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Wednesday, February 09, 2011

ICE Released Imprisoned Deportable Aliens, Convicted of Serious Crimes, Into U.S. in FY 2009

illegal immigrants deported
Photo of previously deported
illegal aliens to Mexico

By Edwin Mora,( Immigration and Customs Enforcement (ICE) failed to identify more than 800 criminal alien convicts eligible for deportation before they were released from U.S. prisons, including “many” of  “the most egregious criminal aliens, who pose a significant pubic safety risk,” according to a report by the Inspector General for the Department of Homeland Security (DHS).

According to the [DHS] report, released on Feb. 4, ICE’s Criminal Alien Program, or CAP, “is responsible for identifying criminal aliens incarcerated in federal, state, and local prisons and jails who are eligible for removal from the United States.”  In fiscal year 2009, CAP failed to identify 890 criminal aliens eligible for removal from the United States, according to the report. These criminals had been incarcerated in facilities in Texas and California and were released back into U.S. society.

A criminal alien eligible for removal is a person who is in the United States illegally and is subsequently convicted of a crime or was a legal permanent residents convicted of a removable offense, such as murder and other felonies. Once an alien is identified as removable, ICE issues a “detainer” for that individual, which notifies correctional facilities of “ICE’s intent to take custody of an individual in that facility for the purpose of instituting removal proceedings.”

According to the Immigration Policy Center, “If ICE does not take custody within 48 hours, the detainer automatically lapses, and the state/local law enforcement agency is required to release the individual.” ICE’s Criminal Alien Program is available at all state and federal prisons, in addition to more than 300 local jails throughout the country. ICE requested nearly $200 million for CAP in FY 2010, approximately $50 million more than it was allotted four years earlier.

The Inspector General (IG) report focused on cases involving alien inmates held in federal custody throughout the United States and in state custody in California, Texas, and New York. Those states hold about 64 percent of the foreign-borne U.S. inmate population. “ICE, through CAP, was successful in identifying 99% of the criminal aliens eligible for removal from the United States in federal custody during FY 2009,” the report stated.

“However, identification rates in two of the four states reviewed were not as high. ICE agents did not identify approximately 4% of criminal aliens eligible for removal in California and 2% in Texas.” The audit later added that the Texas and California FY 2009 rates of non-identified criminal aliens translate to “890 (262 federal and 628 state) out of a total population of 49,033.”

“Many of the 890 criminals are believed to have been Level 1 recidivist criminals,” the report added. “Level 1 are the most egregious criminal aliens, who pose a significant pubic safety risk.” Level 1 offenses, according to the report, include homicide, kidnapping, sexual assault, robbery, aggravated assault, threats, extortion, sex offenses, cruelty toward family, resisting an officer, illegal weapon possession, hit and run, and drug offenses accompanied by sentences of more than a year. . . .

ICE concurred with the IG report recommendations of conducting 100 percent screenings of all criminal aliens and enforcing the retention of all screenings and identifications of foreign-born inmates. “ICE estimates that 300,000 to 450,000 criminal aliens who are eligible for removal are detained each year at federal, state, and local correctional facilities,” the IG report stated.

Tags: IG Report, criminals, convicted felons, released, U.S., DHS, ICE, illegal aliens To share the post, click on "Post Link." Please mention / link to Blogs for Borders. Thanks!


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