Ken Buck: Illegal Immigration, Identity Theft, and the ACLU

Ken Buck is running for the US Senate in Colorado, 2010.   He is under fire from the ACLU for his efforts to curb illegal immigration and identity theft in his County.   The litigation is being funded by tax payor dollars from his County because the Federal Government has failed in one of its primary duties.    One of the few responsibilities of our Federal Government is to protect our borders.   Here is Mr. Buck’s  recent editorial:

EDITORIAL: ELECTED TO ENFORCE THE LAW

KEN BUCK

JUNE 16, 2009

DRAFT 2

In October 2008, the Weld County Sheriff’s Office and the District Attorney’s Office received information about hundreds of identity theft cases. The evidence of these crimes was being stored at, of all places, a local tax preparer’s office. A Search Warrant affidavit was prepared and carefully reviewed by both offices and a judge. The search resulted in evidence of 1,338 cases of identity theft or criminal impersonation.

Weld County, unfortunately, is no stranger to the crime of identity theft. The Federal Trade Commission ranked Weld County 4th in the country for identity theft cases in 2006, 3rd in 2007 and 11th in 2008.

When the American Civil Liberties Union (ACLU) filed a law suit against me, and by default Weld County taxpayers, the media emphasis of working toward justice for victims shifted to attaching a dollar limit on that justice.

The price tag of the ACLU lawsuit is high, and honestly, it will get higher before a conclusion is reached by the Colorado Supreme Court. For those taxpayers who are unhappy about having to foot the bill, please know this: I’m unhappy about it too.

I’m unhappy that the motive for a search warrant has been called into question regardless of the fact that one of Weld County’s most respected judges agreed with the Sheriff’s Office and the District Attorney’s Office that the elements of probable cause were met.

I’m unhappy that the ACLU, funded by deep national pockets, decided to defend the rights of illegal immigrants at the expense of Weld County taxpayers.

I’m unhappy that the media focus of the investigation has been on individuals who committed crimes in this country instead of on the victims of the crimes themselves.

I’m unhappy that there are victims of crime in Weld County, in Colorado and across the country who may not have their cases resolved. I’m unhappy about the hundreds of hours and thousands of dollars they will spend to repair their credit and restore their names.

I’m unhappy about the federal government’s ineffectiveness in protecting our borders and addressing the issue of illegal immigration in this country. I’m unhappy that because of this, the Federal government has shifted the burden of enforcing these laws to the county level.

I’m unhappy that Weld County taxpayers have to pay $1.7 million a year to house illegal immigrants in our jails.

I am happy, however, that I work in a county where law enforcement agencies have the fortitude to do their job and to do it well.

I am happy for the hundreds of emails supporting my office and the Sheriff’s Office in our effort to enforce the law.

And I am happy that the judicial system is working as designed, and that the Colorado Supreme Court will review the warrant and our appeal and make a decision, one way or the other, regarding this investigation.

Enforcing the law is a matter of doing what it right; it is not a matter of convenience or comfort or economy. There is no discussion over cost when it comes to deciding whether or not to file a sexual assault case, a burglary case or an identity theft case.

The discussion that does occur revolves around the strength of the evidence presented and the obligation to obtain justice for a victim of crime. The discussion also revolves around doing what is right for our community and for our county. For me, when it comes to the law and doing what the voters elected me to do, that is a pretty easy discussion to have.

Ken Buck is the Weld County District Attorney. He can be reached at weldda@co.weld.co.us.


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