Transnational Fugitives Cross Borders to Carry Out Crimes in ‘America’

I am providing you with a news report that appeared in the Tucson Weekly concerning the arrest of an illegal alien, Manuel Osorio-Arellanes, who is believed to have been involved in the incident which resulted in the murder of United States Border Patrol Agent Brian Terry.

There are a number issues that this news report illuminates and alleges that I think we should start where the news report begins- the assertion that the administration is not seeking to gain control over our nation’s borders but only shift the route that the smugglers take in running our nation’s borders in order to create the illusion that the border is secure.

Clearly there have been many, many allegation about this sort of malfeasance by our government and at this point it is all but impossible to believe that a concerted effort is not being made to play a “shell game” to create a false sense of security for our nation as the administration ramps up its efforts to (once again) force Comprehensive Immigration Reform down our throats.

When a sloppy person is told that company is on the way, they may sweep garbage under the carpet and throw all sorts of odds and ends into a closet to get it out of sight. In an era in which the administration has no desire to stanch the human tsunami of illegal aliens simply seek to find ways of concealing the fact that these aliens are running our borders each day. The presence of these illegal aliens is greatly desired by companies seeking cheap and exploitable labor, immigration attorneys who are seeking an endless supply of clients, advocacy groups are seeking more people they can enroll and thus increase their income and political leverage and politicians seek potential voters- (Illegal aliens do vote!)

The point to remember is that illegal immigration is anything but a “victimless crime!”

We are often told that illegal aliens do the work Americans won’t do and various organizations such as the Chamber Of Commerce bemoan the issue of using E-Verify in order to help employers avoid hiring illegal aliens. They complain that E-Verify creates a “burden” on businesses and voice other baseless complaints.

In point of fact, E-Verify is simple to use and is highly effective. It also provides a “Safe Harbor” for employers who properly use this system. The news report does not address E-Verify but I think you will quickly see why I am raising this program in this commentary. The point to remember is that when illegal aliens run our borders we have no way of knowing who they are or why they are entering our country without being inspected. It must be presumed that these illegal aliens are evading the inspections process because they know that there is something in the backgrounds that may well prevent them from being lawfully admitted into the United States. It may be that they are simply seeking illegal work- a serious issue given the high unemployment rate in our country today and the fact that money acquired by illegal aliens is sent back to their home countries and out of our nation’s struggling economy. Each year well over 100 billion dollars is sent out of the United States by these foreign workers. This is money not earned by Americans or lawful immigrants and money that is not spent or invested in the United States. With all of the talk from the politicians about how they all want to create jobs- the critical issue is who will do those jobs!

There are other aliens who are running our borders with a more sinister intention. These aliens include fugitives from justice in their own country or some other country who are desperate to evade law enforcement authorities. Other illegal aliens may be ill and seeking treatment for a dangerous communicable disease while still others may have been previously deported (removed from the United States) and are seeking to illegally return to the United States. Additionally aliens evading the inspections process may have criminal histories, may be part of violent gangs such as MS-13, the Mexican cartels or other such transnational criminal organizations who are seeking to enter the United States to carry out crimes in our country. Terrorists also want to be able to enter our country and not leave a record of their entry into our country.

Consider these excerpt from the news report that details some of the facts concerning Rito Osorio-Arellanes (believed to be Manuel’s brother):

Federal court records show that Rito-whose name, like Manuel’s, is spelled in multiple ways in public documents-was taken into custody on Dec. 12 near Rio Rico. Smugglers, bandits and illegal aliens often enter and exit the Peck corridor at Rio Rico, which is close to Peck Well, the area of the Coronado National Forest where the murder occurred on Dec. 14.

After his arrest in Mesa on March 16, 2004, for selling $20 worth of crack cocaine to an undercover detective in Pioneer Park, Rito said if released, he would go live with his brother in Mesa. Rito was a transient at the time. Manuel was also was living in Mesa then, and in court records, both gave their address as Pasadena Street.

Rito also had a criminal record in this country, and he told a Maricopa County probation officer in 2004 that he had done time in Mexico for homicide. In a pre-sentencing report, the probation officer wrote that he did not verify that statement.

What is incredible is that there is nothing in the news report about either Rito Osorio-Arellanes being turned over to ICE after he completed his jail sentence. Rito Osorio-Arellanes was not only an illegal alien with a criminal history in the United States- by his own statements he had an extremely serious criminal history in Mexico for having done time for homicide. I would love to know why he was apparently never taken into custody by ICE even after his release from prison.

Furthermore, if indeed Rito Osorio-Arellano had been convicted of a homicide in Mexico, he would certainly have been excludible from the United States providing a clear example of an alien who would have been undoubtedly excludible from our country.

Here is a link to Title 8 of the United States Code, Section 212- these are the grounds under which an alien would be ineligible to be lawfully admitted into the United States:


Something that is not often talked about is what criminal aliens may do once they enter our country- they may seek a job. Terrorists also seek mundane employment when they enter a country they seek to attack. A commonplace job provides a source of income and camouflage. I have often made the point that a day or two before a terrorist engages in an attack he (she) is likely to hide in plain sight by going to his job!

When I was an INS Special Agent, many of the criminal aliens I arrested were taken into custody at their jobs while most other criminal aliens who we arrested in their homes or other locations were working in a variety of jobs in the United States.

In this era of computerized credit scores and other such access to information it is common to want to screen people you hire. The screening process should begin with considering the immigration status of new employees as the law requires for a host of reasons that are separate and apart from the legal requirement.

Here is an excerpt from the news report that I believe shows why it is of extreme importance to have employers carefully screen their employees. These employers should also know that they bear responsibility for crimes committed by their employees if they are working at the time that they commit these crimes. Anyone who is assaulted, robbed or otherwise victimized by employees of companies that they contract to do various jobs in and around their homes should seriously contemplate bringing civil lawsuits against the company they hired to make them accountable!

The report also noted that the officer with whom Manuel fought had been to the house before, on a domestic call during which Arellanes had “smacked up his wife pretty good.”

The report provides a glimpse into Manuel’s life. He admitted coming to the country illegally in 1999. He said he was married and had two stepdaughters.

Beginning in March 2003, he worked as an $11-per-hour tile-setter for a company in Gilbert. In a letter to the court, his boss said he was pleased to have Manuel on his staff, because he was “a very dependable and reliable worker.”

But in a phone interview with the *Weekly*, company owner Slobadan Daki said that “was on the days when he showed up.”

Manuel pleaded guilty to felony aggravated assault on a police officer and got 60 days in jail, followed by three years of probation. He also was ordered to undergo domestic-violence and anger-management counseling, and submit to DNA testing for law-enforcement purposes.

Court records show that Manuel’s next arrest occurred six months before the Terry murder, on June 8, 2010, when Border Patrol agents found him after he had entered the country illegally near Nogales. He pleaded guilty to that crime and was deported on June 14-his last known appearance in the country before his re-entry in December.

Please pay attention to the fact that the suspect who was arrested in conjunction with the investigation into the murder of Border Patrol Agent Brian Terry had worked as a tile setter. This means that he was likely working inside the homes of people who contracted the company he worked for. There have been numerous reports about “day laborers” who have taken advantage of their jobs to gain access to the homes of people they robbed, and sometimes raped and killed.

The news report also noted that he had previously worked as a “day laborer” which means he likely worked in or around some people’s homes.

Cheap is not always cheap! It is amazing that the employer of the suspect, Slobadan Daki reportedly wrote a supportive letter to the court in which he referred to Manuel Osorio-Arellanes as being “very dependable and reliable” yet he apparently contradicted himself when he was telephonically interviewed and modified his assertions about his employee by adding the phrase, “on the days when he showed up!” Just how reliable is an employee who may or may not show up for work?

It would seem that the only thing reliable about Osorio-Arellanes was that is employer could count on his willingness to accept substandard pay (when he showed up for work).

Most likely what Mr. Daki did not say was that he did not have to pay Osorio-Arellanes prevailing wages and did not have to pay into Social Security or Workman’s Compensation or pay other normal fees generally associated with the employment of workers. Of course you have to wonder if ICE will even consider looking at the employment records of the company that hired an illegal alien who is believed to have been involved with the murder of a Border Patrol agent!

The financial incentives that cause unscrupulous employers to intentionally hire illegal aliens would be more than offset if those who hire companies to do work for them sued those companies if harm was done to them or their property by the employees of those companies. For these employers, it is all about the “bottom line.”

In reading the article please pay attention to the ease with which the illegal aliens quickly returned to the United States even after being stopped by the Border Patrol and even after being deported from the United States.

I have made this point before and I will make it again- to smugglers and illegal aliens our borders are little more than speed bumps! Just don’t ask the Secretary of DHS, the Department of Homeland Surrender- because she will continue to spew the ridiculous claim that our borders have never been more secure!

Our nation is bleeding red and green and the administration wants you to believe that all is right with the world!

If you believe Napolitano then I have a fence to sell you!

The securing of our nation’s borders and the effective enforcement and administration of our nation’s immigration laws are, arguably, among the most important of all missions that are supposed to be carried out by our federal government. Nothing less than the security of our nation and safety of our citizens hang in the balance!

A country without secure borders can no more stand than can a house without walls!

If our country is to survive and if our children and their children are to get their share of the “American Dream” the citizens of this nation must take their citizenship seriously!

We the People must be the best citizens we can be, citizens who are worthy of the gallantry demonstrated by our valiant men and women in the military, law enforcement and firefighters, who routinely go in harm’s way in defense of this nation and our citizens.

My goal in writing this and other commentaries is to point out our nations many failings before more victims pay the ultimate price for the incompetence and ineptitude of our government.

The first step in problem-solving is to first identify the problems and vulnerabilities and then devise strategies to overcome them.

If you find yourself to be in agreement with this commentary, I ask that you forward it to as many of your friends and family members as possible and encourage them to do the same. We need to create a “Bucket Brigade of Truth!”

The practice of good citizenship does not end in the voting booth, it only begins there.

The large scale apathy demonstrated by citizens of this nation has emboldened elected representatives to all but ignore the needs of the average American citizen in a quest for massive campaign funds and the promises of votes to be ostensibly delivered by special interest groups. There is much that we cannot do but there is one thing that We the People absolutely must do- we must stop sitting on the sidelines!

The collective failure of We the People to get involved in make our concerns known to our politicians have nearly made the concerns of the great majority of the citizens of this nation all but irrelevant to the politicians.

I believe our nation’s is greatly benefited by the rich diversity of our people which is why I could never imagine living anywhere except New York City, arguably the most diverse city in our nation if not, in fact, the world. However, my idea of diversity most certainly does not include members of MS-13, the Mexican drug cartels or members of other transnational gangs or members of al-Qaeda!

If this situation concerns you or especially if it angers you, I ask you to call your Senators and Congressional “Representative. This is not only your right- it is your obligation!

All I ask is that you make it clear to our politicians that we are not as dumb as they hope we are!

We live in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the balance.

This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly an AMERICAN issue!

You are either part of the solution or you are a part of the problem!

Democracy is not a spectator sport!

Lead, follow or get out of the way!

The Brothers Arellanes The man held in connection with the murder of Agent Brian Terry has a crime-ridden past-and so does at least one relative

Michael Cutler
Michael Cutler, a former Senior INS Investigator, an expert witness in more than a dozen Congressional Hearings is a Fellow at the Center for Immigration Studies and an advisor to the '911 Families for a Secure America.' He writes about the nexus between immigration and national security.