t share with anyone, and consider closing a case as being the end of a threat.

Hell, from personal experience, they don’t talk to anyone about home-grown CRIMINAL cases. Oh, they’ll come in and take any info you have, just don’t expect a return of the favor.

GarandFan on May 10, 2013 at 10:21 AM

And, more to the point, so did the FBI. DHS should have gotten the name, too. Quite a few organizations have proven incredibly stupid in not tracking down someone who the Russians (remember, Putin is not a nice guy to the unfriendly terrorists) wanted pulled over and questioned when he was headed ‘home’ to, strangely enough, get some terrorist training. Plus he attended a Mosque that puts money through from the MB and KSA with a bent towards radical islam and jihad.

So, yeah, Boston should have known about it in the PD and other circles.

That is not letting the feds off the hook for what they did or, more to the point, didn’t do.

ajacksonian on May 10, 2013 at 10:23 AM

If you cannot use the proper language and knowledge to address the threat, how can you expect valid communication? Everything has been compromised by (good) Islam to chase ghosts and whack the odd mole from (bad) Islamysticistcism.

America is now the biggest part of the Islamic problem.

BL@KBIRD on May 10, 2013 at 10:27 AM

After all, the FBI didn’t find any reason to keep watching Tsarnaev, and closed the case.

That’s because the new FBI post-REB guidelines steer them away from muzlims and instead directs their energies at those vicious TEA Party types.

Police departments like NYPD and Boston need to search out their own intelligence on terrorist threats, not because the federal government doesn’t share information, but because their filters have been corrupted by political correctness.

They should establish their own links to organizations like Russian intelligence.

slickwillie2001 on May 10, 2013 at 10:28 AM

slickwillie2001 on May 10, 2013 at 10:28 AM

Somehow, I doubt the PC, lib-minded BPD and Mayor’s office would have approved of anything that smacked of profiling.

“Oh, Tsarnaev? He’s a Muslim? Move on. Now, give me the update on the Pro-life, Tea Party activist in Cambridge…”

Hill60 on May 10, 2013 at 10:38 AM

DHS has no business being in the intel process…nor does ODNI…both need to be abolished.

Let’s get real here.

We are not involved in law enforcement…we are in a war..a war on the United States that started long before 9-11…but is now something we cannot talk about because it is uncomfortable…it “slanders” Mohammedism…it runs contrary to the narrative, which starts at the current White House, and yes, the Bush administration as well, that we somehow are not at war with the very people who have openly declared that they are at war with us…loud, and often.

If we treated this war on us as a real war, a deadly and nasty war…not a law enforcement thing…we’d be a lot better off today…and Speedbump and his little brother, Speed Racer, and their family would never have been granted “temporary tourist visas” to the United States in 2002, let alone be somehow granted assylum….and all this Boston stuff could have easily been avoided.

Sheesh, by today’s standards, the Honolulu police department would have been in charge of the aftermath of Pearl Harbor.

The future must not belong to those who slander the Prophet…in the middle of a war…this is what our President says…and believes?

coldwarrior on May 10, 2013 at 10:43 AM

In other words, we’re building new stovepipes in a system that was supposed to eliminate existing ones

In short, as in most of our bulked up, top heavy government…TOO BIG to SUCCEED?

What a farce.

marybel on May 10, 2013 at 10:56 AM

“Oh, Tsarnaev? He’s a Muslim? Move on. Now, give me the update on the Pro-life, Tea Party activist in Cambridge…”

Hill60 on May 10, 2013 at 10:38 AM

Nailed it. That is probably word for word what was said. It probably is word for word what they are saying today.

oldroy on May 10, 2013 at 10:57 AM

Hell, from personal experience, they don’t talk to anyone about home-grown CRIMINAL cases. Oh, they’ll come in and take any info you have, just don’t expect a return of the favor.

GarandFan on May 10, 2013 at 10:21 AM

+1000

People on the outside of law enforcement have no idea how full of themselves Federal agencies are, with the possible exception of the U.S. Marshal’s Service. In my experience, they are overcome with layers and layers of bureaucracy, ass- covering policies and procedures, and institutional groupthink to the point of near paralysis. Their personnel, particularly the FBI, are trained to rely too much on their status as FBI agents and the mythical fear and dread that status is supposed to instill in suspects.

I never met an FBI agent who could interrogate a suspect worth a damn. They all relied too heavily on the “Lying to a Federal officer about anything is a crime in and of itself” statute and could not get around the simple idea that people might still be lying to them, especially someone looking to be an Islamic martyr like Tsarneav. I wasn’t there, but I can pretty much assure you that after the Feebie sent to interview Tsarneav finished warning him not to lie to the FBI, he then sat down and took everything that Tsarneav subsequently told him at face value, with no or minimal challenge or skepticism. The idea that Tsarneav saw himself answering to a Higher Power and was therfore unafraid of anything the U.S. Attorney’s office might threaten him with probably never crossed the Feebie’s mind.

There’s a reason why us lowly local yokels often refer to the FBI as Famous, But Ignorant behind agents’ backs.

It is something you have to be in the business of law enforcement to truly understand. The difference between a real cop and the prima donnas of our federal agencies is something I can’t even explain to you. It’s something you have to experience to understand.

But back to the point Garandfan and Ed’s source were making: the Feds absolutely do not share their best intelligence on anything with state or local law enforcement. If you thought 9/11 changed everything, well, maybe the CIA and the FBI cooperate more than the did on 9/10. The most vital information still very rarely, if ever, gets to state and local first responders.

Dukeboy01 on May 10, 2013 at 11:05 AM

Congress need to not just “rethink DHS” but fire the Secretary and reorganize! Probably too late anyway.

karlinsync on May 10, 2013 at 11:07 AM

“The system worked.”
Mr. Napolitano

jukin3 on May 10, 2013 at 11:07 AM

“The system worked.”
Mr. Napolitano

jukin3 on May 10, 2013 at 11:07 AM

But, for whom?

coldwarrior on May 10, 2013 at 11:13 AM

This what you get when you treat acts of war like crimes. You become so worried about “evidence” that you are afraid to share info that could prevent acts of war.

We have an intelligence community who has the job of preventing the enemy from attacking us. We have a law enforcement community designed to REACT to crimes already committed. Why would they be in charge of preventing acts of war?

Classic Lib-think.

goflyers on May 10, 2013 at 11:22 AM

NYPD (in large part because of 9/11) probably is the only local law enforcement agency in the country with enough of an intelligence-gathering wing to go out on its own …

Naw, they’re tied up in the schools checking for smuggled butter.

Don L on May 10, 2013 at 11:35 AM

Government is never a recipe for efficiency.

beatcanvas on May 10, 2013 at 10:07 AM

In many ways it is useful to have an inefficient government. The less mischief they can induce.

Dasher on May 10, 2013 at 11:47 AM

Congress needs to rethink the entire DHS strategy from the beginning

This agency isn’t working out. We need another agency STAT!

Because when we added another agency on top of two agencies who weren’t getting the job done it wasn’t enough. So, clearly, adding another agency to tell the other three agencies how to do their jobs will be just the ticket to fix this whole problem.

Mark my words, someone in power will propose this.

Lily on May 10, 2013 at 11:56 AM

…each task force member has access to Guardian, a web-based counterterrorism incident management application that was launched in July 2004.

Sounds like a perfect candidate for ‘crowd-sourcing’.

socalcon on May 10, 2013 at 11:59 AM

Let the finger pointing via government incompetence begin.

MoreLiberty on May 10, 2013 at 10:17 AM

Sure, And Govt agencies can handle healthcare delivery and implement cost savings.

#PixieDust
#RainbowUnicorns
#MagicWands

socalcon on May 10, 2013 at 12:02 PM

So we’ve spent billions on new security appartus since 2001 and it failed miserably.

In a sane world this would lead to the end of DHS.

As a more practical point, I’d like to see Republicans specifically asking how Obama could allow this to happen. Fair? Not entirely – but if we learned anything from 2001-9, the president is responsible for any failures by any government employees while he is president…

18-1 on May 10, 2013 at 12:05 PM

I don’t know why, but I’m seeing something really “meta” going on, between this and the new revelation about the IRS leaning on conservative NFP groups. These two stories exemplify the state of absolute corruption and incompetence at the core of our government.

Let. It. Burn.

nukemhill on May 10, 2013 at 12:24 PM

Congress needs to rethink …

Ed you are presuming that Congress did some thinking in the first place, a doubtful assumption at best.

UnrepentantCurmudgeon on May 10, 2013 at 12:32 PM

Only Feds can build SCIFs.

That is totally false: there are many scifs in the private sector. Scifs are expensive and very expensive to operate. More scifs will be a sourse of security problems. Boston/Mass. dosen’t need a scif. What they need is one person or a very small group of people cleared to access of the FBI’s scif to see only information appropriate for their needs. Nothing in this post tells me whether they have such access. It is probable they have it.

burt on May 10, 2013 at 1:55 PM

Congress needs to rethink the entire DHS strategy from the beginning.

Shut it down.

Instead Napolitano will get powers as great as Sibelius once the amnesty passes.

America is cooked, done, over.

Schadenfreude on May 10, 2013 at 2:03 PM

It doesn’t matter what strategy DHS has as long as political leaders are incompetent like Napalitano, Holder, and Obama.

philrat on May 10, 2013 at 3:18 PM

I’ve said this from the beginning. It is the pissed off Boston PD JTTF members getting the truth out. I cannot imagine how upset they are, and I spent a generation plus in the law enforcement business.

The JTTF was supposed to act outside the bureaucracy, streamlining intelligence. However, in reality several things have occurred.

1. JTTF does not get all the information nor handles it correctly. It is still managed, controlled and run by the feds. I have a friend who spent time with them. After a bit, he asked to be transferred back because of the madness they consider SOP. I won’t go into great detail, but you can be assured it was nightmarish. It does not surprise me the Boston PD member didn’t catch the lead. How many do they get? How are they vetted and categorized? Did the FBI complete the investigation, find no issue (per DOJ standards) close file then send it to JTTF as a closed file?

2. Unlike 24, mixed agencies efforts are not always manned with the top notch police. Depending on how serious the PD takes the task force it could send the people want to get rid of, or want time off from their duties in the PD, or want to check off their “fed experience” on their resume.

The ass-kickers you see on TV just don’t exist in large numbers in real life. Often if one is found and is very good at what he or she does, the Chief makes sure that guy/gal stays close to handle his problems in his city.

I was on a task force where the local sheriff sent over two agents. The first two were top notch, the second set rotated in were just a little lower, the third set couldn’t get out of their own way.

It just is.

archer52 on May 10, 2013 at 4:23 PM

This comment (archer52 on May 10, 2013 at 4:23 PM ) supports my earlier comment (burt on May 10, 2013 at 1:55 PM ) suggesting that the police probably had access and blew it.

burt on May 11, 2013 at 4:19 PM