10/01/2012

Calif. Gov. vetoes bill that OK’d towns freeing undocumented immigrants

Damian Dovarganes / AP file

High school student Claudia Rueda, 17, center, is arrested by Los Angeles Police officers for failing to disperse, as protesters blocked the intersection of the Los Angeles Sheriff's Department Twin Tower Correctional Facility in Los Angeles Thursday, Sept. 6, 2012. Students demanded the passage of Assembly Bill 1081, also known as the Trust Act.

By Miranda Leitsinger, NBC News

California's governor late Sunday vetoed a bill that would have allowed local authorities to free undocumented immigrants from custody despite requests by immigration officials to hold them for possible deportation proceedings.

The controversial practice has long been criticized by immigration advocates who say the federal requests, known as detainers or holds, cast a wide dragnet that ensnared even those who had committed minor crimes or no offenses. But Immigration and Customs Enforcement had said the program was instrumental in helping enforce immigration laws and in getting violent offenders off the streets.


In his veto message, Gov. Edmund G. Brown Jr. said he could not sign the bill as written because under it "local officers would be prohibited from complying with an immigration detainer unless the person arrested was charged with, or has been previously convicted of, a serious or violent felony.

"Unfortunately, the list of offenses codified in the bill is fatally flawed because it omits many serious crimes," he said. "For example, the bill would bar local cooperation  even when the person arrested has been convicted of certain crimes involving child abuse, drug trafficking, selling weapons, using children to sell drugs, or gangs. I believe it's unwise to interfere with a sheriffs discretion  to comply with a detainer issued for people with these kinds of troubling criminal records."

Brown noted he would work with lawmakers to improve the legislation and said undocumented immigrants "play a major role in California's economy, with many performing low-wage jobs that others don't want.

"Comprehensive  immigration  reform -- including a path to citizenship -- would provide tremendous economic  benefits and is long overdue," he wrote. "Until we have immigration reform, federal agents shouldn't try to coerce local law enforcement officers into detaining people who've been picked up for minor offenses and pose no reasonable threat to their community."

Immigration activists denounced Brown's veto, comparing it to Arizona's controversial immigration law that includes a provision forcing those stopped by police to show their immigration papers.

"By vetoing the Trust Act Governor Brown has failed California's immigrant communities, imperiling civil rights and leaving us all less safe. The President's disastrous Secure Communities program is replicating Arizona's model of immigration enforcement nationally, causing a human rights crisis. Immigration and Customs Enforcement strong-armed the Governor to defend its deportation quota instead of defending Californian's rights," Pablo Alvarado, executive director of the National Day Laborer Organizing Network, said in a statement. "On this sad day, we renew our commitment to fight to keep our families together despite the Governor and the President's insistence on seeing them torn apart."

Alvarado was referring to ICE's "Secure Communities" program, under which the FBI shares fingerprints of those arrested with federal immigration authorities who check to see if the person is not legally in the U.S. or if they can be removed due to a criminal conviction.

ICE says it prioritizes the deportation of those who present the most significant threats to public safety, and that it has deported more than 147,400 convicted criminal undocumented immigrants, including more than 54,200 individuals convicted of violent offenses such as murder, rape and the sexual abuse of children, under the program. 

In a statement last week, ICE Deputy Press Secretary Gillian Christensen said the agency doesn't comment on pending state legislation.

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"The identification and removal of criminal offenders is ICE's highest priority and over the past three and half years, ICE has been dedicated to implementing smart, effective reforms to the immigration system that allow it to focus its resources on priority individuals," she wrote in a statement, noting that the Department of Homeland Security would continue to exercise prosecutorial discretion for certain people who came to the U.S. as children and other individuals who were "low priorities."

"The federal government alone sets these priorities and places detainers on individuals arrested on criminal charges to ensure that dangerous criminal aliens and other priority individuals are not released from prisons and jails into our communities," she added.

Several counties and cities have enacted ordinances that limit police cooperation with federal immigration authorities, The New York Times has reported.

Assemblyman Tom Ammiano, a San Francisco Democrat who sponsored the legislation, told The Times that they were "trying to bring some sanity and clarity to a program that I frankly think has gone rogue."

"We want police to distinguish between the woman selling tamales and the gang member who has a record," he said.

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Undecided voter? Tell us your deciding factor

Reuters, Getty Images

By Jon Sweeney

The first of three presidential debates occurs Wednesday and many voters will use these events to educate themselves on the candidates. We want to take this the opportunity to hear what it would take to change your mind from an undecided voter to a Romney or Obama supporter.

How do you participate?

  1. Take a picture of yourself, or a photo representing the issue that is most important to you.
  2. In the caption (or a tweet), tell us what you want to hear from the candidates. Keep your responses short.
  3. Tag your photo #NBCNewsPics in Instagram or Twitter.
  4. Or upload your photo in the box below.

On Wednesday we'll publish a selection of your photos and responses in PhotoBlog, so stay tuned. 

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Pranked teen shines at homecoming ceremony

Whitney Kropp, the teen who was elected to the court as a hurtful prank by classmates, attended the homecoming dance in  West Branch, Michigan, wearing a donated dress as her entire town rallied around her. NBC's Kevin Tibbles reports.

By NBC News staff

In a red, ruffled dress and flowers in her hair, Whitney Kropp, the Michigan high school student picked by her classmates to be on her school's homecoming court as a prank, took to her school's football stadium Friday for the ceremony. 

John M. Galloway / AP

Whitney Kropp, third from left, waits for the ceremony to begin at Ogemaw Heights High School's homecoming football game on Friday.

"I had thoughts about not coming, but you know what, I'm glad I changed my mind and actually came out," Kropp told NBC News. 

Kropp's appearance was met with thunderous applause and camera flashes from her fellow students at Ogemaw Heights High School in West Branch, Mich., and even members of the opposing team.

At Kropp's side was Josh Awrey, the class of 2015's male representative, the Bay City Times reported

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After the ceremony, Kropp, who said she had been bullied throughout her time in high school, told reporters that she was glad she decided to remain on the court.

"I'm overwhelmed," Kropp said. "I'm so happy – this is so much right now for me. The school is fantastic they treated me so well."

'Easy target'
Kropp said last month she was initially surprised to learn that her classmates nominated her to be in the running for her school's homecoming queen. But she said she soon felt humiliated and betrayed when she found out that it was all a joke.

John M. Galloway / AP

Sophomore homecoming representatives Whitney Kropp and Josh Awrey give each other a hug during the homecoming ceremony on the Ogemaw Heights High School football field on Friday.

"People had bullied on me, I guess, for my looks, how I did my hair, how I dress, my height, so I guess they thought, you know, maybe someone that is different is someone that's an easy target," Kropp said. 

But, Kropp said she pulled through with the support of her mother and the rest of the town. 

"You want to protect your kid, and you feel angry and mad at what has happened, but at the same time the outpouring to help her has been beyond expected," Kropp's mother Bernice Kropp said. 

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John M. Galloway / AP

Kristy Erway, Hannah Gebnard, and Paige Sharp of Cadillac High School hang a banner in support of Whitney Kropps in West Branch, Mich., on Friday.

Word spread quickly through the community of about 2,100 residents in West Branch. Resident Jamie Kline started a Facebook support page, gaining more than 4,000 likes in Michigan and nationwide. Personal stories of bullying and messages of encouragement filled the page.

A salon owner in West Branch donated service to cut, color and style Kropp's hair, and other local businesses paid for her dinner, gown, shoes and tiara for the dance. 

Sophomore student Whitney Kropp never saw herself as part of the "in" crowd at her high school, so she was surprised to find out she was voted to homecoming court. It turned out to be a prank, but now the community is rallying behind Whitney to show their support for her. NBC's Kevin Tibbles reports.

Before the game, a local company even made T-shirts in support of Kropp in her favorite color, orange, adding to the messages of encouragement that Kropp says helped her prevail. 

"The kids that are bullying you do not let them bring you down," she said. "Stand up for what you believe in, and go with your heart and go with your gut. That's what I did and look at me now. I'm just as happy as can be."

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Police: No foul play in missing NJ teen Kara Alongi case

Photo of Kara Alongi from her Twitter feed

By Katherine Creag, NBCNewYork.com

Police say they don't believe a missing New Jersey girl who tweeted that someone was in her home is in any physical danger, but her cry for help continues to draw global attention on Twitter.      

Kara Alongi gained thousands of followers after asking people on Twitter to call 911 Sunday because someone may be in her home. People re-tweeted her message and #helpfindkara trended on the social network.

Police responded to Alongi's home on Hall Drive in Clark Sunday evening. When NBC 4 New York called the missing girl's home, someone quickly answered "no comment" and hung up. No one answered the door.

Police Chief Alan Scherb said there was no sign of foul play in the 16-year-old's Clark home, but Alongi remains missing.      

"She is currently still missing, but we are confident she left voluntarily," Scherb told Patch. "No abduction, no foul play. We are investigating this as a missing runaway juvenile."

Twitter users worldwide tweeted messages of good will to Alongi overnight. Many said they were frightened to think about what could have happened to her.


Others were skeptical about her pleas for help, pointing to a tweet that allegedly popped up on Alongi's account saying: "Why is everyone saying I'm missing? I was jkin haha" --  and was deleted a short time later.      

The investigation is ongoing.

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LA's 'Carmageddon' freeway reopens early

They survived Carmageddon, but now Los Angeles is coping with the sequel! Once again, the famous 405 freeway has been shut down, forcing Los Angeles drivers off the road. NBC News' Diana Alvear shows us how Angelenos are using this weekend to embrace car-free adventures.

By Jason Kandel and Jonathan Lloyd, NBCLosAngeles.com

Updated at 9:46a.m. ET -- The closure of a 10-mile stretch of the 405 Freeway in California came and went during the weekend as demolition crews completed work on the Mulholland Bridge in time to reopen the freeway for the Monday morning commute and a high-speed pursuit.

Traffic was flowing through the Sepulveda Pass early Monday after bridge work that began Saturday as part of the freeway widening project. No major traffic problems were reported during the weekend-long freeway closure, which allowed crews to demolish the north side of the bridge.

 Ramps along the Santa Monica Freeway that connect with the 405 Freeway began to reopen by 8:45 p.m. Sunday. Northbound lanes opened later Sunday, followed by southbound lanes.

Mayor Antonio Villaragosa called the project a success and thanked Los Angeles residents for cooperating and ensuring what had been dubbed "Carmageddon" actually was "Carma-Heaven."

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California Highway Patrol officers said several people broke onto the closed freeway. Seven people were detained, including rollerbladers and skaters, the CHP said.

Hours after the freeway reopened, police began searching for the driver of a Jaguar who ran from the vehicle after a high-speed San Fernando Valley pursuit.

The pursuit suspect ran from the vehicle after parking it on the side of the 405 Freeway in Van Nuys.

Dan Kulka, a spokesman for the contractor Kiewit Infrastructure West Co., said Sunday that crews still had to clear debris and sweep the roadway before the work could be complete. Engineers had to inspect the bridge work, Kulka said.

Crews took advantage of the closure to take on seven weeks of maintenance projects such as trimming trees and re-striping lanes, work that saved taxpayers $150,000 and will lead to fewer lane closures in the future, Mayor Antonio Villaraigosa said.

The south side of the overpass was demolished during last summer's first "Carmageddon." No major traffic issues were reported during the July 2011 closure.

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Supreme Court kicks off new term

  • Court resumes work three months after politically charged healthcare ruling
  • Affirmative action, voting rights, same-sex marriage on judicial horizon
  • Issues will test John Roberts leadership of shaky 5-4 conservative majority

(CNN) -- A day after the Supreme Court upheld the health care law, Chief Justice John Roberts joked that he would spend some time at "an impregnable island fortress" to escape the torrent of vitriol and praise heaped on the bench.

The nation is now focused on the presidential election, but attention will likely shift back to the court after the November vote. A new term opens on Monday and the nine justices will address another potentially historic docket. Affirmative action, same-sex marriage, voting rights, and abortion could be taken up.

"The justices are moving from the frying pan right into the fire, having moved up with the big healthcare case," said Thomas Goldstein, a leading Washington lawyer and publisher of SCOTUSblog.com. "They are tackling some of the most difficult legal questions of today. Across the board, probably the biggest term in at least a decade."

A range of explosive issues will test Roberts' leadership of a shaky 5-4 conservative majority:

--Affirmative action and whether universities may continue to use race as one factor in student admissions to maintain a diverse campus.

--Same-sex marriage and the constitutional "equal protection" rights of gay and lesbian couples to wed.

--Voting rights challenges to rigorous federal oversight of state and local elections, and to voter identification laws.

--"Personhood" laws that say life begins at conception, a push by some states and anti-abortion opponents to perhaps revisit the Roe v. Wade ruling.

These issues and several other important criminal, business, and international cases could change the social political landscape in coming years.

"A lot of progressives are concerned that this might mean that Chief Justice Roberts has built up some capital, some good will, and will now push the conservative agenda just as, if not more, strongly in other important cases that limit the national government's ability to solve national problems, or go into areas of social policy like marriage, like abortion, and push a conservative agenda," said Elizabeth Wydra, chief counsel with the Constitutional Accountability Center.

But some conservative legal scholars play down the idea of an activist, agenda-driven court.

"I think that's absurd. I mean, if, certainly this is not a crusading conservative court, it's really a court in equipoise," said Carrie Severino, chief counsel of the Judicial Crisis Network.

"Justice [Anthony] Kennedy has certain issues which he tends to vote conservative on and certain issues he tends to vote more liberal on, and that's where we stand until we have a shift I think in the membership of the court, it's impossible to call it a court that leans more to the left or to the right," Severino said.

Why are candidates silent on Supreme Court?

A political magnet

Roberts' lead role in the health care ruling has made him a hero and a traitor, a sign the Supreme Court remains powerful but subject to political arrows.

Kennedy may be the court's noted "swing vote," but it is Roberts and his leadership skills that will be viewed with greater scrutiny this term. His narrow opinion upholding the core of the Affordable Care Act gave President Barack Obama a huge election-year boost, but raised questions from both the left and the right about his motives.

Roberts viewed the law's central part -- the "individual mandate" requiring most Americans to purchase some form of health insurance or pay a penalty -- as a tax, and therefore within congressional authority. It was a constitutional interpretation that none of his colleagues embraced. But the four mostly liberal justices were happy to endorse the end result -- the mandate was upheld.

Court sources privately, but strongly dismiss suggestions it was a case of political expediency, an effort by Roberts to insulate the court from charges of partisanship and activism in a landmark case decided in a presidential election year. Those sources say the Roberts' opinion was just that, what he really believed was the right legal answer to an admittedly complex, divisive issue.

But moving ahead, some legal analysts suggest the health care decision could pay unexpected dividends to the reputation and prestige of the court.

"It's certainly true that it's going to be much harder to paint him as an ideologue, after he cast the vote to save the president's signature achievement," said Goldstein. "That's not to say that activists on one side or the other will criticize justices they disagree with. But in terms of the center of the country, he certainly has the reputation of being bipartisan and absolutely fair."

Sixty-seven percent of Americans surveyed in a recent Gallup poll say they trust the judiciary, far more than the legislative or executive branches of government.

A CNN/ORC poll conducted just after the June 28 health care ruling found the public evenly divided, 50-49, over whether they agreed with the decision. And by a 53-46 margin, a majority of Americans approve of the job the Supreme Court is doing.

Hard feelings over healthcare

But hard feelings linger on the right over Roberts' role in the health care ruling.

"It was a decision that appears to have been taken for ultimately political reasons," said Severino. "So unfortunately, that emphasizes the risks of a politicized court. But it does remind us all that these justices are all individual human beings and none of them is necessarily going to fit the mold you predict."

Nonetheless, most court watchers expect Roberts to continue being a reliable conservative, along with Justices Antonin Scalia, Clarence Thomas, Samuel Alito, and in most cases, Kennedy.

"The chief is just as conservative this term as he was when President (George W.) Bush nominated him and as he was at the beginning of last term," said Wydra. "And I think that his conservative leanings will probably come to bear when the court considers these issues about affirmative action, and perhaps same-sex marriage."

Three US soldiers among 14 killed by Afghan blast

By NBC's Courtney Kube and wire reports

A suicide bomber detonated a device in Afghanistan on Monday, killing three U.S. soldiers, one interpreter and four members of the Afghan National Police, a military official told NBC News.

The U.S. soldiers after Afghan police were on a dismounted partner patrol near the center of the Khost region in eastern Afghanistan. The attacker approached and detonated as they were preparing to get back in their vehicles.

On Saturday night, an Afghan soldier approached Americans, killing a soldier and a contractor; with that, the number of soldiers killed in Afghanistan is around 2,100 in the United States' 11-year-war in the country. Insider attacks have become increasingly common – and no one seems to have a good answer about how to stop them. NBC's Lester Holt and Richard Engel report from Kabul.

Six civilians also died in the attack, Reuters reported. 

Despite reports that the bomber was riding a motorcycle, the official said there was no evidence of that. The official added that the dead interpreter is thought to be Afghan.

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A witness told Reuters a suicide bomber was wearing a police uniform.

The Third Infantry Division is used to being deployed. For the last 10 years, it has virtually been on the Pentagon's speed dial; now, after multiple deployments to Iraq, the Third I-D has been sent to Afghanistan for the first time. NBC's Lester Holt reports.

The bombing followed the killing of two Americans on Sunday in an exchange of fire with Afghan forces.

Insider attacks by members of the Afghan security forces against NATO allies have resulted in at least 52 deaths this year among foreign forces and this month prompted a tightening of rules for joint patrols between coalition and Afghan forces. 

Reuters contributed to this report.

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