by NC WANTED Staff

Posted: Jul. 24, 2008
Updated: Jul. 25, 2008

ALL COUNTIES — Editor’s Note: NC WANTED called David Price for a response to this article prior to publishing it.  After 24 hours, our calls had not been returned.

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Jim Pendergraph, an executive director with Immigrations and Customs Enforcement (ICE), told NC WANTED that U.S. Congressman David Price is using his power to pass a spending bill that will weaken the country’s ability to enforce United States immigration laws, putting America at greater risk for terror attacks and crimes by foreign nationals.

“Gang activity, pornography importation, human smuggling, drug trafficking, all this wouldn’t even be covered if this [spending] bill passes,” Pendergraph warned. “I hope someone with a little more grip on reality will step forward before this passes.”

In a recent round-up of foreign nationals crossing the border, Pendergraph said border agents discovered people posing as Latinos in an effort to blend in. 

"I was down on the border last summer in San Diego, San Isidro and the border patrol down there that year had already caught people from 150 countries jumping the fence and coming into the United States. Now, what are Chinese doing jumping the fence? And why are there Iraqis and Saudis and Iranians posing as Latinos jumping that fence and coming into the United States, rather than coming in the legal method and getting a passport? I’m concerned about our country’s security and I’m concerned about who’s in our communities," Pendergraph said in an exclusive interview with NC WANTED.

Pendergraph pointed out that David Price is strategically finessing the 2009 spending bill to shut down important immigration enforcement programs that target businesses hiring illegal aliens, which lead to rampant identity theft, social security fraud, voter fraud, and many underworld crimes such as human smuggling, sex trafficking and drug running. 

"What’s irritating to me is I have sheriffs that want to partner [with ICE on 287(g)] and the action is not quick enough to suit them and they’ll call their congressman and the congressman will turn right around to my boss and say, "Why can’t you help my sheriff?” It’s because Congress wouldn’t give us enough resources to help his sheriff."

After a sigh, Pendergraph added, “What I’m about to say to you, has never been said on camera... I may be out of a job tomorrow, but I’ve never gotten in trouble for telling the truth."

Walking Tall

When he was sheriff of Mecklenburg County, Jim Pendergraph led a crusade to address foreign nationals arrested for crimes in his county. Soon, his local success attracted national attention.

Today, Pendergraph leads his crusade across the nation, while keeping a strategic focus on his native North Carolina. He recently traveled from his office in Washington, D.C. to grant an exclusive on-camera interview to NC WANTED.

“I went from dealing with Mecklenburg County to the United States. My job right now is the Executive Director of State and Local Coordination for Immigration and Customs Enforcement,” Pendergraph said while seated on the production set of NC WANTED.

In 2006, after 36 years in law enforcement, Pendergraph could have retired and spent his days fishing beside a North Carolina lake. Instead, he pursued a higher calling and moved to Washington, D.C. so he could work for ICE. “Immigration is one of the biggest issues facing this country right now…the American public is tired of lip service about this. They’re tired of lip service from Congress.”

Pendergraph is specifically tired of the lip service he hears from David Price, who represents North Carolina’s Fourth Congressional District. Price holds a powerful position as Chair of the Homeland Security Appropriations Subcommittee, which directly affects and could limit Pendergraph’s efforts with ICE.

“I have spent some sleepless nights since I’ve had this job, not being able to tell the truth to the people that I’ve wanted to, and I’m not one that makes excuses. I call it as I see it, and this is the way I see it,” said Pendergraph.

The Power of Price

“It’s ironic that North Carolina, as a law enforcement community, is leading the way in immigration enforcement, yet one of our very own congressmen is trying to affect the method that those same people are trying to do the job they swore an oath to do,” Pendergraph said about Price.

“I think he [Price] has his priorities wrong, because I don’t think he understands fully what we’re dealing with,” Pendergraph said.

In an article published June 25th in the News & Observer, “Dems: ICE Should Focus on Criminals, Not Workers,” David Price was quoted criticizing ICE for using federal funds to target hard-working illegal aliens and the businesses who hire them. He blamed ICE for not concentrating the agency’s focus on illegal aliens who are “criminals” or already in prison. "It's one thing everybody agrees on that has to be at the top of the list -- and yet they haven't done it,” Price was quoted as saying. "The department [ICE] should be as zealous in deporting criminals as it is in disrupting immigrant employment.”

Appearing next to the same June 25th article was a photo of Price with the caption, “Price says ICE has its priorities wrong.”

Pendergraph’s jaw tightened as the quote was read to him, responding, “His priorities are wrong. I would like to have Congressman Price get a more detailed overview, open-minded detailed overview about what he is trying to impact and how it will affect the safety of the communities that are involved.”

Pendergraph added, “We would all be better off if Congress would do their job and let us do ours. I fly over Arlington National Cemetery and my dad was one of the ones who fought for this country in World War II and I see the lines of graves down there of people who sacrificed and gave their life for this country and I’m afraid we have people in Congress that would like to give it away.”

Pendergraph believes David Price is using his power over Homeland Security to cripple ICE’s ability to fight illegal immigration and enforce the laws of the land.

He believes David Price is trying to force ICE to be more ‘politically-correct’ by only approving funding to target the illegal aliens already in the criminal justice system.

Pendergraph is alarmed that Price wants to eliminate funding for ICE’s diverse work outside the prisons; work that includes cracking down on businesses that hire illegal aliens and provide cover for identity theft, social security fraud, and an array of underworld crimes.

How can one U.S. Congressman hold so much power over ICE?

Pendergraph points out that ICE exists at the mercy of Congress for its annual operating budget, and David Price is currently leading the spending panel for Homeland Security, which includes ICE.

In the June 25th article published in the N&O, the text read, “U.S. Rep. David Price, who, in his second year at the helm of the Homeland Security spending panel, is trying to increase his influence over the agency's [ICE] immigration policies. Price, a Chapel Hill Democrat, is shepherding through next year's spending package for the Department of Homeland Security. It passed a key House committee Tuesday and now goes to the House floor. The full House is expected to vote on the measure later this summer.”

According to a recent article in Human Events, David Price's congressional subcommittee has already produced a fiscal year 2009 Homeland Security Appropriations bill that will prevent state and local law enforcement agencies from enrolling in the immigration enforcement program known as 287(g).

“Unfortunately, some of the congressmen have their own agenda about how much to give us [ICE], because they know the system well enough to know that if they don’t fund us, then we can’t do much,” he said.

The “Blue” Price Constituency: Which Flag Do You Support?

Pendergraph admits that the progressive and leftist activist groups in David Price’s voting base, mostly from Orange and Durham Counties, empower Price to pursue a “blue county” liberal agenda.

“I suspect the illegal alien advocacy groups have gotten his [David Price’s] attention, where the average citizen is quiet,” said Pendergraph.

“I’ve been asked about rumors about how it [the ICE immigration enforcement program) is enforced, that are not correct. I have to be concerned about people who continuously put out false information to strike fear in the hearts of our immigrant community because I have to be concerned about, you know, what are these people trying to do? And I guess, which flag do they support and which laws do they support?,” Pendergraph said.

The powerful and influential Latino advocacy group, La Raza, has affiliates, organizers and leaders operating throughout David Price’s congressional district.

Pendergraph says he is not concerned about La Raza itself, but does express concerns about La Raza’s tendencies toward exaggeration and fear-mongering.

“The only thing I would ask La Raza to do is print factual information. And not put a fear into people that is unjustified and to get the facts straight before you print anything. We [ICE] would love to work with La Raza and other immigrant associations, but we demand that a truthful, honest and factual approach be taken to printed or electronic media dealing with the immigrant community,” he said.

America’s Eyes on ‘Pilot State’ North Carolina and 287(g)

Mention North Carolina and watch Jim Pendergraph’s body language. He smiles, finds a better position in his chair, even relaxes a bit. He is thinking about home.

“North Carolina, I’m proud to say, is leading the way in this issue,” Pendergraph said warmly.

Pendergraph points out that ICE considers North Carolina a pilot state for 287(g), the growing immigration enforcement program, which provides resources to local law enforcement agencies that have partnered with ICE.

Jim Pendergraph has been leading the charge for 287(g) in North Carolina and other states, while championing its benefits for the United States.

According to the official ICE website, “Under Pendergraph's leadership, Mecklenburg County was the first law enforcement entity on the East Coast to have officers certified for 287(g) authority, resulting in the identification of nearly 3,000 criminal illegal aliens that were placed in removal proceedings.”

As each Sheriff in North Carolina has learned about the 287(g) program, more and more have wanted to sign up.  

For Jim Pendergraph, the growing popularity of 287(g) is bittersweet irony as he sees Congressman David Price maneuver to severely limit, if not eventually shut down, the 287(g) program altogether. 

“There was an attempt at immigration reform last year; it failed miserably," Pendergraph said, "but we have some congressmen trying to affect our ability to do what we’re legally sworn to do by the budget process.”

“Not only is the nation watching North Carolina, a lot of the nation is jealous of North Carolina, but the way our resources are right now, we just can’t support many more partnerships as our budget stands,” Pendergraph said.

Currently, eight law enforcement agencies in North Carolina have signed Memorandums of Agreement with ICE, which allows them to train officers in immigration enforcement and gain access to ICE’s fingerprints database. The database is crucial in identifying undocumented people and entering them into the system.

“I see it [illegal immigration] from a law enforcement perspective, as I always have, about community safety, the safety of this country and the sovereignty of our country. I think people, even people in Congress, forget what our forefathers sacrificed for us to have the country and the laws and how we live today and I think some are too quick to give it away,” he said.

“No one told me that when I went to Washington to work for Immigration and Customs Enforcement that we have an option to enforce the laws that we want to. If we start picking and choosing the laws and the group of people we’re going to enforce them on, then we’re on a slippery slope. We have to continue to enforce the laws that Congress passed until those are changed. It’s the same way in a community and a state and the federal government," Pendergraph told NC WANTED.

“We cannot single out a group of people and not enforce laws because we don’t like that. That’s just not the way it works.”

Pendergraph: Breaking Through

“We are playing catch-up in this country because our immigration enforcement has gotten so far behind the need right now, we’re not going to get out of this situation overnight, but we will get out of it with proper resources and over time, I do see a light at the end of the tunnel.”

“But one thing we can never do is quit. We can never give up and we can never stop enforcing the laws that we took an oath to defend and enforce.”

“One of my charges when I took this job was to be the spokesperson for 287(g) and other local programs, but also to educate people, like the media and others in the communities about what we do in partnering with our state and local partners.”

“The media, matter of fact, you’re the first group that’s asked the tough questions since I’ve been there [working with ICE] 8 months. I’m afraid there are a lot of media that are like some of the immigrant media papers and put out things that aren’t true and then they find out what the facts are, they won’t correct it.”

“I’m excited to have had this opportunity, and I hope after this interview’s over, I will still have a job.”

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Jim Pendergraph was elected Mecklenburg Sheriff in 1994 and was serving his fourth elected term when he accepted the ICE position. Pendergraph began his law enforcement career as a Military Police Officer in the U.S. Army before becoming a police officer with the Charlotte/Mecklenburg Police Department where he was employed for 23 years and rose to the rank of Deputy Chief. Pendergraph received a degree in criminal justice from Central Piedmont Community College and attended the FBI National Academy, the FBI National Executive Institute; and the John F. Kennedy School of Government at Harvard University.