Published: Feb. 3, 2011
Updated: 1:02 p.m.

Report: ICE mistakenly failed to deport convicts

BY CINDY CARCAMO
THE ORANGE COUNTY REGISTER

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California had the highest numbers of convicts who were mistakenly allowed to remain in the country when they should have been deported, according to a new government report.

Nationwide, hundreds of convicts who were eligible for removal from the United States were released from federal and state custody in 2009 because Immigration and Customs Enforcement officials failed to identify them, according to the Office of Inspector General, which released the report Wednesday.

Understaffing, an ever-increasing work load and lax documentation are to blame for ICE failure to detect hundreds of convicts who were eligible for removal from the US, according to the Office of Inspector General, which released the report Wednesday.

Nationwide, the report concludes that 890 of 49,033 convicts eligible for removal from the country were not identified. Understaffing, an ever-increasing work load and lax documentation are to blame for the misidentifications, the report stated.

In response, ICE officials said they would look into the issue, according to a letter submitted as part of the report.

The agency has already taken action to implement some of the fixes, the report said.

"Identifying and removing convicted criminal aliens is a top enforcement priority for U.S. Immigration and Customs Enforcement,'' ICE spokeswoman Virginia Kice said in a written statement. "That focus is reflected in the fact that ICE removed more than 195,000 convicted criminal aliens from the United States last year, a record number."

The Office of Inspector General reviewed whether ICE officials were identifying convicts in federal and state custody who were eligible for deportation. Convicts eligible for removal are those who are in the country illegally or legal permanent residents who have been convicted of a crime that makes them eligible for removal.

The report found that about 2 percent of those in state and federal custody and eligible for removal from the country went undetected and were released. Many of them had committed the most egregious of crimes, such as sexual assault.

California led the pack of states examined in having the worse identification rates. Nationally, about 99 percent of those in custody who were eligible for removal were identified. In California, 96 percent were identified. The study also reviewed Texas, New York and Florida — states with large foreign-born inmate populations.

The report's authors used a sample size of foreign-born inmates to reach their statistical conclusions.

In California, four of their 104 sample cases — about 4 percent — of convicts eligible for removal went unidentified by ICE.

One of those released convicts in California was a man from Mexico who had completed a 17-month state prison sentence for possession of narcotics. The man had entered the country illegally and had past convictions for battery to a public official and burglary, the report stated.

In a separate case, ICE released a man from Mexico who was in federal custody. The man was sentenced to 30 months for illegally re-entering the U.S. He had been convicted of lewd conduct to a child in 2004 and was previously deported in 2006.

ICE's Criminal Alien Program is in charge of identifying, processing and removing convicts who are in the country illegally and incarcerated in federal, state and local correctional facilities, including Orange County. The program also is also intended to identify legal permanent residents who are eligible for deportation after having committed a removable offense.

The report shows that during fiscal year 2009, ICE issued about 212,000 immigration detainers nationwide on incarcerated convicts who were eligible for removal.

The report called the program's efforts commendable given the number of prisons and jails nationwide and the ever-increasing number of foreign-born inmates identified in facilities.

However, the report expressed concerns about future performance given the unfilled agent positions in ICE field offices — about 25 percent in April 2009 — and the expected increase in criminal referrals generated by Secure Communities.

The Secure Communities program determines whether inmates have had any contact with the immigration system. It flags immigration officials, who can put a hold on those who are believed to be in the country illegally. The program launched in March of last year in Orange County.

Contact the writer: 714-796-7924 or ccarcamo@ocregister.com or www.twitter.com/thecindycarcamo

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