The New York Analysis of Policy and Government examines President Trump’s reversal of his predecessors’ policy on crime committed by illegal aliens.
There has been an extraordinary reversal of policy by the Department of Justice on the issue of criminal immigration enforcement.
The Trump Administration’s rejection of Obama-era practices has its roots in a 2015 letter to Homeland Security Secretary Jeh Johnson, Secretary of State John Kerry, and Attorney General Loretta Lynch. The communication came from then-Senator and chair of the Subcommittee on Immigration the National Interest, now Attorney General, Jeff Sessions, along with Senator Charles Grassley, the Chair of the Senate Judiciary Committee.
The letter noted:
“According to information provided by Immigration and Customs Enforcement (ICE), up to 121 homicides in the U.S. could have been avoided between Fiscal Year 2010 and FY 2014 had this [Obama] administration removed from our borders aliens with criminal convictions instead of releasing them back into society where they could commit more crimes. This disturbing fact follows ICE’s admission that of the 36,007 criminal aliens released into ICE custody in FY 2013, 1,000 have been re-convicted of additional crimes in the short time since their release…”
On April 12, 2017, Attorney General Sessions, speaking in Nogales, Arizona announced a dramatic change from the Obama-era practices regarding criminal aliens.
“…transnational gangs … flood our country with drugs and leave death and violence in their wake …MS-13 and the cartels…turn cities and suburbs into warzones…rape and kill innocent citizens…Depravity and violence are their calling cards, including brutal machete attacks and beheadings…Under the President’s leadership and through his Executive Orders, we will secure this border and bring the full weight of both the immigration courts and federal criminal enforcement to combat this attack on our national security and sovereignty. The President has made this a priority — and already we are seeing the results. From January to February of this year, illegal crossings dropped by 40 percent, which was unprecedented. Then, last month, we saw a 72 percent drop compared to the month before the President was inaugurated. That’s the lowest monthly figure for at least 17 years…I am issuing a document to all federal prosecutors that mandates the prioritization of such enforcement.
“Starting today, federal prosecutors are now required to consider for prosecution all of the following offenses:
- The transportation or harboring of aliens.
- Further, where an alien has unlawfully entered the country, which is a misdemeanor, that alien will now be charged with a felony if they unlawfully enter or attempt enter a second time and certain aggravating circumstances are present.
- Also, aliens that illegally re-enter the country after prior removal will be referred for felony prosecution — and a priority will be given to such offenses, especially where indicators of gang affiliation, a risk to public safety or criminal history are present.
- Where possible, prosecutors are directed to charge criminal aliens with document fraud and aggravated identity theft — the latter carrying a two-year mandatory minimum sentence.
- Finally, and perhaps most importantly: I have directed that all 94 U.S. Attorneys Offices make the prosecution of assault on a federal law enforcement officer… a top priority. If someone dares to assault one of our folks in the line of duty, they will do federal time for it.
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“To ensure that these priorities are implemented each U.S. Attorney’s Office…will designate an Assistant United States Attorney as the Border Security Coordinator for their District… I am also pleased to announce a series of reforms regarding immigration judges to reduce the significant backlogs in our immigration courts…we will now be detaining all adults who are apprehended at the border. To support this mission, we have already surged 25 immigration judges to detention centers along the border…In addition, we will put 50 more immigration judges on the bench this year and 75 next year…”
The report concludes tomorrow