A Judicial Watch analysis of federal statistics notes that “Seventy percent of illegal Aliens in federal jails were convicted of non-immigration crimes…The U.S. government spent at least $162 million last year to incarcerate tens of thousands of criminal illegal immigrants for committing crimes that include rape, murder, kidnapping and terrorism. The offenders were imprisoned by the Federal Bureau of Prisons (BOP) and the U.S. Marshals Service (USMS), which confirm that 94% of aliens jailed in 2019 were unlawfully present in the U.S. Under the Obama administration this type of pertinent information relating to illegal immigration was essentially ignored…”
Much of this is directly attributable to Sanctuary jurisdictions which essentially provide a safe haven for criminal aliens.
In addition to crimes such as murder, rape, and drug dealing, illegal aliens have posed threat to national security. The Federation for American Immigration Reform (Fair) outlines the challenge:
- The September 11, 2001 terrorist attackers were foreigners who entered the country legally on a temporary visa, mostly tourist visas with entry permits for six months.
- Since 2007, the U.S. apprehended 45,000 Special Interest Aliens (SIAs), i.e. individuals with suspicious travel patterns.
- Prior to the COVID-19 pandemic, foreign tourists, temporary visitors, and returning U.S. citizens were not required to undergo medical screening upon entering the country.
- Diaspora diplomacy, or the utilization of immigrant communities by foreign governments, is a means by which enemy nations can attempt to achieve their policy goals.
- Transnational bad actors attempt to use immigrant communities in the U.S. as bases of operations and recruitment pools
The Obama Administration’s refusal to enforce immigration law changed substantially under the Trump Administration. An Executive Order issued in 2017, almost immediately after the new president’s inauguration, stated:
“Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States. These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic.
“Tens of thousands of removable aliens have been released into communities across the country, solely because their home countries refuse to accept their repatriation. Many of these aliens are criminals who have served time in our Federal, State, and local jails. The presence of such individuals in the United States, and the practices of foreign nations that refuse the repatriation of their nationals, are contrary to the national “interest.
“Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our immigration laws to ensure the removal of aliens who have no right to be in the United States, the Federal Government has failed to discharge this basic sovereign responsibility. We cannot faithfully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States.
“It is the policy of the executive branch to:
(a) Ensure the faithful execution of the immigration laws of the United States, including the INA, against all removable aliens, consistent with Article II, Section 3 of the United States Constitution and section 3331 of title 5, United States Code;
(b) Make use of all available systems and resources to ensure the efficient and faithful execution of the immigration laws of the United States;
(c) Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law;
(d) Ensure that aliens ordered removed from the United States are promptly removed; and
(e) Support victims, and the families of victims, of crimes committed by removable aliens.”
The latest Alien Incarceration Report from the Department of Justice and Homeland Security notes that A total of 51,186 known or suspected aliens were in BOP or USMS custody at the end of the first quarter of FY19. Of those, 32,926 (64.3 percent) were subjects of removal orders or had agreed to depart voluntarily; 11,609 (22.7 percent) were still under investigation by ICE to determine alienage; 4,441 (8.7 percent) were illegally present and under adjudication; and 1,171 (2.3 percent) were legally present and under adjudication. A total of 1,039 aliens (2 percent) in DOJ custody were granted relief or protection from removal (Pending Relief/Benefit).
Illustration: U.S. Border Patrol