Expand Guantanamo.
 
http://www.cnsnews.com/ViewNation.asp?Page=/Nation/archive/200608/NAT2006081
0b.html
 
Home Countries of US Illegals Often Refuse Repatriation
By Kevin Mooney
CNSNews.com Staff Writer
August 10, 2006

(CNSNews.com) - Foreign governments, whose citizens violate U.S. immigration
law and then commit crimes while in America, should be forced to pay
restitution to the victims of those crimes, according to Texas Republican
Congressman Ted Poe.

Poe would also like to penalize foreign governments that refuse to
repatriate their citizens who have entered the U.S. illegally. Those
countries, he said, should have their U.S. foreign aid reduced, where
possible.

"Right now, there are no consequences for these governments not taking their
own people back," Poe told Cybercast News Service. "Instead, we are the ones
that have to pay the consequences."

U.S. immigration officials expect that more than 300,000 criminal aliens
will be incarcerated in state correctional facilities in Fiscal Year 2007 --
individuals who are deportable under American law.

An internal audit of the U.S. Department of Homeland Security (DHS),
obtained by Cybercast News Service, also reveals that another 25,000
individuals are expected to be incarcerated on the federal level and
targeted for deportation.

However, in many cases, the home countries of these criminal aliens refuse
to take them back. 

Poe has already pushed for cutting foreign aid to countries that defy
repatriation. He added an amendment to the Foreign Operations spending bill
(HR 5522) earlier this year, but it was later withdrawn. DeeAnn Thigpen, the
press secretary to Poe, said the congressman plans another attempt to win
support for the bill.

Poe is also currently working on legislation that would make it possible for
American citizens to seek compensation in court from foreign governments
whose citizens have committed crimes in the U.S.

The issues of deportation and repatriation have been complicated by recent
U.S. Supreme Court decisions, said Jamie Zuieback, a spokeswoman for the
Immigration and Customs Enforcement Agency (ICE) in Washington, D.C. 

In one case, Zadvydas v. Davis, the U.S. government used a resident alien's
criminal record to try to deport him to Lithuania, where his parents lived,
and then to Germany, but both countries refused.

After Kestutis Zadvydas was held in custody for six months and there was
still no prospect of him being deported, the Supreme Court ruled that he
could not be held indefinitely. Zadvydas was ultimately released. The case
was decided in June 2001 in a 5-4 ruling.

Another case involved two Cuban nationals who were ordered deported, but
after 90 days had elapsed and their deportation appeared unforeseeable,
attorneys for the men successfully argued that they should be freed. Clark
v. Martinez was decided in Jan. 2005 in a 7-2 ruling.

The DHS internal audit, which focused on ICE's Office of Detention and
Removal (DRO), showed that in Fiscal Year 2003, Ethiopia, Eritrea, China,
India, Iran, Jamaica, Laos and Vietnam refused to submit travel documents
for the repatriation of their own citizens. 

China and India are the two most defiant countries in terms of repatriation,
according to the audit. Zuieback estimated that roughly 40,000 Chinese are
in the U.S. illegally and awaiting deportation. But, as a result of the two
U.S. Supreme Court decisions, criminal aliens and even "high risk" aliens
must be released following "the issuance of the final removal order."

Since the U.S. does not provide China with foreign aid funding, Poe has
another suggestion. "If they refuse to take back lawfully deported
individuals, we can cut the number of visas we give out whereby we let
people in legally," he said. "This can include student visas."

The audit report <http://www.cnsnews.com./pdf/2006/Terror2.pdf>  shows that
as of June 2004, there were over 133,662 illegal aliens who were "unlikely"
to ever be repatriated as a result of the "unwillingness" of their home
country to provide the necessary travel documentation and arrangements.

A variety of methods are employed by those countries that work to thwart
U.S. immigration policy. Ethiopia, for instance, will not issue travel
documents for repatriation unless proof can be furnished that shows the
illegal alien in the U.S. had parents who were born in Ethiopia. It is also
necessary for illegals to demonstrate that they still have family members
residing in Ethiopia at the moment repatriation is sought.

Iran requires illegal aliens to "to produce overwhelming documentary
evidence of their nationality."

The DHS audit report shows that in Fiscal Year 2003, the detention of both
criminal and non-criminal aliens from the "top eight uncooperative countries
that block repatriation" took up 981,202 detention days and cost over $80
million.

The report adds that the lack of cooperation on the part of foreign
governments has "created a mini-amnesty program for tens of thousands of
illegal aliens."


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