April 21, 2005
Supreme Court Loophole Is De Facto Amnesty For
Criminal Aliens
By Bryanna Bevens
Once upon a time, the British thought they would sail on
over (again) and confiscate Louisiana.
General Andrew Jackson said something to the
effect of "over my dead body" and hopped a
horse to
Chalmette.
Thirty minutes into the fray, the Brits started to think
that invading America wasn’t such a good idea. It was
probably around the time the 2000th British
soldier was shot down, but this is of course conjecture.
As we conclude today’s 9th grade history
lesson, how should society today look upon this
historical knowledge?
With our heads bowed in shame—that’s how.
This is why.
Today, we face an
even bigger invasion.
And we (that is to say the various
branches of the
U.S. government) are capitulating.
Last
week, on April 14, 2005, the United States Senate
Committee on the Judiciary
conducted a hearing titled
Strengthening Interior Enforcement: Deportation and
Related Issues.
Jonathan Cohn, Deputy Assistant Attorney General
for the Civil Division of the U.S. Department of Justice
offered
testimony on the state of illegal immigration and
crime, of all things.
In
2001 (and again last year), the Supreme Court ruled
that criminal aliens could not be held for more than six
months if their home country refuses repatriation.
So what do we do with these murderers, rapists and child
molesters if their home country won’t take them back?
We turn them loose, of course!
Oh yes! We place
child molesting illegal aliens back into American
neighborhoods.
According to AG Cohn:
"Among the aliens who will benefit are criminals who
have murdered their wives, molested young children, and
brutally raped several women."
US: Illegal Alien Criminals Released After Supreme Court
Rulings, Voice of America, [Listen]
Cohn also testified that among the countries that will
not repatriate their criminal nationals are
Cuba,
Somalia and
Vietnam. (Yeah, there’s a shock. Then again, with
this criminal loophole in place why should they?)
The Supreme Court’s rationale:
“[T]he
Government proffers no sufficiently strong
justification…The first justification—preventing
flight—is weak or nonexistent where removal seems a
remote possibility. Preventive detention based on the
second justification—protecting the community—has been
upheld only when limited to specially dangerous
individuals and subject to strong procedural
protections.” ZADVYDAS
v. DAVIS et al.
Mere sexual predators etc. are not, apparently,
“specially dangerous.”
However, when the Supremes do
something really stupid, you don't have to figure
out for yourself why it's stupid. You just look
for the
Dissent by Justice Scalia, and here it is:
“This
is at bottom a claimed right of release into this
country by an individual who concededly has no legal
right to be here. There is no such constitutional
right.”
According to
ABC news,
"Among those being
freed are over 700 people who came to the United States
from Cuba in 1980 as part of the so-called Mariel
boatlift. By mid-February, 150 have already been
released because Cuba will not accept them back."
Basically, the only thing we can import from
Cuba is
criminals. Where’s the
trade embargo when we need it?
The AG informed the Senate committee of 920 illegal
alien criminals scheduled to be released into America.
The Homeland Security Department testified that 84,000
criminal aliens were expelled from the United
States in 2004.
But 400,000 (that’s FOUR HUNDRED THOUSAND) are still
at-large.
Ok, these are not garden-variety illegal aliens but
criminal aliens—well,
all
illegal aliens are criminals, but these have
committed
serious crimes in
addition to their illegal entry.
Victor Cerda with DHS
testified that 30 percent of illegal aliens
apprehended and released do not appear before an
immigration judge for their hearing, which makes them
fugitives:
"Of
those that do appear for hearings, the other point of
critical concern is that of those ordered removed, 80 to
85 percent fail to appear and comply with removal
orders."
Cerda described a litany of crimes committed by some of
the expelled aliens.
"Under
Operation Predator, ICE
[Immigration and Customs Enforcement] has arrested
more than 5,100 sexual predators since the program was
launched in 2003. ICE has already removed over 2,100 of
these predators from the United States."
Side note: I intentionally found a job which requires no
math, but… If ICE has arrested 5,100 sexual predators
and has only removed 2,100…where are the remaining 3000?
[VDare.com note: Ask the
EOIR!]
The AG and the DHS urged the Judiciary Committee to
close the loophole created by the Supreme Court’s ruling
with new legislation. Additionally, they urged the
Senate to limit access to federal courts.
What did our Senators have to say about this horrifying
problem and serious threat to national security?
"He
doesn't get it,"
Coburn
said of the president.
Not
surprisingly, while there was ample finger-pointing and
pontificating, no solutions were proposed.
My
final question: After the criminal aliens are released
back into America, can
law enforcement re-arrest them for illegal entry?
(Yes, they are still illegal aliens.)
What
all this means is that the
U.S. Supreme Court has essentially authorized
criminal illegals to be here—a de facto legal
status.
Ouch—if
this goes unchallenged, we could actually encourage
foreign nationals to commit
heinous crimes in America.
Yep,
back in the day we would have handled this
foreign invasion quite differently…that is to say,
we would have handled it.
Today,
we don’t have to worry about 10,000 British soldiers
sailing up the Mississippi River—but maybe we should
worry about the thousands of
violent illegal aliens we welcome into our
communities
Where
is
Andy Jackson when we need him?
Bryanna Bevens [email
her] is a political consultant and former chief of staff
for a member of the California State Assembly.
