illegal immigrants and crime

This article was provided exclusively to the New York Analysis of Policy and Government by Judge (ret.) John H. Wilson.

The news is truly stunning. According to a report recently released by the Bureau of Justice Statistics, in 2018, 64% of persons arrested for federal crimes were non-US citizens. Even more shocking, this represents a complete reversal from 1998, when 63% of federal arrests were made of US citizens. 72% of the illegal aliens arrested by the federal authorities are being prosecuted for illegal reentry (meaning they were removed previously, and are now back again), but the next biggest category of prosecution was for drug offenses, at 13%.

Mexican citizens account for 40% of those arrested by the federal authorities in 2018, up from 28% in 1998. But the arrest of citizens of Central American countries has risen drastically; from 1% in 1998, these persons now represent 20% of those arrested on federal charges.

In all, while illegal aliens account for approximately 7% of the population of the United States, they also account for 15% of all federal arrests, 24% of all federal drug arrests, and 28% of all federal fraud arrests.

As described by radio personality Brian Mudd, when it comes to either Fraud, Smuggling, Property Crime, Drug or Weapon Trafficking, “in each of those instances an illegal immigrant is at least 300% more likely to commit one of those crimes than the average legal citizen.”

Yet, despite this hard evidence of the violence and social destruction brought to the United States by illegal immigration, there are State Courts which continue to block ICE agents from taking criminal defendants into custody.

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In April of 2018, Judge Shelley Joseph, sitting in the State District Court of Newton, Massachusetts, was informed that a defendant who appeared before her on a drug charge and with a fugitive warrant from Pennsylvania, was going to be arrested by ICE Agents were he to be released.

Obviously, someone who is reportedly a fugitive from another state is unlikely to return to the Massachusetts court to answer his new charge. But rather then hold the defendant until Pennsylvania could send officers to pick him up, Judge Joseph allowed the man to be released from the back door of the courthouse.

One year later, in April of 2019, Judge Joseph, and the Court Officer who actually released the defendant, were charged in Federal Court with Conspiracy to Obstruct Justice, Obstruction of Justice, and Obstruction of a Federal Proceeding.

The case has lead to a division within the state government of Massachusetts. Governor Charlie Baker, who is a Republican, stated that “no one should obstruct federal law enforcement officials trying to do their jobs.” However, the Attorney General for Massachusetts, Maura Healey, a Democrat, called this a political prosecution, and stated that “This prosecution is nothing less than an assault on justice in Massachusetts courts, and it will further undermine community trust and safety.”

Currently, Judge Joseph is under suspension. However, the initial suspension had been without pay. Recently, the Massachusetts Supreme Court reinstated the Judge’s pay, but left the suspension in place.

In January of 2017, a similar matter was handled differently by another US Attorney. Judge Monica Herranz of Multnomah County Court in Oregon, allowed a defendant appearing before her to answer a DWI charge to leave the courtroom by her own doorway, rather than through the public entrance. Apparently, ICE Agents were waiting outside the courtroom to take the defendant into custody.

The US Attorney in Oregon, Billy Williams, declined to bring charges against Judge Herranz. Further, the Judge was cleared of all discipline charges in June of 2017. The Report of the Investigating Court Administrator states that “Herranz didn’t know Pacheco-Salazar’s immigration status and also didn’t know why ICE was in the courthouse hallway.” But at the same time, the Reviewing Administrator found that “Judge Herranz understood that the parties, both defense and prosecution, had agreed on the request to allow the defendant to avoid contact with ICE agents, and granted that request,” two statements that clearly conflict with each other.

Is Judge Joseph being unfairly prosecuted, while Judge Herranz benefited from a whitewash of her actions? Is the US Attorney in Massachusetts being more aggressive in his handling of this matter than was the US Attorney in Oregon? The answer to each of these questions is a definite maybe. But given the rampant criminal activities of illegal aliens, which action will send a message to state court judges more effectively – prosecution of those who obstruct ICE Agents, or excusing this behavior with a wink and a nod?

Illustration: Pixabay

As the Obama Administration’s time comes to an end, Democrats are desperately seeking to solidify the vast numbers of illegal immigrants who entered the U.S. during the past eight years.

Those they seek to protect range from those brought into the nation at a very young age (known as “dreamers”) to hardened criminals and gang members who pose serious threats to public safety.

60 Democrats, notes The Hill, have submitted two letters requesting President Obama to pardon approximately 750,000 youth who were brought to the U.S. by parents. While the President has the power to pardon individuals, legal questions could be raised about an act that appears to wholly offset existing law, as a mass pardon would.

Arguments about humanitarian actions for dreamers fall far short for other illegal immigrants. The City Journal notes:

“Some of the most violent criminals at large today are illegal aliens. Yet in cities where the crime these aliens commit is highest, the police cannot use the most obvious tool to apprehend them: their immigration status. In Los Angeles, for example, dozens of members of a ruthless Salvadoran prison gang have sneaked back into town after having been deported for such crimes as murder, assault with a deadly weapon, and drug trafficking. Police officers know who they are and know that their mere presence in the country is a felony. Yet should a cop arrest an illegal gangbanger for felonious reentry, it is he who will be treated as a criminal, for violating the LAPD’s rule against enforcing immigration law. The LAPD’s ban on immigration enforcement mirrors bans in immigrant-saturated cities around the country, from New York and Chicago to San Diego, Austin, and Houston. These ‘sanctuary policies’ generally prohibit city employees, including the cops, from reporting immigration violations to federal authorities. Such laws testify to the sheer political power of immigrant lobbies, a power so irresistible that police officials shrink from even mentioning the illegal-alien crime wave. ‘We can’t even talk about it,’ says a frustrated LAPD captain.”

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There are, of course, issues beyond crime. The Federation for American Immigration Reform (FAIRUS) found that “Illegal immigration costs U.S. taxpayers about $113 billion a year at the federal, state and local level. The bulk of the costs — some $84 billion — are absorbed by state and local governments.”

Perhaps even more worrisome than issues relating to finance and crime is the problem of contagious disease.

The Southern Medical Association reports that There’s a growing health concern over illegal immigrants bringing infectious diseases into the United States. Approximately 500,000 legal immigrants and 80,000 refugees come to the United States each year, and an additional 700,000 illegal immigrants enter annually, and three-quarters of these illegal immigrants come from Mexico, El Salvador, Guatemala, and Honduras. Legal immigrants and refugees are required to have a medical examination for migration to the United States, while they are still overseas… Illegal immigration may expose Americans to diseases that have been virtually eradicated, but are highly contagious, as in the case of TB. This disease rose by 20% globally from 1985 to 1991, and was declared a worldwide emergency by the World Health Organization (WHO) in 1995. Furthermore, TB frequently occurs in connection with the human immunodeficiency virus…”“Troubling facts concerning health risks related to the wave of illegal immigrants who are crossing our southern border are coming to light…Historically, immigrants who legally sought entry to America (such as those through Ellis Island) went through a structured process that checked them for communicable diseases. In some cases, those found to present a health risk were quarantined until they no longer proposed a threat. In other cases, they were sent back to their country of origin. Today, Border Patrol agents have confirmed those now flooding across the border are not adequately checked for diseases because of the sheer volume, lack of proper screening techniques and lack of manpower…This is what we know. Immigrants coming here have been documented as having communicable diseases such as tuberculosis and swine flu. Because there is limited use of the vaccine for the former and limited effectiveness of vaccine for the latter (studies vary on the effectiveness of the swine flu vaccine; estimates range from 42 percent to 96 percent), individuals coming in contact with people with these diseases are at risk of becoming infected. Those most vulnerable to contracting illnesses from illegals are the first responders such as the Border Patrol agents. In turn, they may pass diseases and conditions on to their children, spouses, seniors and those with whom they come in contact who have compromised immune systems…It isn’t the diseases that we have been vaccinated against that are the most concerning, but ones like TB, which have developed multiple drug resistance, or tropical diseases such as Dengue fever that doctors may have difficulty diagnosing and for which there is no treatment.”

Some will argue that those seeking to protect illegal immigrants are doing so out of a humanitarian impulse. Others contend that, since statistics overwhelmingly indicate that new immigrants, legal or illegal, tend to vote Democrat, the motives are self-serving. In either case, the increased danger from crime and contagious disease, as well as the added expense to taxpayers, requires that policies protecting illegal immigrants must be seriously weighed against the significant detrimental impact they impose.

Quick Analysis

Ukraine’s Frozen Conflict

As we approach winter in the northern hemisphere, the war in Ukraine is beginning to resemble a “frozen conflict” from many perspectives. Ukrainian President Volodymyr Zelensky recently told the media he hopes the war will end faster once President-elect Trump takes over in January. Opinions in Moscow, however, differ from that of the Ukrainian leader. Russian President Vladimir Putin argues that the North Atlantic Treaty Organization (NATO) needs to exclude Ukraine from joining in “exchange” for peace. If it does not, he says, then no end to the war is in sight. So far there is no Christmas solution. Several NATO countries, according to Vladimir Socor of the Jamestown Foundation, are tentatively considering “coalitions-of-the-willing” to provide security for Ukraine outside of the formal NATO framework. There is, however, no collective mechanism today under which such an arrangement is viable. According to the NATO Charter, while Ukraine is a NATO partner country, it may not join as a full member since it has not fulfilled the requirements for membership. That has not stopped NATO and allies from continuing “to provide Ukraine with unprecedented levels of support, helping to uphold its fundamental right to self-defence,” according to the organization. Socor says that keeping Ukraine out of NATO will not advance peace with Russia. Waiting for a peace settlement, he suggests, would only serve to encourage Moscow to continue the war indefinitely. Although the Biden Administration officially withdrew its support for Ukrainian membership in 2021, NATO maintains an “open door” policy toward membership-seeking countries. The current White House position led the way for European states to oppose Ukraine’s membership saying that a decision should be delayed until “conditions are met.” Biden pushed for changing “open door” to a “bridge” metaphor. It is not intended as an across-the-board NATO policy and has been implemented in the past on a case-by-case basis, says Socor. “The alliance’s open-door policy was not fully insulated from Russia’s non-statutory blocking power, and NATO-aspirant countries’ path toward membership was not always irreversible.” Russia has successfully blocked states like Georgia from joining, first in 2008 and again after the war in Ukraine began in 2014. Russia recognizes the value add of Ukraine to NATO is enormous and that Kyiv has a better case than some other nations. Putin’s invasion was, in part, intended to foreclose that option. By 2021, Moscow was pushing hard to maximize its war objectives, which included further annexations of Ukrainian territory. A main goal for Putin was, and is, to ensure there is no Ukraine left to join NATO. As President-elect Trump prepares to assume office in January, he is faced with the historical challenges presented by the war. Post-conflict security guarantees were the center of several proposals made during the 2023 military stalemate. The incoming Trump Administration has yet to outline how it intends to handle the Russia-Ukraine war. Analysts in Washington believe that the new Administration will expect its European allies to guarantee the majority of Ukraine’s security needs. As we approach 2025, several European nations have acknowledged that they do not view Ukraine as eligible for NATO membership as it would draw the organization into the middle of the conflict. Others want to wait until the war is over or pending a “peace” settlement before considering Ukrainian membership. Socor reports that some “influential voices” are suggesting that “Kyiv should join NATO after “freezing” the war along a stable armistice line, de facto accepting Ukraine’s partition, with NATO security guarantees applying de jure to the government-controlled territory only.” This would mean starting accession talks soon with the actual talks to commence only after a ceasefire is in place. Trump arrives in Washington at a time when Putin’s hybrid strategies of war in Ukraine have eviscerated commonly-held differences between war and peace. “Absent a political consensus in NATO over Ukrainian membership, certain European allies, including France’s President Emmanuel Macron, are holding informal consultations about post-conflict security guarantees to Kyiv by NATO members outside of NATO’s framework,” according to the Jamestown Foundation. The Biden Administration downplayed the discussions on possible forms of military assistance and defense industry cooperation by sending only an Assistant Secretary of State. For a European peace to hold the Trump Administration would need to formally extend the United States’ nuclear deterrence to Ukraine. Options under discussion in Europe include a “coalition of the resolute” to deploy forces to Ukraine as part of a possible armistice package, deterring further Russian attacks, says Secor. European officials are also debating, without any agreement, whether its military forces could perform non-combat logistical roles to free Ukrainian forces to fight. None of the possible courses of action has moved forward as all eyes are waiting on the incoming Trump Administration for clues about its intended level of support for a NATO framework and other non-NATO proposals. Daria Novak served in the U.S. State Dept.