Illegal alien criminals must be released after 6 months?

The Washington Examiner reports:

The Center for Immigration Studies (CIS) has released a study by Jessica Vaughn, director of policy studies at CIS.

“ICE reported that there are 156 criminal aliens who were released at least twice by ICE since 2013. Between them, these criminals had 1,776 convictions before their first release in 2013, with burglary, larceny, and drug possession listed most frequently.

Wouldn’t take them back?  Then why must we? should be the follow-up.

(For those who wish to discredit the report and shoot the messenger, I have provided a link.)  However, the facts and the ICE commentary cannot be dismissed.

Government officials clarify (official report):

Many of the individuals described in the report were released under restrictions such as GPS monitoring, telephone monitoring, supervision, or surety bond.

In some of the releases in 2013, ICE was required by law to release the individuals from custody, pursuant to decisions by the Supreme Court and other federal courts.

The basis for the courts to require the releases (the 75% number) of these aliens is apparently a series of cases referred to as the Zadvydas cases.  Here is a snippet of the “logic” from the Ninth Circuit court:

Kim Ho Ma, respondent in No. 00—38, is a resident alien born in Cambodia who was ordered removed based on his aggravated felony conviction. When he remained in custody after the removal period expired, he filed a §2241 habeas petition. In ordering his release, the District Court held that the Constitution forbids post-removal-period detention unless there is a realistic chance that an alien will be removed, and that no such chance existed here because Cambodia has no repatriation treaty with the United States. The Ninth Circuit affirmed, concluding that detention was not authorized for more than a reasonable time beyond the 90-day period, and that, given the lack of a repatriation agreement, that time had expired.

It seems that not only is illegal entry into the country no longer a reason for deportation, but a felony on top of that illegal entry seems a ticket for residency.  Remarkable. 

The Washington Examiner reports:

The Center for Immigration Studies (CIS) has released a study by Jessica Vaughn, director of policy studies at CIS.

“ICE reported that there are 156 criminal aliens who were released at least twice by ICE since 2013. Between them, these criminals had 1,776 convictions before their first release in 2013, with burglary, larceny, and drug possession listed most frequently.

… her report said that in 2014, ICE released 30,558 criminal aliens who had been convicted of 92,347 crimes. Only 3 percent have been deported.

The criminal aliens released by ICE in these years — who had already been convicted of thousands of crimes — are responsible for a significant crime spree in American communities, including 124 new homicides. Inexplicably, ICE is choosing to release some criminal aliens multiple times…

A total of 121 criminal aliens who were freed by ICE over the five-year period between 2010 and 2014 were subsequently charged with homicide-related crimes within that time frame. These 121 accused murderers were associated with 250 different communities in the United States, with the most clustered in California, New York and Texas.

ICE has admitted that 25 percent of the murderers it freed last year were let go at the agency's discretion, not mandated by the courts,

Vaughn added that 75 percent were released due to court orders or because their countries wouldn't take them back.”

Wouldn’t take them back?  Then why must we? should be the follow-up.

(For those who wish to discredit the report and shoot the messenger, I have provided a link.)  However, the facts and the ICE commentary cannot be dismissed.

Government officials clarify (official report):

Many of the individuals described in the report were released under restrictions such as GPS monitoring, telephone monitoring, supervision, or surety bond.

In some of the releases in 2013, ICE was required by law to release the individuals from custody, pursuant to decisions by the Supreme Court and other federal courts.

The basis for the courts to require the releases (the 75% number) of these aliens is apparently a series of cases referred to as the Zadvydas cases.  Here is a snippet of the “logic” from the Ninth Circuit court:

Kim Ho Ma, respondent in No. 00—38, is a resident alien born in Cambodia who was ordered removed based on his aggravated felony conviction. When he remained in custody after the removal period expired, he filed a §2241 habeas petition. In ordering his release, the District Court held that the Constitution forbids post-removal-period detention unless there is a realistic chance that an alien will be removed, and that no such chance existed here because Cambodia has no repatriation treaty with the United States. The Ninth Circuit affirmed, concluding that detention was not authorized for more than a reasonable time beyond the 90-day period, and that, given the lack of a repatriation agreement, that time had expired.

It seems that not only is illegal entry into the country no longer a reason for deportation, but a felony on top of that illegal entry seems a ticket for residency.  Remarkable.