The radical left, in conjunction with sympathizers in the Obama Regime have started their campaign to end the detention of illegal aliens. http://www.ilw.com/articles/2009,1021-kerwin.pdf
In a boring and tendentious report that actually provides little real information, it demands that fewer illegal aliens be detained before they are deported. Instead of referring to the illegal aliens as aliens, it repeatedly calls them "noncitizens," seeking to change the debate by controlling the language. One would think that in an allegedly scholarly report, they could get the most basic things correct. The correct way to refer to a person who is not a citizen or national of the United States is "alien." That is the law, but immigration attorneys and their allies obviously think they are above the law.
The report also repeatedly refers to deaths of aliens in detention, slyly insinuating that large numbers of aliens are dying in DHS custody. They ghoulishly refer to the fact that DHS updated its statistics of deaths in custody from their last report on detainee deaths. You would think from the body of the report this was a yearly, monthly, weekly or daily uptick in deaths, but what they don't report is that it is 10 deaths covering fiscal years 2004 through 2007. http://www.ilw.com/articles/2009,1021-kerwin.pdf Such Clintonian dishonesty is to be expected from leftwing groups, working on this report interestingly with assistance from Associated Press. So, ten additional deaths in custody over four years, not much at all.
As a matter of fact, deaths in ICE custody are below the average death in custody rates for all agencies that hold anyone in custody, such as the Federal Bureau of Prisons and the various State, local and territorial prison and jail systems.
What they also don't point out is that for every alien in custody for removal proceedings or aliens previously ordered removed, there are literally tens of thousands not in custody. The report appears angered that there are approximately 32,000 aliens in custody at any given point in time. The are also angry that the number has expanded since 1994. This is typical misdirection and dishonesty from the left, as they don't tell you that the population of aliens in the U.S. has greatly expanded since 1994. The illegal alien population alone is 12-20 million, the legal alien population of the U.S. as of 2007 was 37.9 million. http://www.cis.org/immigrants_profile_2007 This does not include admission of non-immigrant aliens, basically temporary visitors for business, employment, tourism or personal business, which as of 2008 was 175 million aliens. http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ni_fr_2008.pdf And the leftists are shocked that there are 32,000 removable aliens in custody? Sounds like too few rather than too many.
Of course their solution to the "problem" of aliens in custody was to release more. They cheer that aliens in monitoring programs are showing up to their removal proceedings, but don't give statistics for those aliens then ordered removed but not held in custody. The rate of aliens not held in custody who actually are removed is about only about 2%. Not good statistics. Their statistics would only be good if aliens were taken into custody once they were ordered to be removed, but that does not occur. http://www.cis.org/DeportationSystem
The most glaring omission from the report though is the most obvious, expedited removal, the legal process that Congress created for illegal aliens, including aliens convicted of crimes. The report refers briefly to it, but does not acknowledge that expedited removal of other than arriving aliens is not being used and that for arriving aliens is little used. The best way to clear out the backlog of long term detention is aggressive use of expedited removal.
Use and expansion of expedited removal, coupled with forcing receiving nations to accept their deportees would be the first part of the solution. In their report, they cite two cases of aliens held for years who have yet to be removed. In the case of a Vietnamese national they don't admit that he is a criminal alien and then only hint at it in a second example, a Cuban national, who they admit last place of residence was the U.S. Penitentiary in Terre Haute. Well, there is a good reason he is in custody for such a long time, he is a dangerous criminal and the Cuban government refuses to accept him back. They refused to hint at the case of the Vietnamese man in custody for 9 years, claiming he is not a criminal, but he is clearly either dangerous to the public or is refusing to cooperate with deportation. The Vietnamese government is also probably refusing to accept him back, just as Cuba, Somalia, China, Russia and other countries do. The best solution to this problem is not releasing the alien, but either forcibly returning the alien, or, more effectively, informing uncooperative governments that no immigrant or non-immigrant visas will be issued to citizens or nationals of governments that do not accept back their citizens. The Obama Regime has just recently cancelled non-immigrant visas of Honduran officials who have displeased the Obamessiah, so it is an acceptable option.
Another solution that the report ignores is what we do everyday with illegal aliens from Mexico caught by the Border Patrol. They are repatriated directly and without proceedings. This is called Voluntary Removal or VR. Just expand this program by making it mandatory for Mexican and Canadian citizens or residents.
But one must understand the motive behind this report. It goes hand in hand with the upcoming amnesty, with the radical left desirous of having as many illegal aliens in the U.S. when it arrives. The custody system discourages aliens from fighting removal, generally the longer they are in custody, the more likely they are to acquiesce to removal. The last amnesty proposal under the Bush Administration included amnesty for absconders and those in removal proceedings at the time, so more released from custody meant more aliens available for amnesty. That is their ultimate goal with this tendentious report.