U.S. boosts deportation of illegals

U.S. boosts deportation of illegals

By Jerry Seper
March 17, 2008

The Department of Homeland Security, continuing to enforce what it calls a "strict policy of arresting, prosecuting and jailing" illegal immigrants, deported a record number of those caught on the nation's borders last year — more than 280,000 in fiscal year 2007 compared with 186,000 a year earlier.

It was the largest number of illegals ever removed from the country in a single year.

The increase is attributable to what veteran law-enforcement authorities said is a revised apprehension process, adding that the department no longer is targeting only criminal illegals for removal, but seeks eventually to apprehend, charge and deport all those who cross illegally into the United States.

To that end, Homeland Security has initiated "Operation Streamline" along some sectors of the U.S.-Mexico border, which brings illegal immigrants into the U.S. criminal justice system, where they are prosecuted either for a misdemeanor on their first offense or a felony if they have been caught before.

"Under this program, individuals who are caught at certain designated high-traffic, high-risk zones are prosecuted and, if convicted, are jailed," Homeland Security Secretary Michael Chertoff said at a recent press briefing.

Mr. Chertoff noted that between October and December, the Justice Department prosecuted 1,200 cases under the new program and, as a consequence, apprehension rates dropped nearly 70 percent in those areas.

"When people who cross the border illegally are brought to face the reality that they are committing a crime, even if it is just a misdemeanor, that has a huge impact on their willingness to try again and on the willingness of others to break the law coming across the border," he said.

U.S. Immigration and Customs Enforcement (ICE) spokeswoman Ernestine Fobbs said the agency's Office of Detention and Removal Operations deported to 195 countries a total of 280,523 illegal immigrants during fiscal 2007 — which ended Sept. 30.

Through Feb. 18 of fiscal 2008, she said, the agency has removed 94,237 illegal immigrants.

 

But Operation Streamline is active only in particular areas along the Arizona and Texas borders, enforced by agents from ICE and U.S. Customs and Border Protection who seek to end the so-called "catch-and-release" of illegal immigrants along popular smuggling corridors.

 

Under the program, illegals caught entering the country are fingerprinted, prosecuted and can spend up to 180 days in jail.

 

Prior to the program, illegal immigrants from Mexico who did not have a criminal history were returned to their home country almost immediately, without jail time or a formal deportation order. Apprehended illegal immigrants identified as "other than Mexican," or OTMs, were given notices to appear at a future deportation hearing. The notices were referred to by the U.S. Border Patrol as "notices to disappear," since only about 13 percent ever showed up.

 

On average, about half of those caught at the Southwest border are Mexican nationals.

Currently, they face formal deportation procedures only in those limited areas covered by Operation Streamline or if they have been identified as convicted criminals.

 

Ms. Fobbs said that during fiscal 2007, a total of 136,712 Mexican nationals were returned home — 67,793 of whom were identified as criminal illegals.

 

Despite the praise it has received from members of Congress, Operation Streamline is not without its drawbacks and its future expansion is in doubt without a significant increase in federal funding.

 

The U.S. Marshals Service, which is responsible for returning illegal immigrants to their countries of origin, is strapped for both resources and manpower to conduct the program. The Justice Department, asked to prosecute the newly charged illegals, lacks the manpower to get the job done.

 

Congress appropriated $22 million to hire additional prosecutors, support staff and deputy U.S. marshals, and the administration is seeking $100 million for the Southwest Border Enforcement Initiative — to hire additional people to support the increased prosecutions.

 

Law-enforcement officials, however, also point to a lack of detention space as a critical concern, noting that border detention facilities already are overburdened by rising drug, sex and violent-crime cases. An internal report by the Marshals Service in January said "the sheer number of prisoners" along the border "makes finding sufficient detention space on a daily basis particularly challenging."

 

But the mission to apprehend convicted felons among those illegally in the U.S. remains a department priority. The agency now identifies and screens criminal illegals incarcerated in federal, state and local jails nationwide to ensure they are processed for removal at the completion of their terms.

 

In fiscal 2007, ICE initiated formal removal proceedings on 164,000 illegal immigrants serving prison terms for crimes they committed in the U.S., and has begun more than 55,000 formal removal proceedings against additional criminal illegals in the first quarter of fiscal 2008.

Too little, too late!

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YES - BUT there is some good news - we could fight to support these Senators (see below) and get our Senators to either join them or vote them out:

Senators Take Up Enforcement Measures The Senate attached an immigration enforcement measure sponsored by to it Sen. Jeff Sessions (R-Ala.) s Fiscal Year 2009 Budget Resolution before passage on March 13. The amendment would create a deficit-neutral reserve fund that fully covers completion of the 700-mile border fence and at least 6,000 National Guard troops at the border.  The fund also would cover: implementing the exit data portion of the U.S. VISIT entry/exit system at airports, seaports, and land ports of entry; training/ reimbursement for state and local immigration law enforcement under the Section 287(g) program; and expanding the zero tolerance illegal entry prosecution policy to all 20 border sectors. Unfortunately, Senators also defeated an amendment sponsored by Sen. David Vitter (R-La.) that would have prohibited funding for sanctuary cities that ignore immigration laws. Senate GOP Introduces New Immigration Package and Caucus Senate Republicans held a press conference on March 5 to showcase a package of 15 bills designed to make critical improvements to America’s immigration system. The coalition, led by Sen. Jeff Sessions (R-Ala.), called for full Senate consideration on each of the bills as amendments to any legislative vehicle deemed appropriate by Senate Republicans this year. Each bill in the enforcement-focused package is designed to represent a specific step toward: securing America’s borders; increasing enforcement at the workplace; and ultimately, restoring law and order to our nation’s broken immigration system. "One thing that is not offered here is amnesty," Sessions said. The package is also designed to illustrate achievable, bite-sized steps that the Republican coalition believes a bi-partisan Congress should be able to accomplish between now and November. Many of the ideas contained in the bills have already passed the Senate or been voted on before, but have yet to become law. NumbersUSA will provide more information on the legislation when it becomes available. Senators attending the press conference also used the event to announce the formation of the “Border Security and Enforcement First Caucus.” The principle mission of the caucus, which includes Republican Senators David Vitter (La.), James DeMint (S.C.), Jeff Sessions (Ala.), James Inhofe (Okla.), Elizabeth Dole (N.C.), Saxby Chambliss (Ga.), Johnny Isakson (Ga.), Richard Burr (N.C.), and Roger Wicker (Miss.), is to "promote a true, achievable alternative: attrition through enforcement and border security." The Caucus' press release further stated, "Living illegally in the United States will become more difficult and less satisfying over time when the government – at ALL LEVELS – enforces all of the laws already on the books.

Sessions S 2709:Mandatory Minimums for illegal entry : Senator Sessions’ bill would require those who illegally enter the U.S. or destroy border enforcement equipment to serve a “mandatory minimum” sentence of imprisonment. The sentences range from 10 days for a first-time violation to 20 years for felons and repeat offenders. Sessions S 2710: Social Security No Match Notices. Currently, employers cannot be penalized under the Immigration and Nationality Act for knowingly retaining workers with fake Social Security numbers.  These workers are identified when their names and Social Security numbers do not match records at the Social Security Administration; the SSA then sends a notice to employers informing them of their employees’ illegal status.  Last summer, DHS issued a “No Match” regulation, allowing them to send their own information about actions to be taken along with the SSA’s notice to employers.  Senator Sessions’ bill would allow DHS to find employers guilty under the Immigration and Nationality Act when they do not respond properly to the SSA and the “no match” notice. Sessions S. 2711: Worksite Enforcement Act ; This bill would create a database of workers called the Electronic Employment Verification System. It would require employers to use EEVS to identify their workers, and to fire the ones who can’t be confirmed as legal.  It also requires fines of up to $75,000 for employers who knowingly retain illegal workers.  Under this bill, SSA and DHS could easily share information, and the SSA would be required to issue fraud-proof Social Security cards. DeMint S. 2712: Complete the Fence Act of 2008: Senator DeMint’s bill will require the full 700 miles of fencing required by the Secure Fence Act of 2006 to be completed by the end of 2010.  Today, the only deadline in the Act is that the first 370 miles be completed by the end of 2008.  Additionally, the bill would clarify that the miles of “vehicle barriers” currently being used by DHS at parts of the border do not count towards the 700 miles. Inhofe 2715: The National Language Act of 2008: This act would clarify that English is the national language of the U.S., and that there is no requirement for documents and services to be presented in any other language. Domenici S 2716: The National Border Guard Act of 2008 National Guardsmen and Customs and Border Protection began placing National Guard troops along the border in 2006 as part of “Operation Jump Start.” The operation was very successful, with as many as 6,000 Guardsmen training and assisting the CBP over the past two years. However, Operation Jump Start is being phased out and is scheduled to be eliminated by this summer. This bill would allow Operation Jump Start to continue with 6,000 Guardsmen on our Southwest border and allow governors in border states to utilize their own Guardsmen for border control activities. Chambliss/Isakson S 2717: The Effective Immigration Enforcement Partnerships Act  of 2008 This Act contains provisions that promote cooperation between state and local law enforcement officials and the federal government on enforcement issues, including offering a training course for state and local officials on enforcement; compensating state and local offices for costs related to immigration enforcement; and clarifying rules that allow state and local officials to enforce federal laws. It also expands the “Immigration Violators File” to include aliens against whom a final order of removal has been issued; aliens who have signed a voluntary departure agreement; aliens who have overstayed their authorized period of stay and aliens whose visas have been revoked. Senator Barrasso:  Discouraging the Issuance of Drivers Licenses to Illegal Immigrants Act of 2008 Some states do not take the necessary steps to prevent illegal immigrants from obtaining driver’s licenses, and some even knowingly issue licenses to illegal aliens. Sen. Barasso’s bill would require states to verify an applicant’s Social Security number and immigration status before issuing them a license. States that do not comply will have 10 percent of their federal highway funding withheld. Senator Dole: S. 2719: Repeal of Clinton EO for English: President Clinton issued an executive order during his administration that required federal agencies to provide assistance to persons of limited English proficiency in their native language. Senator Dole’s bill would repeal that executive order, and would restrict the use of federal money to provide government services in a foreign language. Senator Dole: S. 2722: DUI and Illegals This bill would prevent immigrants with multiple DUI convictions from becoming legal residents or receiving benefits.

U.S. tries to shut revolving door of illegal reentry
The Los Angeles Times : March 16 , 2008 -- by Anna Gorman and Scott Glover
"Prosecutions are likely to continue increasing nationwide as ICE expands its work in jails. Congress recently appropriated $200 million for the agency, which Myers said would be used to develop technology and to work with local and state officials to identify more illegal immigrants behind bars."		Federal authorities are cracking down on immigrants who were previously deported and then reentered the country illegally -- a crime that now makes up more than one-third of all prosecutions in Los Angeles and surrounding counties, a Times review of U.S. attorney's statistics shows.   The surge in prosecutions reflects the federal government's push in recent years to detect illegal immigrants with criminal records in what may seem the most obvious of places: the state's jails and prisons.   Immigration authorities have long combed inmate populations for illegal immigrants, but additional money and cooperation with local law enforcement have fueled an increase in such cases by the U.S. attorney's office in Los Angeles. The illegal reentry charge is the single most prosecuted crime in the office.   Prosecutors filed 539 such cases in fiscal year 2007, making up 35% of the caseload, compared with 207 in 2006 -- 17% of all cases. Statistics for the first four months of this fiscal year show the trend continuing.   Federal authorities touted the recent effort, saying the prosecutions serve as a deterrent for those who see the border as a turnstile. They said they were targeting violent gang members, career criminals and drug dealers who have returned to the country after being deported -- many of them repeatedly.   "They are some of the worst of the worst," said Julie L. Myers, assistant secretary of Immigration and Customs Enforcement in Washington. "They are people that citizens of any community would want off the streets."   "I just wish that were true," said Jerry Salseda, a deputy federal public defender who has represented scores of illegal immigrants charged with reentering the country after having been deported. He and other critics say people who committed minor crimes years ago have been caught up in the wave of prosecutions.   Bruce J. Einhorn, a former immigration court judge, said the U.S. attorney's office should spend more resources going after smugglers rather than illegal crossers.   "That would do more to stop dangerous illegal immigration than by prosecuting a few more undocumented people who have reentered illegally," he said.   Einhorn also questioned the efficacy of the prosecutions, because people's motivations to return -- reuniting with small children and escaping poverty -- often outweigh time behind bars.   In years past, many of those now being prosecuted for illegal reentry would have simply been deported. Now they are being sent to prison first. Sentences can be as long as 20 years, but most defendants receive three to five years, prosecutors said.   Immigration and Customs Enforcement officials in Los Angeles are largely responsible for the recent spike in prosecutions. In 2006, they created a nine-person team to scrutinize inmate populations for potential prosecution. ICE officials also placed an officer in the U.S. attorney's office to serve as a liaison with immigration officials on these cases. In addition, ICE agents look for possible defendants -- primarily gang members -- in communities around Southern California.   Prosecutions are likely to continue increasing nationwide as ICE expands its work in jails. Congress recently appropriated $200 million for the agency, which Myers said would be used to develop technology and to work with local and state officials to identify more illegal immigrants behind bars.   The effort in Los Angeles was recently cited by U.S. Atty. Gen. Michael Mukasey, who said Justice Department officials were reviewing it "with an eye toward expanding it to the Southwest border districts" and elsewhere.   Thom Mrozek, spokesman for the U.S. attorney's office in Los Angeles, said the cases make up a large percentage of the overall number prosecuted by the office, but they do not represent an undue drain on resources or hinder other types of prosecutions. That's because the reentry cases are easy to prove, he said, rarely go to trial and don't require much time.   To win a conviction, prosecutors need to prove three things: that the defendant is in the United States, that he or she is not legally permitted to be here and that the person had been formally deported in the past.   A side benefit of such easy-to-prove cases is that they can be made when there isn't enough evidence to convict illegal immigrants on other charges, said Mark Krikorian, executive director of the Center for Immigration Studies, a group that advocates tighter enforcement of immigration laws.   It's the same idea as when "you send Al Capone to jail for not paying his taxes," he said.   Curtis Kin, chief of the Domestic Security and Immigration Crimes Section of the U.S. attorney's office, which was created in 2006 in part to prosecute illegal reentry cases, chafed at the notion that most defendants are sympathetic.   "The people we go after are demonstrated threats," he said. "The No. 1 reason to do this is to protect the community."   As evidence, he pointed to the cases of two gang members charged after a jail sweep in December dubbed "Operation Winter Warning."   One of them -- Julio Cesar Mata-Sosa, a member of the Radford Street gang in North Hollywood -- had been deported seven times from 1998 to 2006, authorities said. His criminal resume included convictions for burglary, robbery, vehicle theft, cocaine possession and sales, and presenting false identification to a police officer.   The other, Ascension Hernandez-Perez, a Valerio Street gang member, was deported seven times from 1999 to 2004 and had previously been convicted of burglary, assault, battery, cruelty to a child, spousal battery and making terrorist threats, authorities said. Both men have pleaded guilty to illegally reentering the country after having been deported and are awaiting sentencing.   Defense attorney Yolanda Barrera, who handles several of these cases each year, says not every illegal reentry case features a hard-core criminal with multiple deportations.   "They could be a priest, they could be a nun; it doesn't matter," she said. "If they are here illegally, they have previously been deported and they have an aggravated felony, they are going to be prosecuted."   She recently defended a woman named Leticia Esparza, a former gang member who was sentenced to five years in prison on a 1997 drug sales conviction before being deported. Esparza was deported in 2000 and returned to the U.S. the same day because her two U.S.-born daughters were still here.   After returning, Esparza, now 37, left the gang, got her tattoos removed and started working selling cosmetics and had four more children.   Esparza was rearrested last June after police said she tried to cash a stolen check. Barrera said she was able to prove that the check was not stolen, but Esparza was still prosecuted for illegal reentry after deportation and sentenced to one year in federal prison. The prosecutors had pushed for a 37-month sentence, Barrera said.   "I can understand the law is the law," Barrera said, "but to send her to prison for what they wanted -- I think that's outrageous."   Even within the U.S. attorney's office, some prosecutors -- particularly veteran lawyers who have risen to supervisory levels -- have regarded the cases as distractions that take time away from more meaningful work.   William Carter, who was chief of the environmental section when he resigned in 2006, said he recalled some illegal re-entry cases that were triggered by relatively minor crimes such as DUIs, traffic offenses and even jaywalking.   "With some of these cases, why are we bothering?" he said. "You need to do something about the border. You don't do it by throwing people in jail."

Senate passes Sessions' immigration bill
Montgomery Advertiser (Ala.) : March 14 , 2008 Sessions S 2709:Mandatory Minimums for illegal entry : Senator Sessions’ bill would require those who illegally enter the U.S. or destroy border enforcement equipment to serve a “mandatory minimum” sentence of imprisonment. The sentences range from 10 days for a first-time violation to 20 years for felons and repeat offenders.
"Sessions tacked his amendment onto the budget resolution, a non-binding bill that lays out the fiscal priorities of the federal government. His amendment also would include funding to expand a program that arrests and imprisons all people convicted of illegally crossing the border and deportation of illegal immigrants who are convicted of felonies."		The Senate passed Sen. Jeff Sessions' measure Thursday that would toughen laws on immigration, add funding to complete more fence along the Mexican border, increase the National Guard presence on the border and train more local law enforcement to enforce immigration laws.   "This Senate has repeatedly voted on issue after issue after issue that would move us to a lawful system of immigration but for one reason or the other those votes have not been translated into action or funding," said Sessions, R-Mobile. "As a result, we have not made the progress we should have made."   Sessions tacked his amendment onto the budget resolution, a non-binding bill that lays out the fiscal priorities of the federal government. His amendment also would include funding to expand a program that arrests and imprisons all people convicted of illegally crossing the border and deportation of illegal immigrants who are convicted of felonies.   Sen. Robert Menendez, D-N.J., opposed the measure, saying the National Guard is stretched thin serving in Iraq, Afghanistan and handling state weather emergencies. Many provisions in Sessions' bill already have been tried, he said.   "They have not succeeded."   Sen. Richard Shelby, R-Tuscaloosa, also voted for the measure, which passed 61 to 37.

Thanks CJBL.

From your article.  "no longer is targeting only criminal illegals for removal" 

Huh?  All illegals are criminals.

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Yeah - I saw that - but at least they are now doing something - but much more could be done!

BUT the key is we need to pressure our Senators who aren't in the “Border Security and Enforcement First Caucus” to join.

We need them to look us in the eye and tell us why they won't?

If they won't then they need to be voted out of office!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

YES Galeon -- ALL illegal immigrants are criminals!  BUT, our politicians want to keep pushing toward amnesty so they minimize that by shifting to only those who have commited crimes other than illegally crossing our border!  I know -- it's ALL politics and about what's good for business (in the short term IMO -- it will catch up someday when too late)!  You notice that politicians still ONLY talk about the low-end estimate of ONLY 12 million illegals needing to be dealt with!  America had better wake-up!

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Illegals are criminals, and the ones who find excuses for them are as well.  Throw them into jail with the rest, preferrably in Sheriff Joe's facilities, make a fenced in path straight down to the borders and get cracking the whip on all of them.  OK, put in some drinking fountains and some shade on the way, I am not heartless. Just do it.

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