Letter to Deputy Secretary Mayorkas

Donald Rosenberg

drosenberg@aviac.us (address updated)

August 6, 2014

Dear Deputy Secretary Mayorkas:

Thank you so much for taking the time to meet with Sabine Durden and me. I realize that your time is limited but it is of course impossible for us to say all that we wanted to in the time allowed. I cannot convey all I want in this letter either without turning it into a book but I would like to reiterate and embellish a few points that were discussed and address a few that weren’t.

I think the most important aspect of illegal immigration has to be that of public safety. Has the failure of the Federal government to enforce the immigration laws jeopardized public safety? Has the failure of state and local jurisdictions to enforce their own laws when illegal aliens are involved created a threat to public safety?

It is inconceivable and actually an admission of ignorance or an outright lie for anyone to deny that the influx of illegal aliens has not caused anything less than tragic and fatal consequences for tens of thousands of American citizens. I believe the number of dead directly attributable to illegal aliens since the 1986 amnesty exceeds 100,000.

I appreciate the fact that for the first time someone from the government actually answered my question, “Do you consider a crime that result in the death of over 7,200 people a year a minor offense?” While your response that the government considers driving without a license a minor offense was not a direct answer obviously the government must then consider the repercussions from that crime to be minor.

However, the federal government is intent on banning assault rifles which kill less than 400 people a year. In fact if you add up all of the deaths by rifles, shotguns, other and “not stated” the total is 2,363 (Source: FBI Statistics) which is over 1,000 less than caused by illegal alien unlicensed drivers. So when I hear that the government is going to concentrate on those illegal aliens who pose a threat to public safety I have to question your definition of “threat” and certainly “public safety”.

As I mentioned in our meeting illegal aliens who are not considered a threat to public safety kill more people than those who you identify as a threat. Illegal aliens kill approximately 3,500 people in traffic collisions each year and 2,000 people in murders or other willful deaths. I fully realize that there was little to no intent to kill people in traffic collisions but the individual killed is just as dead. What I didn’t get to mention is that these drivers are 5 times more likely to be involved in a fatal collision, 5 times more likely to drive drunk and 10 times more likely to flee which in some cases, like my sons, caused his death.

So is it acceptable that 3,500 people are killed each year by people who have absolutely no legal right to be in this country just because they didn’t intend to kill anyone? Is it acceptable that even after they kill many are never even charged and those that are even after convicted spend little or no time in jail? The man who killed my son spent 43 days in jail. Is it acceptable that even after they kill they are rarely deported? Is it acceptable that even if they’ve killed the immigration reform bill not only lets them stay but puts them on a pathway to citizenship? Is it acceptable that the man who killed my son can petition to return to the United States? And what is truly incredible is it acceptable that you can actually kill people in two separate collisions and still remain in the United States and be on your pathway to citizenship?

While the man who killed my son was not labeled a threat to public safety despite continuing to drive after failing his driving test twice then being caught driving the wrong way on a one way street (charges were dropped) and then failing his test a third time before killing my son the case against Juan Tzun (and so many others) has to make one wonder what you have to do to be considered a threat to public safety.

As you know Juan Tzun killed Sabine Durden’s son Dominick. But his story, or at least what we know of his story begins 3 ½ years before.

  • On November 11, 2208 Tzun is arrested and charged with two felonies; one for grand theft and the other a robbery charge for taking someone’s personal possessions against their will by menace of force or fear. He pleads guilty to the 1st charge and the second is dismissed. He is given three years’ probation. No detention, no deportation.
  • On August 20, 2010 he is arrested and charged with a DUI and a DUI for a BAC of .08 or higher. He is also charged with “failure to pay” resulting from his felony charges. He pleads guilty to all charges and is given three years’ probation. No detention, no deportation.
  • On May 13, 2012 he is arrested and charged with another DUI, another driving with a BAC .08 or higher, driving without a license, driving while on probation for a DUI with a BAC => than .01, a prior DUI and refusing to a chem test with a BAC => .15. He is released on $5,000 bail. No detention, no deportation.
  • Exactly 60 days later he is arrested for vehicular manslaughter without gross negligence for killing Dominick Durden. He is also charged with driving without a license. He is released on $7,500 bail. Finally he is detained by ICE. However, since he is not considered a threat to public safety an immigration judge releases him on bond.

WTF do you have to do to be considered a threat to public safety?

I thought that the facts surrounding my son’s death was an exception only to discover it was the rule. Tragically, the death of Dominick Durden is also not an exception but the rule.

Tzun made a deal and was given 90 days in jail. Finally, finally, finally he was detained for deportation. Sabine can give you the exact date but I believe it then took more than 7 months for him to be deported. It was my case and Sabine’s (and hundreds others) that made me meet with Secretary Johnson on the issue of humane deportations. Like everything in this immigration debate somehow the law breakers have become the victims and the real victims are either ignored or called bigots.

I gave you a spreadsheet that showed what is happening now because the police and sheriffs are not honoring ICE detainer requests. Have you looked at it? Illegal aliens are being let go after DUI’s, domestic abuse and even attempted murder! Are these people not threats to public safety?

I keep hearing that the American public supports a pathway to citizenship. Well the American public also supported invading Iraq until they finally learned the truth. The difference this time is that the media knows the truth but refuse to report it. They also get no prodding from our government who lies about this issue every day. I’m sure if the truth be told public opinion would quickly change.

Does one of your family members have to be killed by an illegal alien before the government will take this issue seriously?

Again, I thank you for your time but to be quite honest I think it was a waste for both of us.



Don Rosenberg

cc:        Secretary Jeh Johnson

Attachments: Court Records for Juan Tzun