Janet Reno Napalitano continues with her deliberately deceptive campaign to aid and abet illegal immigration. The most recent tactic is the claim that the Department of Homeland Security is concentrating on criminal aliens. Part of that is the problem with illegal aliens who return to the U.S. after deporation. That is a separate criminal offense, 8 U.S.C. § 1326, Re-entry After Deporation. There is little to stop illegal aliens from returning to the U.S. There is still no fence, as only about 100 miles of single or double fencing has been built. Most previous deportees just run over the border, or enter on the land borders with counterfeit or stolen/purchased real documents, such as border crossing cards. Mexicans routinely sell those documents to other Mexicans and there is no penalty for "loosing" your border crossing card and no penalty for not reporting that loss. Even worse, DHS active collaberates with those Mexicans using stolen/purchased/counterfeit documents on the land borders. Why, because Customs and Border Protection (CBP), the agency charged with actually inspecting and processing aliens applying for admission at the border, does not validate documents presented to it by Mexicans crossing the land borders. CBP has the technology to validate every green card and border crossing card used by Mexicans to cross the land borders but does not. It does not because it will find out that most green cards and border crossing cards held by Mexicans in the border areas are used fraudulently. With no penalty to fraudulent use of documents for either the buyer or seller, there is no incentive to not participate in the fraud. And CBP and DHS don't want to know the extent of the problem and the local politicians consider the border cities to be one "community", legal and illegal are the same. So nothing is done about it.
But one of the benificiaries of the see no problem crowd is the previously deported who use the real and counterfeit documents of the local populace. They come and go despite the claims by DHS that they are concentrating on the criminal alien problem.
To compound the dishonesty, DHS and the Department of Justice have claimed that they are cracking down on criminal aliens who return after deportation.
http://www.azcentral.com/arizonarepublic/news/articles/2009/08/16/20090816borderreturns.html (h/t American Patrol http://www.americanpatrol.com/)
However, their statistics are misleading. They claim a 150% increase in criminal prosectutions nationwide. The devil is in the detail, as a 150% increase depends on the base. If DHS and DOJ were only prosecuting, say, 1% of previous deportees, and lets keep it at those aliens previously ordered deported not those who benefited from Voluntary Removal, VR, that is Mexican citizens captured by the Border Patrol and returned to Mexico without proceedings, what is that impact on a 150% increase? Suppose that in the Central District of California, Los Angeles, the standard for prosecuting a deported alien, was at least 10 previous deportations and at least three violent felony convictions? That is basically the standard throughout the U.S. for prosecution of previously deported aliens by the Department of Justice. That is why there were so few prosections of deported aliens and it is why a 150% increase in prosecutions is of so little impact on illegal immigration.
A previously deported alien has little to worry about regarding prosecution for re-entry after deporation. And if he is caught, he gets little or no sentence, with the usual sentence being time served, as most cases are prosectuted under standard plea agreements and fast-track proceedures in federal court. http://www.criminaljustice.org/public.nsf/ChampionArticles/99nov03?OpenDocument And result in little prison time.
So, again we have sound and fury from Janet Reno Napalitano and her minion John Morton of ICE, meaning nothing.