Tuesday, May 19, 2009

How To Not Succeed In Immigration Enforcement Without Really Trying

The Obama Regime has announced a new immigration policy: We will deport all those criminal aliens first, trust me. http://www.washingtonpost.com/wp-dyn/content/article/2009/05/18/AR2009051803172.html?hpid=topnews&sub=AR

This however is like a beard, designed to fool the public with the appearance of heterosexuality, with the actual practice remaining hidden. The Obama Regime plans to deport over a million illegal aliens a year by screening all arrestees at local jails, but, the program at the jails only identifies illegal aliens, it does nothing to ensure the illegals are taken into custody and deported.

In reality, once an illegal alien is identified, that alien needs to be interviewed by an Immigration and Customs Enforcement agent. Then the extensive paperwork needs to be completed, and, finally, the alien needs to be placed in removal proceedings.

Here things get complicated and, more importantly, become very slow. Most bureaucracies move slowly, but with deportation they get even slower, as they are delayed by the presence of an attorney representing the alien. In fact, many of the aliens identified will be legal, as most illegal aliens have not had contact with the immigration bureaucracy. Those with any contact with the immigration bureaucracy are as likely to be her legally as illegally. Most will be legal permanent residents, who just cannot be deported. They get a hearing and since they are legal until a hearing officer with the Executive Office for Immigration Review (EOIR) revokes their legal residency, they are generally released from custody, as no proceedings take place until their criminal proceedings and/or sentence are completed.

While the law says that all aliens with criminal histories are to be held in custody and those in custody get near immediate hearing dates, in practice, most legal permanent residents with criminal histories are released and given hearing dates as far as a year from the date of release, sometimes more. And that is only the initial, or master hearing, where the alien either admits and acquiesces to deportation or states that he will challenge deportation. If a challenge is made, that delays deportation even further. Even in custody, most aliens do their utmost to drag out the procedure in hopes that the government will succumb to either political pressure to halt the proceedings or make an error in the case that will result in release, then the alien usually disappears depending on the likelihood of either avoiding or overturning a deportation order.

Many have played this game, especially Somalians, who have used the courts for decades to avoid deportation.

So, any claim by the Obama Regime to deport a million illegal alien criminals is nonsense. Even more than the legal system, ICE does not have enough agents to do the work of removing a million illegal aliens. Even if the aliens were those actually in the U.S. illegally, if even a small fraction of those illegals chose to challenge their removal, that would overwhelm the EOIR court system.

The missing item from this plan by Obama and Napalitano to remove a million illegal aliens, is expedited removal. Expedited removal, whereby certain classes of removeable aliens are denied any EOIR or federal court review, is being used on the border to remove aliens applying for admission at Ports-of-Entry or certain aliens who enter illegally close to the land borders within two weeks of being apprehended, but that law also authorizes expedited removal of criminal aliens as well, but no administration, Clinton, Bush, or Obama, has applied that part of the law to criminal illegal, much less legal residents who have criminal convictions.

What the plan appears to be is that the mantra will be we are removing criminal aliens and that is our priority, with other illegals being not a lesser priority, but no priority. We already see that in the orders to stop employment raids and we even see it in the above story where an ICE spokesman says that there will be a priority among priorites for the worst offenders, who, by the way, are deported in the usual manner already:

"Venturella said ICE will give priority to deporting the most dangerous offenders: national security risks or those convicted of violent crimes. Based on initial projections, the agency estimates that 100,000 of these are "Level 1 offenders" and that deporting them would cost $1.1 billion over four years. Removing all criminal illegal immigrants would cost $3 billion, ICE estimated last year. "

What you don't know is that Level 1 offenders are already a priority because even Jorge Bush knew that the deporation of murders, rapists and terrorists was a good idea. However, the Obama Regime is already admitting that it cannot, or will not, deport all criminal aliens.

So, with much fanfare the new policy is announce, but no real changes will occur, for the simplest of reasons, not enough employees to remove all the aliens, and, by the way, Napalitano objects to local agencies enforcing immigration law and she has promised to reign in those local agencies assisting ICE in presenting cases directly to the EOIR. So, the Obama Regime says it will increase removal of criminal aliens, but rejects the force multiplier for ICE by using local agencies to directly present deportees to the EOIR, the Obama Regime fails to hire sufficient numbers of agents to manage the removal of over a million illegals, ignores the reality that court proceedings will slow down any program, and refuses to use the legal tool of expedited removal that it has for criminal aliens.

So there will be much sound and fury about criminal aliens, but all will stay the same, with just even lesser effort against the run of the mill illegal without a criminal record or arrest, other than the fact that the alien is illegal for a reason.

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