CNS News posted a story yesterday that illustrates one way common sense has departed from out government. The headline of the story is “ICE Released 2,837 Convicted Alien Sex Offenders.”
The article reports:
The 2,837 sex offenders represented five percent of the 59,347 deportable aliens that have been released from detention under the supervision of U.S. Immigration and Customs Enforcement (ICE), according to the GAO (Government Accountability Office) report, which was released Thursday.
“There are circumstances in which criminal aliens who have been ordered removed from the United States – including those convicted of a sex offense – cannot be removed,” the report states. “For example, a criminal alien may not be removed because the designated country will not accept the alien’s return.”
The obvious question here is, “Why didn’t we just keep them is jail?”
In explaining why ICE was required to release these criminals, the GAO referred to the 2001 Supreme Court case Zadvydas v. Davis. In that case the court ruled that the indefinite detention of removable aliens for greater than six months is unconstitutional unless there is “significant likelihood of removal in the reasonably foreseeable future.” I guess I don’t understand why the fact that the person had committed a crime might be a more important reason for detaining them than the fact that they are here illegally.
The article reports:
“According to the data that ICE-ERO provided to us,” said the GAO report, “of 4359 alien sex offenders who were removed from the country between January and August 2012, 220 of them (5 percent) had previously been removed but subsequently returned to the United States and were arrested for another offense.”
Also, about five percent of released aliens sex offenders did not register as sex offenders in the communities where they settled as required by federal law. “The risk that alien sex offenders will reside in U.S. communities without being registered is increased,” the GAO concluded.
It seems as if we are extending rights to illegal aliens that American citizens do not have.