[Congressional Record Volume 160, Number 90 (Wednesday, June 11, 2014)]
[Senate]
[Pages S3599-S3600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RELEASE OF CRIMINAL ALIENS
Mr. GRASSLEY. Mr. President, in the last few weeks, startling data
from the Obama Administration has revealed that the Department of
Homeland Security has released over 36,000 aliens with criminal
convictions into the United States.
According to responses to some Members of Congress, Secretary Johnson
has acknowledged that 36,007 convicted criminal aliens were released
from Immigration and Customs Enforcement custody in fiscal year 2013.
Many of these aliens had multiple convictions. In fact, among the
36,007 aliens released, they had nearly 88,000 convictions.
Data prepared by ICE, and reported by the Center for Immigration
Studies, shows that among the criminally convicted aliens released into
American communities were: 193 homicide convictions, including one
willful killing of a public official with a gun, 426 sexual assault
convictions, 303 kidnapping convictions, 1,075 aggravated assault
convictions, 1,160 stolen vehicle convictions, 9,187 dangerous drug
convictions, and 16,070 drunk or drugged driving convictions.
I have repeatedly said that this administration has failed the
American public by refusing to enforce the laws on the books. This
administration has turned a blind eye to those who have broken the law
and have irresponsibly exercised their executive authority to find a
way to allow people here unlawfully to remain in the country.
[[Page S3600]]
In failing to enforce the immigration laws, the administration has
betrayed its responsibility to protect the public safety of the
American people.
President Obama's administration has continually stated that they are
focused on enforcement against the worst of the worst convicted
criminals. Yet they are releasing thousands of aliens every year with
serious and, in many cases, violent criminal convictions.
ICE has responded to criticism by declaring that many of the
individuals released were under supervisory restrictions. These
restrictions range from bond to ankle bracelets to a periodic telephone
call to a designated ICE phone line. Some individuals, however, are
issued an order of recognizance and therefore are under no supervision
at all.
Is the American public supposed to feel safer because the same
administration that released violent criminals into our communities
claims to be monitoring them? Is the American public supposed to trust
these aliens convicted of crimes and are here unlawfully to follow the
terms of their release?
Despite requests, ICE has failed to specify the nature of the release
conditions placed upon these violent criminal aliens. In the interest
of public safety, we should all demand to know the release conditions
of those aliens released who have been convicted of violent crimes.
The administration is also claiming that many of the individuals they
released in 2013 were due to the 2001 U.S. Supreme Court decision in
Zadvydas v. Davis. This decision limited the Federal Government's
ability to detain aliens who have been ordered removed.
This case sets the pitiful precedent that aliens subject to final
orders of removal, including ones convicted of a crime, cannot be held
longer than 6 months and will be released in the United States if their
home country refuses to take them back or their home country simply
delays the U.S. government's request for a travel document. Other
countries know that--because of the ruling in Zadvydas--they can simply
run out the clock on issuing travel documents for the criminally
convicted individual. Therefore, we have aliens, with no legal right to
be in the United States, unwanted by their own country, being released
into the country by our own administration.
This Supreme Court decision has had a detrimental effect on our
ability to obtain travel documents from foreign countries and
effectuate removal orders. Many countries refuse to take back their
criminal aliens, leaving us no choice but to release them into our own
communities.
This precedent needs to be corrected. The administration has relied
upon the ruling in Zadvydas to release thousands of criminally
convicted aliens. However, they have refused to help fix it. In fact,
the Senate immigration reform bill that they supported does not include
a fix to the 2001 Supreme Court decision. They have not asked Congress
to extend the length of time they are allowed to detain foreign
nationals with final orders of removal.
That is why I am cosponsoring the ``Keeping Our Communities Safe
Act'' being introduced today by the Senator from Oklahoma. His bill
would close the legal loophole that requires ICE to release dangerous
criminals onto the streets of America. It would allow ICE to detain
non-removable immigrants beyond six months if the alien is a national
security threat or is a threat to the safety of the community and has a
past violent crime conviction.
In addition to hiding behind the Supreme Court decision, the
administration has refused to use the tools at its disposal to get
countries to cooperate. Federal law allows the Secretary of State to
discontinue granting visas to all residents of a country that refuses
or unreasonably delays taking back its aliens facing deportation from
the United States.
Secretary Johnson, at a House Judiciary 2 weeks ago, acknowledged
that in his capacity as Secretary, his department has never asked the
Department of State to use this authority. This visa sanction authority
has only been invoked one time, in 2011 against Guayana, within 2
months Guayana issued travel documents for 112 of 113 aliens ordered
removed from the United States to Guayana. This tactic has been proven
effective and Secretary Johnson should be employing this measure.
Of the 36,000 persons released in 2013, ICE claims that 3,652 were
due to the 2001 Supreme Court decision. So, only a small portion of
those released were mandatorily released under Zadvydas.
While thousands of criminally convicted aliens have been released
into the United States, both at ICE's discretion and due to bad Supreme
Court precedent, President Obama has called for a reduction of
immigration detention capacity by 10 percent.
The simplicity of this idea seriously calls into question this
administration's management capabilities. The fact that thousands of
people are being released from detention clearly suggests that ICE
needs more beds, not less, in order to avoid releasing more criminally
convicted aliens into America.
This administration is knowingly putting the safety of the American
people at risk. Releasing violent criminals into the American
population should cause great doubt about this administration's ability
to enforce current immigration laws.
ICE needs to provide the American people with more information about
the criminal aliens it releases. ICE needs to tell the American people
what terms of release are given to what criminal offenses. ICE needs to
tell the American people what types of criminal offenses it deems
appropriate to release at their own discretion.
ICE needs to tell the American people how many of these criminally
convicted aliens comply with the terms of their release. ICE needs to
tell the American people how many of these criminally convicted aliens
commit further crimes after being released. ICE needs to tell the
American people how many of these criminally convicted aliens who are
released become fugitives.
This administration tells us to trust them. They say they are
removing more people than ever before. They claim the immigration bill
passed by this body will solve our problems. Yet they have failed us
and the American people. They continue to turn a blind eye to
lawbreakers and refuse to take this matter seriously.
There should be more outrage about the news coming from this
administration. Releasing 36,000 criminal aliens is a serious matter
and one that better be fixed soon for the sake of the American public.
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