[Congressional Record (Bound Edition), Volume 160 (2014), Part 7]
[Senate]
[Pages 9888-9889]
[From the U.S. 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.
  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

[[Page 9889]]

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.

                          ____________________