Agency Responsible for Immigration Enforcement Lacks Basics

As I often note, a press release is a tool that individuals and organizations use to inform the public about successes that are scored. Certainly the interdiction of a significant quantity of cocaine is something to crow about. But before you read my commentary further, I urge you to read through the actual press release and ask yourself, “What important information was not covered?” At a minimum, a press release should answer, Who, What, Where, When, Why and How?

Did you see what was missing?  It’s the very first question (Who?).  I refer not to the names of those arrested but rather to their  citizenship or claimed citizenship.  This is not the first time an ICE press release has failed to address the immigration status of suspects; unfortunately, it certainly will not be the last. Other recent releases have announced the prosecution (and light sentencing) of alien smugglers and others who conspired with illegal aliens to get them into our country. However,  they haven’t referenced any  efforts to locate the hundred or even thousands of illegal aliens who had paid for the services of smugglers to circumvent the inspections process or game the visa process!

When I was trained as an INS special agent, we learned that the first order of business was to properly and as completely as possible, identify the person(s) with whom we came into contact during the course of our official duties.  This is important on many levels. Arresting a suspect is like throwing a hook into the ocean.  When you feel the line go taught, you know you have caught some sort of fish but the question remains to determine precisely what fish you caught.

When a law enforcement officer stops someone for any reason, the  officer generally runs the person’s name and license plate through a computerized data base to check for outstanding warrants and to try to figure out if the person poses a threat to his (her) safety.

The issue of identity becomes much more critical in felony arrests. It is absolutely vital to provide the judge or magistrate who will set bail in the case as much information as possible. As an INS special agent, I was often called upon to provide clear evidence at bail hearings when defendants were taken into custody.  A bail hearing has two components- danger to the community and risk of flight.  A law enforcement officer who has arrested a suspect for a crime of violence, a crime involving dangerous drugs as was the case in the situation memorialized in the press release, or a suspect who is found to be armed or has made threats can easily articulate the danger such as suspect poses to the community.

The issue of risk of flight can be far more nebulous and difficult to articulate in a courtroom setting.  This is where the immigration issue can be absolutely vital to painting a clear picture as to risk of flight.  The illegal alien who has no community ties, has used multiple false identities and has provided numerous fictitious addresses establishes a track record of likelihood of flight.  The picture of flight risk comes into even clearer focus if the alien in question has been previously deported and reentered the United States without necessary authority.  Finally, if the illegal alien suspect has failed to show up for immigration court on days he (she) was supposed to appear, the picture becomes crystal clear.

I have testified at numerous such bail hearings and the results were, without exception, that the judge either remanded the alien suspect without bail or set bail so high as to make certain that the suspect was not released.  This is of huge importance! How many times have we heard of a suspect being arrested for one crime, getting released from custody and then committing a murder or some other heinous crime?  How many times have people questioned why the judge released the suspect the first time so that he was at large and able to commit additional crime(s)?

There is an additional factor to consider.  If the smugglers who were apprehended in this case are aliens, it would also require that the agents seek to determine if additional criminal charges should be brought against the defendants for violating criminal provisions of the Immigration and Nationality Act (INA).  For example, if any of the smugglers had been previously deported from the United States and were in the midst of reentering without permission and had been deported because of criminal convictions, the mere unlawful reentry would constitute a felony for which the maximum punishment would be 20 years in federal custody.  This is certainly a serious matter!

If a firearm was found to be in the constructive possession of the smugglers and they are determined to be illegal aliens, they would potentially be subjected to punishment for the crime of “Illegal alien in possession of a firearm.”  This too is a serious felony.

The first step along the road to these possible prosecutions would be to determine if the individuals who were arrested were, in fact United States citizens, resident aliens who stand to ultimately lose their lawful status in the United States if they are convicted or aliens who are presently illegal aliens.

If a plea bargain is ultimately struck, it is important to have a number of potential criminal violations that can be used as bargaining chips. If there as a plea-bargain worked out down the road, it is important for all involved to be aware of the implications that any such arrangement might have on the immigration status of individuals if they are aliens.

Finally, if the defendants are subject to deportation, it may be important to lodge “detainers” to make certain that ICE is notified prior to these defendants being released from custody.

These are important factors that must be taken into account if the special agents from ICE who are working the case are to achieve the most effective results possible.  Yet there was not a single word on the issue of the citizenship or immigration status of the smugglers who were arrested with 48 million dollars of cocaine in their possession. It would also be important to know if they might be members of a particular drug cartel, nationality being critical to this line of inquiry.

While the government is under no obligation to include all of the available information in the press release,  I have heard from reliable sources that very few ICE agents have any real background in immigration law and often ignore the issue of immigration whenever they can. It troubles me greatly that the sole federal agency charged with enforcing the immigration laws within the United States would take such a cavalier attitude towards the immigration laws that they are supposed to be enforcing!