[Congressional Record Volume 146, Number 14 (Tuesday, February 15, 2000)]
[Extensions of Remarks]
[Pages E139-E140]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               THE ILLEGAL ALIEN PROSECUTION ACT OF 2000

                                 ______
                                 

                            HON. MATT SALMON

                               of arizona

                    in the house of representatives

                       Tuesday, February 15, 2000

  Mr. SALMON. Mr. Speaker, I rise to introduce the Illegal Alien 
Prosecution Act of 2000. The bill prohibits INS officials from 
deporting illegal immigrants accused of violent state crimes upon the 
request of local officials. Additionally, the bill would facilitate the 
apprehension and prosecution in the United States of criminal illegal 
aliens who attempt to re-enter the United States.
  The United States has become a consequence-free zone for criminal 
aliens. Flawed deportation policy, less than perfect communication 
between the INS and county prosecutors, and misguided efforts on the 
part of local prosecutors and judges to secure adequate bonds have 
created a climate where criminal aliens can engage in lawless behavior 
without the fear of prosecution or incarceration.
  The revolving door of illegal criminal aliens committing serious 
state crimes, being deported, then returning to the United States to 
commit even more serious crimes is the result of a loophole in the INS' 
voluntary deportation program. The program is intended to reduce 
administrative burden on the INS and the courts by expediting the 
deportation of aliens whose only offense is illegal entry into the 
United States. Unfortunately, illegal aliens charged with much more 
serious state crimes such as armed robbery, manslaughter, and drug 
trafficking are also being deported by this same process, often before 
they have even faced trial. After they have been returned to their 
native land these illegal aliens almost never face prosecution or 
incarceration.
  The scope of this epidemic was detailed in a report by the East 
Valley Tribune which revealed that from October 31, 1998, to July 31, 
1999, the INS deported 3,361 illegal immigrants who either made bail or 
were released before trial. To make matters worse, many of these alien 
criminals illegally return to the United States and only face 
prosecution if they commit additional, even more serious crimes.
  The effect of this flawed policy has been devastating. In the last 
two years, two illegal immigrants have shot police officers in the 
Pacific Northwest after slipping through our immigration system. In one 
incident, an illegal alien with a vast criminal and deportation history 
killed an officer in Washington after being released from prison and 
deported to Mexico 5 months earlier. My home state of Arizona has 
experienced similar carnage. A deported defendant came back across the 
border illegally and is one of three men suspected of killing a Phoenix 
police officer.
  And let's not forget the high profile case of Rafael Resendez-
Ramiriez, the railroad serial killer. INS officers detained him as he 
attempted to cross the border illegally. But, within 24 hours, they 
quickly deported him back to Mexico even though the FBI suspected him 
of being involved in four murders.
  As the previously mentioned incidents clearly illustrate, the INS 
must improve their communication with state authorities. In 1998, the 
Inspector General notified the INS that only 41 percent of deported 
illegal aliens were being processed by INS' new border patrol database 
system. In a letter to INS Commissioner Doris Meissner, he told her 
that ``this results in previously deported aliens (including aggravated 
felons) being released from INS custody when subsequently apprehended 
because INS is unaware of their immigration or criminal histories.''
  Some progress has already been achieved in remedying this breakdown 
ofKyl and I have held with local prosecutors, magistrates, and INS 
officials, actions have been taken in my State to address this 
situation. Our meetings also prompted Judge Reinstein, the Associate 
Presiding

[[Page E140]]

Judge of Maricopa County, to issue a memo to his judges that directed 
them when determining bond to ``consider the factor whether the accused 
is an illegal alien and that they have a hold placed on them.'' He 
continued that ``if you don't give these factors consideration you are 
practically guaranteeing they will not appear in the future.''
  Additionally, the INS and Maricopa County Attorney's office have 
agreed to change their procedures and communicate more regularly and 
efficiently so that, among other things, the county attorney's office 
will be armed with greater information when they fight for appropriate 
bail. More importantly, the new procedures should help ensure that no 
illegal immigrant (who commits a felony) is deported without the 
knowledge of all parties.
  These significant advances should help reduce the number of illegal 
aliens charged with violent crimes from being deported without facing 
justice. I commend all of the state, local, and federal officials I met 
with for implementing important changes on their own accord. However, 
legislative language is still necessary to close the loophole in 
current law which allows INS to deport criminal illegal aliens before 
they face justice.
  Under the Salmon bill, local or federal officials may request that 
INS not remove an individual accused of a state crime. And if the crime 
is a serious, violent felony as defined by 18 U.S.C. 3559, the Attorney 
General must detain the accused. For all other crimes, the Attorney 
General has the final say. The bill would only apply to individuals who 
have entered the United States illegally. This change in law will 
protect us all when, for whatever reason, an illegal alien accused of a 
serious state crime succeeds in posting bond. It is our safety net.
  Of course, performing these new responsibilities likely will require 
additional resources for INS and the states. To that end, I will work 
to help secure the appropriate funding needed to carry out these 
duties. In the meantime, my legislation will provide the authority to 
act now.
  It is an insult to victims and their families when an illegal alien 
accused of a violent crime in America is deported before he or she 
faces trial. The Illegal Alien Prosecution Act would close the loophole 
in current law which allows INS to remove illegal aliens accused of a 
serious state offense prior to trial. I urge my colleagues to cosponsor 
my bill.

                          ____________________