Wednesday, September 2, 2009

Imprisoned Illegal Aliens Should Be Deported

By: Ed Koch

I have a proposal which I hope the Obama administration will consider and implement.

Immediately, or as soon as possible, the United States should deport all illegal aliens who are in federal and state prisons, and in our municipal jails, to their countries of origin. In 2005, the Government Accountability Office (GAO) issued a report on the number of illegal aliens incarcerated in the United States.

The report stated, "They were arrested for a total of about 700,000 criminal offenses, averaging about 13 offenses per illegal alien. One arrest incident may include multiple offenses, a fact that explains why there are nearly one and half times more offenses than arrests. Almost all of these illegal aliens were arrested for more than 1 offense. Slightly more than half of the 55,322 illegal aliens had between 2 and 10 offenses. About 45 percent of all offenses were drug or immigration offenses. About 15 percent were property-related offenses such as burglary, larceny-theft, motor vehicle theft and property damage. About 12 percent were for violent offenses such as murder, robbery, assault, and sex-related crimes. The balance was for such other offenses as traffic violations, including driving under the influence; fraud — including forgery and counterfeiting; weapons violations; and obstruction of justice. Eighty percent of all arrests occurred in three states — California, Texas, and Arizona. Specifically, about 58 percent of all arrests occurred in California, 14 percent in Texas, and 8 percent in Arizona."

The GAO reported that the number of convicted criminal aliens incarcerated in federal prison on Dec. 27, 2003 was 46,063, and the number incarcerated in state prisons and local jails was 262,105.

According to the Colorado Alliance for Immigration Reform, "Today, criminal aliens account for about 30 percent of the inmates in federal prisons and 15-25 percent in many local jails. Incarceration costs to the taxpayers were estimated by the Justice Department in 2002 to be $891 million for federal prison inmates and $624 million for inmates in state prisons [annually]." Every year, about 600,000 of those incarcerated, not limited to illegal aliens, are released and within three years, two-thirds become recidivists and are back in prison.

My proposal would make many of these people the problems of their countries of origin. Those countries would be given the authority to return them to prison, fine them, place them on probation or free them.

Since many of these people are drug offenders, and Mexico and several other Latin American countries have changed their laws and decriminalized the personal use and possession of hard drugs like cocaine and heroin, many of those turned over to them who received harsh Rockefeller drug laws sentences of four to 16 years may qualify in Mexico and elsewhere for instant release.

Why should we care? In the Netherlands, they legally sell marijuana in coffee shops. Each country today makes its own rules, irrespective of international treaties governing the issue. Our approach to controlling drug use is certainly not a phenomenal success that would allow us to lecture the rest of the world on how to control substance abuse.

Of course, a determination would have to be made on not releasing those who were convicted of acts of terror against the United States, who remain a danger to us. Even there we have released to friendly countries those we considered terrorists and seen them released, rather than serving out their prison terms in their country of origin. There would need to be special U.S. courts provided where applications could be heard from those believing that they should not be expelled because of special circumstances and mitigating factors such as family, particularly American-born children and American spouses in the U.S. There should be provision for hearings and right of appeal to a federal circuit court. I suggest the rules of evidence be softened so as to allow hearsay evidence to make it easier for the individual being expelled to their own country to make their case for the application of compassion or simply to correct facts.

If it is possible to do this by administrative action and as quickly as possible, I would hope President Barack Obama would take that course. If it is not solely within his power, then the president should ask the Congress to provide him with the powers needed.

The State of California has been ordered by a federal circuit court to reduce its prison population by 40,000 inmates within two years. If it does not, California may face the situation when it will be forbidden by federal court order from imprisoning any new persons until it has reduced its prison population by that number. We know that California has just seen a prison riot which injured hundreds of inmates — mostly by the acts of other inmates — and attributed by many commentators to overcrowding and racism exhibited by the inmates towards one another. If the Congress cannot by law place the state prison systems into this program, then allow states the option of participating.

Perhaps there are states who will not want to participate and would prefer keeping the illegal aliens in their state prisons and jails, ultimately to be freed and allowed to return to society, but I doubt it. I don't expect to see those who believe in the concept of open borders join me in supporting this proposal. Those who believe that illegal aliens are simply migrants with the right to come and go across borders as they choose, those who are opposed to our building a security fence on our borders to help control them, and those who believe Secretary of Homeland Security Janet Napolitano is currently too harsh in arresting illegal aliens in their workplaces will oppose those proposals as well.

Nevertheless, I believe the proposal is reasonable and practical. Why didn't people think of it a long time ago? They probably did and the country wasn't ready for it. Today, we are.



Brittanicus said...

Guess we all knew the special interest groups, lead by the US Chamber of Commerce and a large majority of pro-illegal worker organization, would try to upend the US Federal court order from apply E-Verify in September? If I had my way I as a citizen would--BOYCOTT-- any company, store, factory, farm or manufacturing plant that didn't display an E-Verify notice in their working place. They certainly don't care one-iota for the American workers jobless or not? Both illegal immigration and health care are tied into the same knot and will have a hard time passing. Immigration reform will be the battle of the century and all those politicians who sign up for it, are likely be signing up also for unemployment benefits.

This piece of potential immigration reform legislation, is not being fully advanced to the public and veiled until after enactment? Legislators have dug there immigration reform grave and must now suffer the consequences. Accept they are looking for an easy avenue, to get out of the coffin they hammered in with their own nails. As with most civilized countries we are predisposed to treatment for any illegal alien in emergency hospitals. Except that this hospitals have become an open-house for any minor ailment to very expensive problems like dialysis?. In addition any public option, must have some stipulation in the bill that illegal immigrants from gaining access. The problem is there is absolutely nothing in this health care bill containing any text to--CLOSE LOOPHOLES--that would disallow millions of illegal immigrants from participating?

Either way illegal Immigrants will get full access to THE PEOPLES health care, if the Democrats pass a path to citizenship or better known as BLANKET AMNESTY. The American people no longer believe in the propaganda that spills from the national press, about the illegal immigrant travesty, public health care from the mob in Washington? Perhaps we should look towards the single payer system that has succeeded in Europe? Instead of listening to the choking rhetoric from the special interest organizations that have erupted on radio and television.

They can yell from the hills that there is only 13 million foreign nationals and families occupying our soil, but that number has been programmed into us for about 10 years. Most bloggers estimate at least twenty million plus, with more appearing everyday and more on the way if a path to citizenship is forced through the Congress? How counterproductive can this be in passing health care treatment, when the teeming numbers already here pay nothing in the emergency room? Even the employers who hire them pay nothing, then slink away and leave the debt for taxpayers to pick up or the hospital to absorb? Even if it could be calculated the amount of money in government expenditures over decades, given to support these invaders, it would pay for the wars our politician subject us too? When are these pandering lawmakers going to work for all Americans and protect their jobs. Which they didn't establish in the original stimulus bills, but even then left a gaping loophole for illegal foreign workers.
We must assure that all American workers are gainfully employed, not individuals who have no right to be in our nation? It makes me sick to see veterans of Korea, Viet-Nam, the Gulf war walking the streets homeless, while illegal immigrants get gratification from employers and lawmakers. WE NO LONGER CAN SUPPORT ILLEGAL IMMIGRANTS. OUR COUNTRY IS NEAR BANKRUPTCY. DEMAND E-VERIFY TO CHECK THE IMMIGRATION STATUS FOR EVERY US WORKER, BY CONTACTING YOUR LAWMAKER AT 202-224-3121. VOTERS SHOULD COMMAND NO MORE WEAKENING OF ANY LAWS INCLUDING 1986 (IRCA) IMMIGRATION CONTROL & REFORM ACT. JOIN NUMBERSUSA, JUDICIAL WATCH AND BE STUNNED HOW MILLIONS OF VOICES HAVE MADE AN INCREDULOUS DIFFERENCE.

Anonymous said...

get your army back to defend your borders from the invaders that take part of your country each and every day.
you're loosing your country as every day passes. you need to kick out those who can never be true americans however long they live there and however many generations they produce. remove them - the muslims, the blacks and those that will never buy into the american european dream. the only true americans are the european americans and those descended from them

the same argument goes for europe where the war is being lost and the floodgates are open