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Homeland Security Aims to Weaken Immigration Detention System

Reinforcing the Obama administration’s policy of not enforcing U.S. immigration laws, the Department of Homeland Security (DHS) announced plans that would change the way in which the government detains illegal aliens pending their removal from the country. Under the guise of “reform,” the administration is taking steps to minimize the number of deportable aliens who will be held in detention.

In recent years, the number of detention beds was increased in response to the exceptionally high percentage of deportable aliens who disappeared before they could be removed from the country. The so-called “catch and release” policy was widely criticized and DHS began using available space in local jails and private detention facilities to house aliens facing deportation. As a result, the ability to remove aliens was vastly enhanced — much to the chagrin of illegal alien advocacy groups and the Obama administration, which has repeatedly signaled its intention to abandon enforcement in all but the most serious criminal cases.

Under the “reforms” announced on October 6, DHS will commence “market research about utilizing converted hotels, nursing homes and other residential facilities as immigration detention facilities for non-criminal, non-violent populations.” DHS stated that the determination for placing deportable aliens in these facilities will be “commensurate with their risk of flight” — ignoring the documented fact that virtually all deportable aliens who are not detained are flight risks.

The October 6 announcement also raised concerns over whether the Obama administration is actually planning to further expand taxpayer-subsidized legal support services to aliens who have already had their day in court and have been determined ineligible for asylum or any other form of relief. If so, this proposal would serve to further undermine the interests of the American people in ensuring the efficient operation of our immigration system.

The United States will never solve the problem of mass illegal immigration by deporting everyone who is here illegally. However, a vigorous effort to apprehend and deport illegal aliens is an important component to a comprehensive strategy to enforce our immigration laws. Since taking office, the Obama administration has moved in the opposite direction, curtailing worksite enforcement and signaling that only “dangerous” criminal aliens will be targeted for apprehension and removal. These latest steps aimed at limiting the ability to detain illegal aliens in secure facilities appear to be part of an overall strategy to ensure that noncriminal illegal aliens are allowed to remain in the United States.

November 2009

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