http://www.breitbart.com/Big-Government/2014/05/17/Do-Hillary-Clinton-and-John-Kerry-bear-some-blame-for-last-year-s-criminal-immigrant-releases
REPORT: HILLARY, KERRY BROKE LAW THAT COULD HAVE PREVENTED CRIMINAL
IMMIGRANT RELEASES
by CAROLINE MAY 17 May 2014
Could Secretaries of State Hillary Clinton and John Kerry have prevented
the release of some 36,000 criminal immigrants last year?
The limited immigration group Center for Immigration Studies (CIS) say
there is a good chance the answer is yes.
Monday, an internal Immigration and Customs Enforcement document obtained
by CIS and viewed by Breitbart News revealed that the 36,007 criminal
immigrants convicted of nearly 88,000 crimes were released while awaiting
the outcome of deportation proceedings last year.
In explaining the releases, ICE pointed in part to court cases,
specifically Zadvydas v. Davis, a 2001 Supreme Court case in which the
court held the government could not indefinitely hold an immigrant if there
is not a likelihood of removal in the "foreseeable future." This may occur
when a country refuses or unreasonably delays accepting people the United
States is looking to deport.
According to ICE, many of the releases -- specifically 72 percent of
criminal immigrants convicted of homicide -- were mandatory, required by
court decisions like Zadvydas.
A little-enforced statute (8 U.S.C. § 1253(d)) CIS highlights, however,
requires the Secretary of State to instruct consular offices to stop
issuing visas to countries that engage in such obstruction.
On being notified by the [DHS Secretary] that the government of a foreign
country denies or unreasonably delays accepting an alien who is a citizen,
subject, national, or resident of that country after the [DHS Secretary]
asks whether the government will accept the alien under this section, the
Secretary of State shall order consular officers in that foreign country to
discontinue granting immigrant visas or nonimmigrant visas, or both, to
citizens, subjects, nationals, and residents of that country until the [DHS
Secretary] notifies the Secretary that the country has accepted the alien.
The statute actually reads "Attorney General," but that is because,
according to CIS executive director Mark Kirkorian, the law was written
prior to the creation of DHS. After the formation of DHS, this
responsibility became that of the DHS head.
Indeed, the Boston Globe in 2012 reported that more than 20 countries
"routinely block deportation of their citizens," often leaving immigration
officials no choice but to release the convicted immigrants.
The statute appears to have been used only once in late 2001, when the
United States briefly banned the issuance of travel visas to Guyana when
the country stalled acceptance of some 130 of their citizens who served
time in prison.
Krikorian, writing at National Review this week, charged the Obama
administration - specifically Clinton and current Secretary of State John
Kerry - with ignoring the statute:
The State Department has ignored the legal mandate and just keeps on
issuing visas in countries that won't take back their own citizens.
Secretaries of State Hillary Clinton and John Kerry have decided it's
better for ICE to release criminal aliens into American communities -- even
at the risk of their committing further crimes -- than to risk upsetting
relations by halting the issuance of visas, as required by law.
He noted that during a hearing in 2011 then-DHS Secretary Janet Napolitano
said that she was "not aware" of any such actions taken against countries
that refused to take their citizens back.
A Friday CIS report accusing Kerry and Clinton of failing to enforce the
statute further pointed out some of the worst countries for refusing to
take back their citizens, as laid out in a 2004 GAO report: specifically
Cuba, Laos, Vietnam, China, India, Jamaica, former Soviet Republics, Iraq,
Iran, Eritrea, Ethiopia, Poland, and Nigeria. The CIS report reads:
ICE headquarters and field officials cited a variety of reasons why
governments may not want to issue a travel document for their nationals.
ICE explained that one reason is that some foreign countries want assurance
that the aliens will have the means to support themselves when they are
returned. If the alien is poor or a threat to public safety, some countries
will refuse to cooperate and the State Department will simply release the
alien into the United States thereby creating a burden for American
citizens.
In its report, CIS further called on the State Department to explain its
failure to use the law as possible leverage:
Former Secretary of State Hillary Clinton and current Secretary of State
John Kerry should explain why they did not follow federal law and stop the
issuance of visas to the countries that have refused to take back their
law-breaking citizens. DHS Secretary Jeh Johnson and former Secretary Janet
Napolitano should also explain whether they directed the State Department
to stop issuing visas. The release of dangerous aliens did not start with
the Obama administration; officials from the Bush administration could also
be questioned about releases that occurred during their tenure. Congress
has given the State Department the tools to ensure that Americans do not
have to live among criminals who do not belong in the country.
U
Breitbart News reached out to the State Department Friday afternoon for
comment.
Received on Sun May 18 2014 - 19:40:22 EDT