[Congressional Record Volume 155, Number 54 (Tuesday, March 31, 2009)]
[Extensions of Remarks]
[Page E827]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  INTRODUCTION OF ILLEGAL IMMIGRANTS AND SENSE OF CONGRESS RESOLUTIONS

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                      HON. RODNEY P. FRELINGHUYSEN

                             of new jersey

                    in the house of representatives

                        Tuesday, March 31, 2009

  Mr. FRELINGHUYSEN. Madam Speaker, one of the primary responsibilities 
of each Member of Congress is to protect our nation and our citizens. 
Representing New Jersey, a ``9-11 State,'' it is an important duty, 
whether the issue concerns funding for programs designed to protect 
areas which are prime terrorist targets, or ensuring that our military 
forces and intelligence agencies are fully supported, or securing our 
borders and reforming our broken immigration system.
  In addition to restoring our economy with an effective stimulus that 
is targeted, timely and temporary, these are among the most important 
issues facing the nation today.
  But on occasion, serious events develop in a Member's Congressional 
District that must be brought to the attention of this House and the 
nation. My District in northern New Jersey is witnessing developments 
that cry out for correction.
  In April 2008, a 20-year old foreign national was arrested and 
charged with endangering the welfare of a child and aggravated sexual 
assault following an alleged attack on a 12-year-old girl. He was 
remanded to the Morris County, New Jersey jail where he remained until 
August when he was able to secure his release from Morris County 
custody by posting $50,000 bail. Aware that the Department of Homeland 
Security's Bureau of Immigration and Customs Enforcement (ICE) had a 
``detainer'' on the suspect, the Morris County Sheriffs Department 
transferred custody of the suspect to ICE.
  In September of 2008, the suspect was transferred to an ICE detention 
center in Louisiana where he appeared before an immigration judge and 
was ordered deported. Appropriate officials in New Jersey were never 
informed that this potentially dangerous suspect was about to be or was 
subsequently deported.
  Of course, the suspect failed to appear for his preliminary hearing 
in November 2008 in New Jersey, prompting a warrant to be issued for 
his arrest. He has subsequently been indicted on charges related to 
aggravated sexual assault on a minor.
  Of course, the deportation of this suspect will delay, if not 
prevent, the suspect from ever answering these serious charges in an 
appropriate U.S. court. As a result, a young New Jersey victim and her 
family have been denied justice.
  Clearly, the interaction between the state criminal code and federal 
immigration law is multi-layered and complex. In this incident, and 
another similar case where another foreign national charged with 
assaulting a nine-year-old girl is facing deportation,
  Madam Speaker, today I introduce two measures designed to bring the 
glare of public attention onto these outrageous situations.
  I am introducing legislation that provides an important new tool to 
states and local judicial officials as they work to bring to trial 
illegal immigrants charged with a serious crime. Our legislation would 
allow a state's chief executive or chief law enforcement officer, or 
that of a political subdivision, to request that the Department of 
Homeland Security stay the removal of an alien charged with an 
aggravated felony.
  This solution is by no means perfect but it attempts to strike a 
balance between our national desire to deport as many illegal aliens as 
possible as quickly as possible and the ability of victims of serious 
crimes to have their rights protected. Simply put, the federal 
government needs to think twice before handing the alien suspect in an 
aggravated felony a ``get out of jail free'' card. These matters are 
too important to be put on auto-pilot!
  I am also introducing a Sense of Congress resolution which directs 
DHS and ICE to develop an effective and efficient system of 
communication that allows state and local law enforcement and 
prosecutors to know, in a timely manner, when suspects charged in their 
jurisdictions with aggravated felonies are in the final stages of the 
deportation process.
  My colleagues, these measures are not parochial in their nature. 
These are not issues confined to one county in one state. I suspect 
that if Morris County, New Jersey is grappling with the dueling 
conflict between state criminal law and federal immigration process, 
then so are counties in your Congressional District. I urge you to 
check with your law enforcement and prosecutors back home and then co-
sponsor these two measures.

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