Specter Presses Criminal Alien Deportation Bill
by Mickey McCarter
Friday, 11 April 2008

Pa. senator’s bill to put pressure on countries to repatriate alien nationals deported by US.

A proposal now introduced in the US House of Representatives would compel foreign nations to take back foreign nationals deported from the United States or face a mandatory denial of US visas to citizens of those countries as well as reductions or elimination of US foreign aid to those countries, Sen. Arlen Specter (R-Pa.), who first introduced the bill in the Senate, announced Thursday.

Reps. Mike Castle (R-Del.) and Charlie Dent (R-Pa.), revealed the House companion bill to Specter's Accountability in Immigration Repatriation Act, introduced March 5.

The number of illegal immigrants in the United States have increased about 3 million to around 11.6 million people since 2000, Castle noted. US authorities have detained thousands of illegal aliens with criminal records, but they have been forded to release more than 18,000 because their home nations refuse to accept their return.

"There is no reason American taxpayers should carry the burden of drawn-out repatriation negotiations for criminal aliens," Castle asserted. "Let me give you one example. The United States government paid $200,000 to fly an illegal alien convicted of assault back to his home country of Somalia, only to be denied entrance and ultimately released in the United States."

Such denials are unacceptable because US Immigration and Customs Enforcement (ICE) can only hold illegal immigrants for so long before they must release them, Specter declared.

"There is an enormous problem of public safety, which is slightly under the radar screen, because when somebody is convicted--an illegal alien is convicted and serves a sentence, for example, aggravated robbery, spends five years in jail, serves the maximum, whatever it may be, is released back on the streets--if the home country will not take them, as many will not, Immigration can detain them for only six months and then they're a menace on the streets," he said.

The Government Accountability Office has reported that about 55,000 illegal immigrants were held in state correctional facilities in 2005, Dent added. Authorities had arrested many of those criminals multiple times, resulting in more than 450,000 total arrests for those 55,000 individuals.

"We intend to put teeth into the law by basically issuing sanctions prohibiting visas from individuals coming from those countries," Dent stated. "And we've identified about eight countries where there are about 139,000 illegal aliens--where these countries are refusing to repatriate about 139,000 illegal aliens. Those countries include Vietnam, Jamaica, China, India, Ethiopia, Laos, Eritrea, Iran--139,000 of them."

Judiciary Hearing

As ICE can only hold a criminal alien for 180 days while awaiting deportation, Specter said he would seek a legal remedy to detain immigrants further if necessary while adhering to the Constitution.

Homeland Security Secretary Michael Chertoff endorsed such a measure in a hearing before the Senate Judiciary Committee April 2.

"It's been very frustrating when we have occasions where someone serves their sentence, we want to ship them out, we can't ship them out because either they have a legal basis to block it under the convention or the country won't take them back, and then we can't hold them," Chertoff remarked.

"So I think at a minimum we should be able to hold them, and I do believe actually this is something where a legislative cure is appropriate," he added.

Chertoff also agreed that withholding visas from nations that did not accept the return of their citizens would prove effective, noting that such tactics have worked in the past.

But some illegal aliens have claimed they would face torture upon return to their home countries, leaving the Department of Homeland Security with little choice but to keep them in the country, the secretary acknowledged.

Specter suggested that Chertoff examine adopting a regulation to enable the repatriation of criminal aliens regardless of such claims, noting that Article 3 of the UN Convention Against Torture permits exceptions to torture claims for aliens that are security risks or that have committed crimes.

"But that cannot be done under international law unless a regulation is adopted by your department," Specter told Chertoff. "Canada has such a regulation. Canada has a good record on human rights. But your department has not adopted that regulation."
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