E-mail from - Kelly A. Nantel, Press Secretary, US ICE

Press Secretary of ICE, Kelly A. Natel - E-Mail to Me - Vmonkey56


[quote]Thank you for your email and the opportunity to provide you with the full facts regarding this tragic situation, facts that were actually shared with FOX4, though they chose to ignore them. While you may not be aware, it is important to understand that, in accordance with the requirements of a seminal U.S. Supreme Court ruling, Zadvydas v. Davis, 533 U.S. 678 (2001), Mr. Arango was released from ICE custody on an Order of Supervision in 2004.

For those not familiar with this case, the Zadvydas decision limited the period of time for which the U.S. Government may continue to detain an admitted alien who has a final order of removal. In particular, the Court in Zadvydas prohibited the federal government from prolonging an alien’s detention when his/her removal from the U.S. is not “significantly likely in the reasonably foreseeable futureâ€

The email makes a lot of sense. The U.S. Congess makes the laws. It is their responsibility to write law that would include sanctions against countries that refuse or utilize stall tactics in taking back their nationals who were apprehended as illegals in the United States. Of course Bush coulded probably get the job done with a swift pen (Executive Order). :)

Quote:

---

Interestingly though, given that the Supreme Court was interpreting a federal statute rather than the constitution in Zadvydas, Congress has the authority to change the legal limitations which currently bind ICE and require DHS to release aliens like Mr. Arango from federal detention. The Department of Homeland Security would support such a legislative change. Again, thank you for the opportunity to respond to your email.

---

Sounds to me like if this law is to be changed that the citizens of our country are going to have to Insist that Congress do just that. This is a rediculious loop hole that allows criminals back into our society.

Interesting comments by MW and Shad. Let me combine both those themes to derive this: it appears she is indicating - very subtly - that the laws can be changed which govern both the constraints on the repatriation policy AND those which presently require IAs that cannot be sent back to later be freed (a requirement given via SCOTUS legal interpretations).

Maybe that is another way of saying - "Hey, you don't like the way these laws effect things, go lobby Congress to change them" - I bet this would be a net plus for ICE and DHS in the long run. Two essential things would have to be tweaked:

1. the current approach used to negotiate with other countries to repatriate their deported citizens (no small chore, to be sure) and 2. the legal requirement to rely upon existing SCOTUS derived law. If #2 can be side-stepped and greater pressure (via imports/exports, foreign aid, granting of temporary/family visas, etc) placed on the offending countries then it may be possible to improve the overall situation.

It is a particularly thorny problem due to internal and external legal and procedural requirements. But this does BADLY needed to be improved.
Especially because the 2 most populous countries on the planet - India and China - are two of the big offenders in this regard.

Cuban criminals are a growing problem in SW Florida.If Cuba will not take them back then I think we should ship them to Guantanamo Bay and turn them loose.. :)

Quote:

---

Originally Posted by PhredE

Interesting comments by MW and Shad. Let me combine both those themes to derive this: it appears she is indicating - very subtly - that the laws can be changed which govern both the constraints on the repatriation policy AND those which presently require IAs that cannot be sent back to later be freed (a requirement given via SCOTUS legal interpretations).

Maybe that is another way of saying - "Hey, you don't like the way these laws effect things, go lobby Congress to change them" - I bet this would be a net plus for ICE and DHS in the long run. Two essential things would have to be tweaked:

1. the current approach used to negotiate with other countries to repatriate their deported citizens (no small chore, to be sure) and 2. the legal requirement to rely upon existing SCOTUS derived law. If #2 can be side-stepped and greater pressure (via imports/exports, foreign aid, granting of temporary/family visas, etc) placed on the offending countries then it may be possible to improve the overall situation.

It is a particularly thorny problem due to internal and external legal and procedural requirements. But this does BADLY needed to be improved.
Especially because the 2 most populous countries on the planet - India and China - are two of the big offenders in this regard.

---

PhredE Thanks so much for laying that out. It is even more complicated than I thought but could still be accomplished if we could just get our Gov. to get up the political will to really do something about these problems. That might be an even bigger task!

I really appreciate the opportunity here at Alipac to learn how things work or don't work and how we can go about working to change things that are destroying our country and it's people.

Great Minds Think Alike, The Minds In Washington Are On the Money In Their Pockets For Some Reason.