DHS lost track of dangerous ‘illegal overstays’

Editor’s Note – When this story appeared an immediate question arose: if these people were so potentially dangerous, how did they get into the country anyway? With the Boston terror event less than seven weeks past, with all those red flags missed, what else is in the offing thanks to the DHS?

DHS Can’t Locate 266 Illegal Overstays that ‘Pose National Security’ Risks

By Elizabeth Harrington – CNS News

(CNSNews.com) – The Department of Homeland Security (DHS) cannot find 266 potentially dangerous foreign nationals who have overstayed their visas, according to the Government Accountability Office (GAO).

According to testimony from Rebecca Gambler, director of the Homeland Security and Justice for GAO, on May 21, 2013 before the House Subcommittee on Border and Maritime Security, DHS identified 1,901 illegal overstays of concern in 2011. As of March 2013, 14 percent remain missing.

The 1,901 cases were reprioritized for further investigation by DHS “because the subjects of the records could pose national security or public safety concerns.”

Of those that pose security threats, 266 could not be located, and nine individuals had been arrested.

The report said 481 (25.3 percent) of the cases were given to Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) division, because they presented “potential public safety threats.” ERO is “responsible for identifying and apprehending aliens who are subject to removal from the country, detaining these individuals when necessary, and removing aliens subject to removal from the United States.”

Also, 302 (15.9 percent) of the illegal overstays were in the process of changing their status to continue living in the U.S., and 711 (37.4 percent) had left the country.

The findings are based on a DHS review of a backlog of 1.6 million overstays in the summer of 2011. According to the report, 863,000 cases were removed, having found that the individuals left the country or were in legal status.

Visa overstays pose a significant national security risk, according to Gambler, since one-fourth of the terrorists who carried out 9/11 were in the country illegally, overstaying their visas.

“We have reported that most overstays are likely motivated by economic opportunities to stay in the United States beyond their authorized periods of admission,” Gambler said.  “However, overstays could pose homeland security concerns—for example, 5 of the 19 September 11, 2001, hijackers were overstays.”

Other examples include, Hosam Smadi, a Jordanian national, who overstayed his visa and plotted to blow up a Dallas skyscraper in 2009, and Amine El Khalifi, a Moroccan who was living past his visa since 1999 and was arrested for plotting to bomb the U.S. Capitol last year.

The GAO testimony also revealed that there are currently more than 1 million “unmatched arrival records” in the DHS’s Arrival and Departure Information System (ADIS), or potential cases where immigrants have remained in the country with expired visas.

Furthermore, DHS has failed to report to Congress on visa overstays, as required by law, due to a lack of “confidence in the quality of its overstay data.”  DHS Secretary Janet Napolitano has said, however, that her agency plans to report on overstay rates by December 2013.

Bloomberg releases illegal aliens

Editor’s Note – No trans-fats, reduced salt, no smoking in parks and on beaches, and now there will be no deportations, no reporting cases to ICE. While you were driving home to eat Turkey with family and friends, low and behold, Mayor Bloomberg signed off on releasing all illegal immigrants in NYC jails awaiating deportation or transfer and notice to ICE. The billionaire Mayor cannot seem to find a rudder, other than to limit your freedoms, choices, and diets.

The one-time Democrat, who switched to run for Mayor as a Republican, then registered as ‘unaffiliated’ has been rumored to run as a third party Presidential candidate, imagine what he would do to the rest of America. Seems its all about the moment with him. Whatever is most expedient to his own flights of fancy drives this man on a daily basis. have another Veggie Burger Mr. Mayor while you get the law changed again so you can be Mayor for life!

Mayor Bloomberg

New Ordinance Orders NYC Jails to Release Illegal Aliens

Fair US (Federation for American Immigration Reform)

Just two days before Thanksgiving, New York City Mayor Michael Bloomberg quietly signed into law an ordinance (Int. No 656) ordering all city jails to ignore certain Immigration and Customs Enforcement (ICE) detainers issued to deport illegal aliens from those jails. As a result, New York City jails will now release many illegal aliens back into the community instead of handing them over to ICE for removal.

Specifically, Ordinance 656 provides that the New York City Department of Corrections shall not honor ICE detainers placed on certain aliens by either: (1) holding the alien beyond the time when the alien would otherwise be released from custody (48-hours) or (2) notifying federal immigration authorities of the alien’s release. (Int. No. 656 at § 2(7)(b)) This policy will apply to aliens who:

  1. Have never been convicted of a crime (misdemeanor or felony);
  2. Are not defendants in a pending criminal case;
  3. Have no outstanding warrants;
  4. Are not subject to final orders of removal; and
  5. Are not identified as a confirmed match in the terrorist screening database. (Id.)

Not only does Ordinance 656 require New York City jails to release illegal aliens without criminal histories, it also directs city jails to ignore ICE detainers issued to juveniles with criminal histories. This is accomplished by defining the phrase “convicted of a crime” as excluding “youthful offenders” or “juvenile delinquents” as defined by state statute. (See Id. at § 2(2)) This means that New York City jails will now actually release juvenile aliens that have extensive criminal histories back into the community instead of transferring them to ICE custody.

Not only does the new ordinance require New York City jails to release illegal aliens without criminal histories – or juveniles with criminal histories – it is written so ambiguously, it could require city jails to release ALL aliens back into the community, including violent criminals and terrorists. That is, when one examines the text of the ordinance, it is unclear whether the criteria that qualify an alien for lenient treatment relate both to detention and notification of release, or whether they relate only to notification of release. The legislative findings in the ordinance suggest that the City Council intended a narrow reading of the language, stating its intent was to create “a category of persons who shall not be detained.” However, if the exemption criteria apply only to notification, then the ordinance would require New York City jails to release all aliens back into the community, and only notify ICE when they have released an alien with criminal histories.

Members of the New York City Council could not have been clearer in their reasons for passing Ordinance 656. The legislative findings included in the ordinance state: “[C]ooperation between DOC and ICE cannot be supported by the Council and should not be supported by tax-payer dollars. New York City — home to millions of immigrants — should not be a willing participant in a program that separates thousands of immigrant families each year without a concomitant benefit to public safety.” (Int. No. 656 at § 1)

However, the impact of New York City’s new ordinance on public safety could be significant. In 2010, New York City’s Department of Corrections (DOC) admitted over 95,000 individuals and had an average daily population of 13,000. (NYC Dept. of Correction, Statistics) And, while juveniles make up only about six percent of the City’s jail population, the DOC reports they are the largest cohort of inmates detained for more serious charges. (NYC Dept. of Correction, Adolescent Overview) In fact, the majority of adolescents in DOC custody are held on charges of robbery, homicide, assault, and weapons possession. (Id.)

After the signing ceremony, New York City Council Speaker, Christine C. Quinn, released a statement expressing her hope that other cities would soon follow New York’s lead. “We are confident that this will serve as a national model for other states and cities to consider. I want to thank my colleagues, advocates and the Mayor for his support for this legislation as we worked to find a solution that would protect both public safety and immigrants in our City.” (New York City Council Press Release, Nov. 22, 2011) However, Chairman of the Council’s Public Safety Committee, Peter Vallone, rejected Quinn’s assessment. Calling the legislation “dangerous,” he said, “This [ordinance] will make our communities less safe.” (WYNC News, Nov. 22, 2011)