enforcement

Enforcement Comes First

There are many issues plaguing our nation’s immigration system, but the biggest problem is that immigration laws are not enforced. While presidents of both parties have not fully enforced our immigration laws, President Obama has made several moves to unilaterally gutthem altogether. In order to protect against this, it is essential that any immigration reform start with enforcement.

Over the last several weeks, the House Judiciary Committee, which I chair, has approved four bills focused on enforcement of the law. These bills would strengthen the interior enforcement of our immigration laws, remove the ability of the President to unilaterally shut down immigration enforcement, ensure jobs are preserved for American citizens and legal workers, reform the United States’ asylum laws, and make sure unaccompanied alien minors who make the dangerous trek to the U.S. are safely returned home.

The Legal Workforce Act (H.R. 1147) requires all U.S. employers to use E-Verify, a web-based system that checks the Social Security numbers of newly hired employees to help ensure that they are genuinely eligible to work in the United States. Expanding E-Verify nationwide is a critical component to the interior enforcement of our immigration laws and brings the employment eligibility system into the 21st century.The Asylum Reform and Border Protection Act (H.R. 1153) closes loopholes in current law that encourage illegal immigration, such as weak standards for asylum claims that enable the Obama Administration’s rubberstamping of fraudulent applications and policies, and effectively ends the current “catch and release” policies of the Administration that result in apprehended illegal immigrants being admitted into the interior of the country rather than being returned to their home country. In doing so, the bill restores the integrity of our immigration system so that it works better for our country and those truly persecuted in their home countries.

Another bill approved, H.R. 1148, introduced by Congressman Trey Gowdy, strengthens the interior enforcement of our immigration laws by granting states and localities the authority to enforce federal immigration laws and defunds President Obama’s unilateral executive actions on immigration.

Additionally, the bill makes our country safer by making it more difficult for foreign nationals who pose a national security risk to enter and remain in the U.S. The Protection of Children Act (H.R. 1149) ensures that unaccompanied alien minors who make the dangerous journey to the United States are safely returned home. For those who stay here with a sponsor while awaiting their immigration hearing, the bill provides for greater transparency and safety of these minors to ensure they are not inadvertently delivered into the hands of criminals or abusers.

By refusing to enforce the law, the President’s immigration policies collectively undermine our immigration system and send the message to the world that our laws can be violated without consequence.These four bills end many of the Obama Administration’s disastrous polices that wreak havoc on our immigration system and strengthen the interior enforcement of our immigration laws. I hope that the full House of Representatives will take up these bills soon. We must ensure enforcement of our immigration laws before we can address other broken aspects of the system.

Bob Goodlatte is the representative for Virginia’s 6th District in the U.S. House. Read more about Enforcement Comes First

Arizona residents, officials tell senators Southwest border ‘is not secure’

WASHINGTON – Local law enforcement must be involved in securing “the rural parts of the Southwest border,” which is still dangerously insecure, Cochise County Sheriff Mark Dannels told a Senate panel Tuesday....

“I want to be crystal clear: The border is not secure,” said Chris Cabrera, a Border Patrol agent who was testifying on behalf of the National Border Patrol Council.

Cabrera said some people don’t realize the extent of border issues because the Department of Homeland Security uses data that inaccurately shows that border patrol agents are “75 percent effective in apprehending illegal immigrants and drug smugglers.”

A more realistic metric is somewhere between 35 – 40 percent – and that percentage is even lower when dealing with experienced criminals in the drug cartels, he said.

Dannels said trafficking of drugs and people has “diminished the quality of life” for residents of Cochise County and placed “unbearable strain” on the county’s budget and resources.

Dannels laid the problem squarely at the feet of federal officials, whose changes to border priorities in the 1990s forced illegal activity into the rural areas along the border.

“I am not proud to say that today we are a product of the federal government’s plan,” Dannels said.

Dannels said that fear is rampant along the border – with many of his constituents afraid to leave their homes.

“It’s just a horrible way to live when we live in the United States,” he said.

Sen. John McCain, R-Ariz., said at the hearing that the border can be secured through proper use of assets, strategies and technology.

“Those who say, well you just can’t do it – they obviously are incorrect because every nation has the obligation to have a safe and secure border,” McCain said....

“Those that choose to live on our border should deserve the same freedom and liberty as those that live here in D.C., Iowa and beyond,” Dannels said.
  Read more about Arizona residents, officials tell senators Southwest border ‘is not secure’

DHS released another 30,000 criminal aliens onto streets

Federal immigration officers released another 30,000 immigrants with criminal records last year, following the 36,000 it released in 2013, the government announced Wednesday — though it promised to take steps to cut down on the problem.

U.S. Immigration and Customs Enforcement, the agency that handles detention and removal of illegal immigrants, said it will no longer allow overcrowding to be the main reason a dangerous illegal immigrant is released, and will require a top supervisor to approve the cases of any serious criminals that officers want to release.

Overall, ICE released 30,558 criminal aliens in fiscal 2014...

ICE said it lad little discretion over most of the criminals it released. The agency said under a previous court decision, immigrants whose home countries won’t take them back cannot be held indefinitely, so they have to be released after a period of time.

Republicans in Congress have proposed rewriting the law to allow for longer detention of serious criminals, and have called on the Obama administration to use existing powers to deny visas to leaders of countries that refuse to take their citizens back.

But the administration has declined to take those steps....

ICE didn’t release a breakdown of criminal offenses of the new 30,000 on Wednesday, but among the 36,000 released in 2013 were 193 homicide convictions, 426 sexual assault convictions, 303 kidnapping convictions and 16,070 convictions for driving under the influence of drugs or alcohol...

Jessica Vaughan, policy director at the Center for Immigration Studies, which exposed the first batch of 36,000 releases, said Wednesday that giving supervisors more review of each case isn’t a solution — it’s the root of the problem....

She said having more supervision of those released is a good step, but said it’s even more cost-effective to use expedited removal to kick criminals out of the country faster, She said ICE’s own analysis has found that using alternatives to detention, such as electronic monitoring or a phone-in system, turns out to be expensive because it results in drawn-out cases, and more fugitives who abscond.
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Practical thoughts on immigration

 
In this article, Heather Mac Donald gives a clear account of the dangers the U.S. faces from prolonged lax enforcement of the immigration laws, and she condemns the amnesty policies of President Obama.  Ms. Mac Donald has followed and written about immigration issues for several years; her article here underscores the urgency of restoring the rule of law in immigration matters.
 
Practical Thoughts on Immigration
by Heather Mac Donald, Manhattan Institute
In Imprinis, monthly speech digest of Hillsdale College, February 2015 | Volume 44, Number 2
 
The lesson from the last 20 years of immigration policy is that lawlessness breeds more lawlessness. Once a people or a government decides to normalize one form of lawbreaking, other forms of lawlessness will follow until finally the rule of law itself is in profound jeopardy. Today, we have a constitutional crisis on our hands. President Obama has decided that because Congress has not granted amnesty to millions of illegal aliens living in the U.S., he will do so himself. Let us ponder for a moment just how shameless this assertion of power is.
 
Article 2, Section 3, of the Constitution mandates that the president “shall take Care that the Laws be faithfully executed.” This provision assumes that there is a law for the president to execute. But in this case, the “problem” that Obama is purporting to fix is the absence of a law granting amnesty to millions of illegal aliens. Rather than executing a law, Obama is making one up—arrogating to himself a function that the Constitution explicitly allocates to Congress. Should this unconstitutional power grab stand, we will have moved very far in the direction of rule by dictator. Pace Obama, the absence of a congressional law granting amnesty is not evidence of political failure that must somehow be corrected by unilateral executive action; it is evidence of the lack of popular consensus regarding amnesty. There has been no amnesty statute to date because the political will for such an amnesty is lacking.
 
To read the rest of the article, click here:  http://imprimis.hillsdale.edu/
---------------------------------
Heather Mac Donald is the Thomas W. Smith Fellow at the Manhattan Institute and a contributing editor of City Journal. She received her B.A. from Yale University, and earned an M.A. in English from Cambridge University and a J.D. from Stanford Law School. She writes for several newspapers and journals, including The Wall Street Journal, The New York Times, The New Criterion, and Public Interest, and is the author of three books, including—with Victor Davis Hanson and Steven Malanga—The Immigration Solution: A Better Plan Than Today’s.
 
Her article, Practical Thoughts on Immigration, was adapted from a speech she delivered on February 18, 2015, at a Hillsdale College National Leadership Seminar in Naples, Florida.
 

Nationwide Sting Nets Immigrant Felons In Texas, Oklahoma

Federal immigration authorities say they have arrested more than 100 undocumented immigrants with prior criminal convictions living illegally in North Texas and Oklahoma.

U.S. Immigration and Customs Enforcement announced the arrests Monday as part of a five-day operation carried out last week.

Operation “Cross Check,” began Sunday, March 1, and ended Thursday, March 5.More than 2,000 people were arrested nationwide in the operation.

The 2,059 individuals with prior criminal convictions who were arrested include more than 1,000 individuals who have multiple criminal convictions. More than 1,000 of those arrested have felony convictions, including voluntary manslaughter, child pornography, robbery, kidnapping and rape.58 are known gang members or affiliates, and 89 are convicted sex offenders.

“This nationwide operation led to the apprehension of more than 2,000 convicted criminal aliens who pose the greatest risk to our public safety,” said Deputy Secretary of Homeland Security Alejandro Mayorkas. “Today, communities around the country are safer because of the great work of the men and women of U.S. Immigration and Customs Enforcement.”

ICE regional spokesman Carl Rusnok says 47 of the 109 people arrested regionally (Texas, Oklahoma) were convicted of felonies.

They include a Balch Springs man who was convicted this year of indecency with a child involving sexual contact.

In the nationwide sweep, 476 were illegal re-entrants who had been previously removed from the country.
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Kansas City-area hotel owner gets 27 months in prison for hiring workers illegally in U.S.

KANSAS CITY, Kan. — A suburban Kansas City hotel owner was sentenced Monday to 27 months in prison in a case that highlights the U.S. Justice Department’s shift to targeting employers who knowingly hire immigrants not authorized to work in the United States.

Munir Ahmad Chaudary, 53, and his wife pleaded guilty in July to conspiracy to encourage immigrants to reside unlawfully in the United States. His 42-year-old wife, Rhonda R. Bridge, was sentenced last month to 21 months imprisonment....

... U.S. Attorney Barry Grissom said in a news release. “You can go to prison for knowingly employing undocumented workers. Violating federal law is not a good business strategy.”

Prosecutors say that the couple replaced lawfully employed workers with immigrants not authorized to work in the United States ...

“The Chaudarys sought to game the system and gain an unfair business advantage over their legitimate competitors...

The U.S. attorney’s office said their investigation began in 2011 when the U.S. Department of Homeland Security and the Kansas Department of Revenue received information the hotels were unlawfully employing foreign workers. An undercover agent was hired in June 2012 even though he told his employers he was not authorized to work in the United States.
  Read more about Kansas City-area hotel owner gets 27 months in prison for hiring workers illegally in U.S.

Collapse of immigration law enforcement detailed to House Committee

 
Jessica Vaughan, a security expert with the Center for Immigration Studies, testified on February 25, 2015 before the House Committee on Oversight and Government Reform, Subcommittees on National Security and Health Care, Benefits and Administrative Rules.  The Committee was holding a Hearing to review DHS policies and procedures for the apprehension, detention, and release of non-citizens unlawfully present in the U.S. 
 
Ms. Vaughan’s lengthy testimony used the government’s own statistics along with information from sheriffs and ICE employees in the interior of the country, to describe in detail what the current, dangerous situation is.
 
Her statement begins:
 
 “…There can be no doubt that immigration enforcement is in a state of collapse. Border apprehensions, which are considered an indicator of illegal crossing attempts, are rising and many of the illegal crossers are being released into the country instead of repatriated. Hundreds of thousands of temporary visitors are overstaying their visas each year. Department of Homeland Security (DHS) statistics show clearly that over the last several years the number of deportations has plummeted and the number of illegal aliens allowed to stay and work in the United States has increased. The vast majority of illegal aliens residing in the interior face no threat of deportation, regardless of when or how they arrived, or if they have been deported before. Many deportable aliens who are encountered and apprehended by Immigration and Customs Enforcement (ICE) officers are released soon after, even if they have come to ICE's attention after being arrested by local authorities. 
 
"This state of affairs can be traced directly to policy changes put in place by the Obama administration. While administration officials claims that these policies are 'smarter and more effective' and allow the agencies to better focus on aliens who represent a threat to the public, in reality the intent, and certainly the result, has been the dismantlement of effective enforcement. It is no exaggeration to say that DHS is running a massive catch and release program.  …"
 
 

Saturday's OFIR meeting moving and maddening

In a moving presentation at the Saturday, Feb. 28 OFIR meeting, California father Don Rosenberg explained the tragic death of his son by a hit and run, unlicensed, illegal alien driver and the infuriating way in which he and his family were treated on the path to the prosecution of his son's killer.

Even with the gorgeous early Spring weather, a full house greeted Don as he unwound the story of what he and his family have endured.  It's enough to have to ever experience such an unimaginable loss, but even worse to think that our own government treated the criminal with more respect than the grieving family.

OFIR thanks Don and his family for his unending work in shining a light on the real problem - a government that won't enforce our laws and elected officials that are a disgrace as public servants.

  Read more about Saturday's OFIR meeting moving and maddening

DHS IG: Nearly 5,000 Aliens in Supervised Release Program Committed Crimes, Absconded

WASHINGTON — An estimated 5,000 aliens were either arrested for committing crimes or absconded over a three year period while they were participating in a supervision program that allowed them to be released from detention and into U.S. communities, the latest publicly available data shows.

In an audit released earlier this month, John Roth, the inspector general (IG) for the Department of Homeland Security (DHS), revealed that a total of 2,010 aliens were arrested for committing crimes while they were participating in a supervised release program in 2010 (576), 2011 (729), and 2012 (705).

Furthermore, the DHS watchdog found that a total of 2,760 aliens absconded while they were enrolled in the same scheme over the same period — 2010 (927),  2011 (982), and 2012 (851)...

“Under the program, ICE supervises aliens it has released from detention, and monitors them electronically,” explained the DHS auditor in a report on ICE’s alternatives to detention. “As a condition of release, ICE requires aliens to appear in immigration court for removal proceedings and comply with removal orders from the United States.”...

Roth concluded that it is uncertain whether the program has reduced the rate at which released aliens have absconded or committed criminal acts.

ICE releases aliens “by means of bond; order of recognizance (unsupervised); order of supervision (which can consist of nothing more than a periodic telephone call to a designated ICE telephone number); an alternative to detention (such as an electronic ankle bracelet, or other form of tracking device); or parole (a form of legal status),” explained the Center for Immigration Studies (CIS).

The inspector general revealed that 1,341 ISAP program participants violated the conditions of their supervised release, but added that ICE “does not have sufficient resources to re-detain participants who willfully violate [the program’s] terms of supervision, such as those who tamper with GPS monitors or miss appointments.”

ICE enrolls aliens in the program who are “at high risk of committing criminal acts, absconding, or violating the terms of their release” by committing crimes or failing to report, reported the IG....

Mr. Roth revealed that ICE lacks funding “for the number of beds needed to accommodate program violators.”

However, in responding to the report, ICE said it has sufficient detention capacity to accommodate non-compliant participants.

As of February 2014, there were 22,201 program participants.

Congress appropriated approximately $90 million for the program for fiscal year 2014.

According to the audit, ICE does not evaluate the rate at which aliens abscond after they are recommended for release.

In 2013, the CIS found, “ICE freed 36,007 convicted criminal aliens from detention who were awaiting the outcome of deportation proceedings.”

Among those aliens were criminals convicted of serious crimes, including homicide, sexual assault, kidnapping, and aggravated assault.

Also included were 16,000 aliens convicted of drunk and drugged driving.

Citing a DHS document, Chuck Grassley (R-IA), the chairman of the Senate Judiciary Committee, revealed that 1,000 of the 36,000-plus criminal aliens released in 2013 went on to commit new crimes, including drunk-driving, rape, robbery, and aggravated assault.
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Effective immigration law enforcement is ‘pro-immigrant,’ compassionate

 
Effective immigration law enforcement is ‘pro-immigrant,’ compassionate
By Michael W. Cutler, Senior Special Agent, INS (Ret.)
Senior Fellow, Californians for Population Stabilization
On CAPS website, February 17, 2015
 
For many years those of us who have called for the effective enforcement of our immigration laws and the securing of our borders have been accused of being “Anti-Immigrant” and have had a host of other vile epithets hurled at us by immigration anarchists who enrich themselves greatly through the callous and cynical exploitation of the very aliens they purport to support.
 
Those who exploit the failures of the immigration system include special interest groups and unscrupulous employers who know that foreign workers – both legally employed and illegally employed in the United States – accept lower wages under substandard conditions.
 
Additional exploiters include the U.S. Chamber of Commerce, immigration attorneys who in the flood of illegal aliens see clients and politicians who seek to not only accept campaign contributions from many of those who profit from the massive influx of foreign nationals but hope to garner votes along the way.
 
The exploiters demonstrate unmitigated chutzpah claiming that opening our borders to a human tsunami of foreign nationals from around the world is an act of compassion. Former Florida Governor Jeb Bush claims that it would be an “Act of Love” to provide lawful status for unknown millions of aliens who evaded the inspections process that is supposed to prevent the entry of international terrorists and transnational criminals among other categories of aliens deemed excludible under our immigration laws.
 
Jeb is “Looking for love in all the wrong places!”
 
Jeb and those of a similar mindset know damn well that such a massive amnesty program would do great harm to all Americans and that the greatest harm would be done to America’s black and Latino communities. He is no fool. The only conclusion that can be reached is that wealth and power are all that matter. For them, those who suffer as a result of the failures of the immigration system are simply “collateral damage.” They certainly know the damage being done even as they spout their rhetoric and false accusations. They simply do not care.
 
Click here to read the entire article.
 

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