Thread: Critics say immigrants calling bluff

http://www.ocregister.com/ocregister/ne ... 716906.php

Saturday, October 15, 2005
Critics say immigrants calling bluff
Detention centers areoverflowing and deportationisoften an empty threat.

By CHRIS BLANK
The Orange County Register

WASHINGTON – Illegal immigration is increasing rapidly from countries other than Mexico, federal officials are telling Congress. And the ease with which these foreign nationals can stay in the United States is fueling terrorism concerns.

Testimony at a recent congressional hearing and a report to House members said the lack of detention space to hold this growing category of illegal immigrants means 70 percent of them remain free until deportation. Most disappear into the United States.

Last week, Congress passed a homeland security bill that included funding for 2,300 more detention beds. This brings the total to 20,300, which is 3,750 fewer than the 9/11 commission wanted.

Long an issue between the United States and Mexico, the international flavor of illegal immigration has grown substantially since 1997. But the diversity of people coming through the southern border has ignited a debate over their motives for coming.

"Terrorists can use South America as a launching pad to slip into Mexico and from there into the United States," says Rep. Ed Royce, R-Fullerton. Others say such talk is overblown.

Non-Mexican illegal immigrants strain the system because it takes longer to deport them. Mexicans can be sent back in hours, but others must be flown back to their original country. Immigration court backlogs mean a three-month process to deport someone to a country other than Mexico.

And there isn't enough detention space to hold these new arrivals and those thought to have links with terrorism.

Rep. Dan Lungren, R-Folsom, who heads a House Homeland Security subcommittee, says these shortages encourage illegal immigration.

He said the lack of space has prompted non-Mexican illegal immigrants to seek out the Border Patrol, knowing they are likely to be moved further into the country for processing.

"Our policy essentially results in Brazilians coming to the United States with increasing numbers and seeking out law enforcement officers so they can be caught and released instead of even trying to run away," Lungren said.

U.S. Border Patrol officers arrested 120 percent more illegal immigrants from countries other than Mexico this year than last. This is four times the number arrested in 2002. Total arrests increased by 2 percent from last year.

To handle the crowding, the Department of Homeland Security has turned to expedited removals. This procedure allows non-Mexican and non-Canadian illegal immigrants to be deported without a judicial hearing. In 2004, expedited removals were expanded from ports, airports and other official points of entry to anywhere on U.S. soil within 100 miles of the border.

U.S. Border Patrol Chief David Aguilar testified before a recent House subcommittee hearing that expedited removals have cut deportation time by about 30 percent and "will become a significant tool to deter future illegal migration." As proof that this is working, Aguilar pointed to a Texas border sector that has seen the number of non-Mexican illegal immigrants arrested decrease by about 140 a day.

But critics say it amounts to little more than summary deportations and gives too much power to relatively low-ranking Border Patrol officers. David Leopold, a member of the American Immigration Lawyers Association executive board, said it does little to make anyone safer.

"To simply remove someone from the United States without any right to see a judge, to present evidence to argue their case, exposes the people who are here legally and U.S. citizens to some real abuses," he said.

But Royce said non-Mexican illegal immigration threatens national security as much as foreign terrorism.

"By allowing that smuggling network to function, we've created an opportunity for al-Qaida to infiltrate our border," he said. "Terrorists are smart, and they are looking to capitalize on our weaknesses. And the lack of attention and enforcement of immigration laws have given al-Qaida an opportunity."

David Spener, an associate professor at Trinity University in San Antonio, said the statistics themselves might be distorted because of fake documents. Previously, Latin Americans would claim to be Mexican to be deported closer to the United States. As word spreads that non-Mexicans were being released into the United States until a hearing, more illegal immigrants could be claiming to be from other Latin American countries.

Spener said the terrorism fears have been overblown, as most illegal immigrants come only for economic reasons.

"Emigration from Central America is increasing because of further economic collapse, especially in the coffee markets," he said. "To link the issue to terrorism is a grievous overstatement."

The response


If a Mexican national admits to being in the United States illegally, the immigrant can be returned to Mexico less than an hour after fingerprints and photographs are taken.

If the illegal entrant has committed a felony, has been previously removed from the United States or is wanted by another law enforcement agency, he or she is arrested. If detention space is lacking, the immigrant is paroled or released on bond with a notice to appear before an immigration judge.

If the illegal immigrant is not from Canada or Mexico, he or she is supposed to be held in the United States until a deportation hearing. However:

If there is bed space, the immigrant can be deported using an expedited procedure. Under that procedure, U.S. officials are allowed to deport immigrants caught without proper documents without giving them a judicial hearing. It applies only to people caught within 100 miles of the U.S. border and who have been in the country for less than 14 days.

Immigrants who claim asylum or indicate they fear persecution or torture if they are returned home, are still entitled to a hearing. But if there is no room in detention facilities, the Border Patrol cannot use the expedited procedure and releases these immigrants on their own recognizance.

Why don't they use some of the closed military instalations for bed space? I made a visit to Chaute AFB last year. It closed in 1993. The have space there that could house several thousand people. There are other military bases like this all over the country.