Thread: U.S. to end "catch and release" at Mexican border

U.S. to end "catch and release" at Mexican border
By Bernd Debusmann
10 minutes ago



LAREDO, Texas (Reuters) - The United States is closing a legal loophole which has allowed tens of thousands of illegal immigrants to slip into the country and join the estimated 11 million undocumented foreigners already here.


Under long-standing procedure along the U.S. border with Mexico, illegal crossers of nationalities other than Mexican -- dubbed OTMs by the Border Patrol -- have been entitled to a hearing before an immigration judge before they could be deported.

Because of a severe shortage of space to hold them until the hearing, they were released after being fingerprinted and given a "notice to appear," a document stating they had agreed to show up at court at a certain date.

The notice serves as a travel document allowing its holder past Border Patrol checkpoints on the roads leading from the border to the interior. Most OTMs do not show up for their hearing and meld into the population.

Known as "catch and release," the practice has become part of an increasingly acrimonious debate over immigration policy and border security, an issue likely to loom large in Congress, next year's mid-term elections and the 2008 presidential poll.

Homeland Security Secretary Michael Chertoff said last month his department's aim was to "return every single entrant -- no exceptions" but gave no deadline. Mexicans are usually returned immediately -- and most of them try again, some within hours.

Along the border, agents say ending the practice will take time and depends on how quickly the government can build additional detention space told hold OTMs before they are sent to their home countries.

OTMs were a relatively minor problem until 2003, when word of the loophole spread and triggered a growing flood -- including thousands of Brazilians inspired by a popular soap opera, "America," whose sultry star plays an illegal immigrant who swam the Rio Grande and made good in the United States.

APPREHENSIONS SET RECORD IN 2005

According to Border Patrol statistics, apprehensions of OTMs tripled from fiscal 2003 to fiscal 2005, which ended in October, from 49,545 to 165,175. Brazilians made up the second-biggest group this year, after Hondurans and before people from El Salvador, Guatemala and Nicaragua.

The Brazilian rush northwards highlighted the complex nature of international migration patterns. Apart from the lure of emulating soap opera stars, Brazilians were taking advantage of easy travel from Brazil to Mexico, which abolished visas for Brazilians in 2000 to promote tourism and business.

After flying into Mexican airports, the Brazilians would head north to cross over the river or the deserts further west.

Mexico re-introduced visas last month.

"Catch and release" is gradually being replaced by "Expedited Removal," a process which cuts out the hearing before an immigration judge and allows border patrol agents to decide whether an illegal crosser should be deported.

In one of the many quirks of the complicated U.S. immigration rules, someone who crosses illegally, manages to get 100 miles beyond the border and stay undetected for more than 14 days cannot be subjected to Expedited Removal and is entitled to make a case for staying on to a judge.

(In another immigration law oddity, Cubans who sail across the Straits of Florida and make it to land are entitled to stay while those caught at sea can be returned.)

First introduced in the Laredo sector of the southwestern border, Expedited Removal is now being expanded to the entire 1,951-mile international line.

Administration officials stress that faster deportations and tighter border controls alone are no solution to illegal immigration. "We are going to need more than just brute enforcement," Chertoff told the Senate Judiciary Committee recently.

President George W. Bush has been pushing a guest worker plan that would allow foreigners working in the U.S. illegally to get three-year visas, renewable once. After that, they would have to return to their home countries and apply for a new permit.

The Bush plan appeals to part of the president's support base -- employers who want cheap labor -- but falls short of the demands of conservatives who say that even with the additional measures now being implemented, border security is not nearly tight enough
http://news.yahoo.com/s/nm/20051123/pl_ ... oophole_dc

They are wrong about one thing--all they DO NEED is BRUTE ENFORCEMENT. The rest will take care of itself.

Originally Posted by Bootsie

They are wrong about one thing--all they DO NEED is BRUTE ENFORCEMENT. The rest will take care of itself.

Yep, time to bring the troops home and reassign them to Border South Zone

I STILL DON'T UNDERSTAND WHY EMPLOYERS ARE NOT BEING FINED. THAT WOULD SOLVE THE PROBLEM.

IF BUSINESSES KNEW THEY WOULD BE FINED AN AMOUNT THAT MADE IT NOT COST EFFECTIVE TO HIRE ILLEGAL WORKERS...THEY WOULDN'T.

AND THE FINE MONEY COULD BE USED FOR BORDER ENFORCEMENT.

DOES ANYONE KNOW A FEDERAL STATUTE THAT WOULD ALLOW A "THIRD PARTY" CITIZEN TO FILE SUIT AGAINST A U.S. BASED COMPANY THAT HIRES ILLEGALS?

Actually there would be no need for any dust ups or uses of force. In fact men in suits could simply explain to the employers what is to become of their property upon conviction of immigration crime. Real simple. Every method of payment and license is all recorded on computer, no ticket, no wash.

The wayfarers we now call illegals would stay home and concentrate on doing the same to their abusers.

Always opt for the solution without corporeal means if possible FIRST!(bush failed at this, on purpose, so what else is new about the King of Failure? I don't want to be a cop(or soldier), respect both, and am afraid of those who want to be in authority, for all the wrong reasons. A successful soldier is lead by intelligent leaders that require him to never fire a shot in anger, unnecessarily.

The goal is compliance, not violence. cheers glenn

I STILL DON'T UNDERSTAND WHY EMPLOYERS ARE NOT BEING FINED. THAT WOULD SOLVE THE PROBLEM.

Why: The employers make big campaign contributions to the politicians who in turn pull the strings of the enforcement agencies.

Solution: Get rid of the politiciains.

Wall-Mart seems to be taking some hits though....

They need to start going after ALL employers--not just the HUGE WAL-Marts. Maybe they think they are making an example with Wal-Mart but I don't think it's getting through to others who do this with impunity.

I attempted to report a local guy who hires about 15 most being illegal. sent a nice email giving an at a boy before giving the info on the subjects.

the reply:

Good afternoon,

In order to report any Immigration or Customs violations you may contact the ICE tip line at 1-866-DHS-2ICE or contact your local Immigration and Customs Enforcement Office. Please have all your "Tip" information available at the time of the call.

Thank you for your concern,

my reply:
I don't have a local office. I have heard the horror stories from members of ALIPAC on trying to report on the 1-866-DHS-2ICE number. Thanks for nothing.
A retired Police Officer
COI

See. They are just IMPOSSIBLE. And, we are PAYING THEM???? For WHAT I would ask???