It appears that one of the New York Four was not a U.S. citizen, he was Haitian and may be mentally ill. http://www.nytimes.com/2009/05/21/nyregion/21arrests.html and http://edition.cnn.com/2009/CRIME/05/21/ny.bomb.plot/index.html
This is instructive in two areas. First, again, in a major terrorist case, Immigration and Customs Enforcement was absent. This is not unusual, as despite its name, Department of Homeland Security, DHS and its component agencies, like ICE, have little or nothing to do with investigating terrorism. The FBI has primary jurisdiction, the resources, and training to conduct complex intensive terrorism investigations. It is unusual in that Janet Reno Napalitano has used her agency to identify white Americans as terrorist threats. http://federaleagent86.blogspot.com/2009/04/coming-tyranny.html
However, in this case, since one of the terrorists was an alien, ICE had legal jurisdiction. However, what ICE did not have was a Secretary of the Department of Homeland Security Jane Reno Napalitano who was interested in investigating a Muslim alien terrorist.
Janet Reno Napalitano and the Obama Regime have one agenda, and that is the whitewashing, so to speak, of radical Islam and aliens. The new emphasis of the Obama Regime is to leave as many aliens in the U.S. as possible for the upcoming amnesty and it appears that Laguerre Payen, the Haitian terrorist with a long criminal history, was one of those aliens that Obama and Napalitano wanted here. A fourfer: Muslim, Haitian, criminal, and terrorist.
Interestingly enough, Payen is supposed to be the target of the new, but unimplemented, enforcement strategy to replace the Bush enforcement strategy. http://federaleagent86.blogspot.com/2009/05/case-closed.html However, Payen is testimony to the ineffectiveness of a criminal alien centered enforcement strategy as it appears he has live comfortably here as a criminal alien and not been deported.
So, what we have is a Secretary obsessed with white American terrorists, over which she has no jurisdiction, while she ignores her responsibilities to find, arrest and remove alien terrorists, of which she wants to reward with an amnesty. Truly a bizaroo world.
I neglected to follow up on then mental illness aspect of Payen. Besides criminal activity, an immigrant can be deported for being mentally ill. And besided the government failing to deport Payen for his criminal activity, why was he allowed to remain here with his mental illness.
However, the DHS has continued to refuse to deport aliens with mental illnesses, continuing a policy started by George HW Bush and continued since then. Similarily, the GHW Bush Administration stopped enforcing the public charge or welfare use deportation charge. Illegally might I say, as the Immigration and Nationality Act require that aliens who meet exclusion or deportation charges have action taken against them. I will bet Payen and his family were welfare recipients as well. Just another example of the lawless federal government.