The Regime is refusing to use Section 243(d) of the Immigration and Nationality Act (INA) and thereby adding criminals and other dangerous illegal aliens to the roster of beneficiaries of the Administrative Amnesty.
The Daily Caller October 27, 2011
Homeland Security Secretary Janet Napolitano told a House committee that she is “not aware” of any actions the Obama administration has taken against countries that will not accept back illegal immigrants in “deportation status,” some of whom have committed crimes. After a “six-month detention period,” the illegal immigrants are released within the United States.
“Isn’t it true that if they are in a deportation status and their home country will not accept them, that you release them back into the communities based on a ruling?” asked Republican Rep. Sandy Adams of Florida on Wednesday during a House Judiciary Committee hearing.
“Yeah, there’s a Supreme Court case called Zadvydas [vs. Davis], which is a due-process case, which, if the home country cannot accept or will not accept, gives us about a six-month detention period,” said Napolitano.
“And in fact,” Rep. Adams continued, “some of these people have come back into the communities and committed heinous crimes, truly heinous … Section 243(d) of the Immigration and Nationality Act requires the government to sanction countries that refuse to repatriate by suspending issuance of immigrant or non-immigrant visas, or both, to nationals of the country until it takes aliens back.”
“DHS is supposed to order or give the country that refuses to take back its aliens — the Secretary of State ‘shall order’ — that the visas to its citizens be suspended,” Adams concluded. ”How many have you recommended under Section 243(d)?”
Napolitano answered, “We have not — what we have done is work with — there are countries that systemically refuse to accept their aliens back.
The INA states unequivocally that the Attorney General, and now, because of the Homeland Security Act, the Secretary of the Department of Homeland Security, Janet Reno Napolitano, must inform the Secretary of State that a country or countries are refusing to accept back their deportees and consequently must stop issuing immigrant or non-immigrant visas to citizens, subjects, nationals, or residents.
(d) Discontinuing Granting Visas to Nationals of Country Denying or Delaying Accepting Alien.-On being notified by the Attorney General that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country after the Attorney General asks whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the Attorney General notifies the Secretary that the country has accepted the alien.
Of course, the purpose of the failure of Janet Reno Napolitano to faithfully execute this particular law of the United States is that this section of law interferes with the Regime's Administrative Amnesty. She wants as many illegal aliens in the United States as possible, including criminals, in this case a double constituent of the typical Democrat politician, criminal and illegal alien.