U.S. Misinformed Congress, Public on Immigrant Release

Brad Heath, USA Today, October 22, 2014

New records contradict the Obama administration’s assurances to Congress and the public that the 2,200 people it freed from immigration jails last year to save money had only minor criminal records.

The records, obtained by USA TODAY, show immigration officials released some undocumented immigrants who had faced far more serious criminal charges, including people charged with kidnapping, sexual assault, drug trafficking and homicide.

The release sparked a furor in Congress. Republican lawmakers accused the Obama administration of setting dangerous criminals free. In response, U.S. Immigration and Customs Enforcement said it had released “low-risk offenders who do not have serious criminal records,” a claim the administration repeated to the public and to members of Congress.

The new records, including spreadsheets and hundreds of pages of e-mails, offer the most detailed information yet about the people ICE freed as it prepared for steep, across-the-government spending cuts in February 2013. They show that although two-thirds of the people who were freed had no criminal records, several had been arrested or convicted on charges more severe than the administration had disclosed.

ICE spokeswoman Gillian Christensen acknowledged the discrepancy. She said “discretionary releases made by ICE were of low-level offenders. However, the releases involving individuals with more significant criminal histories were, by and large, dictated by special circumstances outside of the agency’s control.”

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The detainees were awaiting deportation or hearings in immigration court. The release did not stop those proceedings; instead, most were released with electronic monitors or other forms of supervision.

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A spreadsheet ICE officials prepared listing the detainees includes one person in Texas charged with aggravated kidnapping and sexually assaulting a child, as well as others charged with armed assaults or assaulting police officers. Another immigrant released from Miami had been charged with conspiracy to commit homicide. Two detainees from Boston had been charged with aggravated assault using a weapon. One in Denver had a sexual assault charge. The agency released the spreadsheet to USA TODAY under the Freedom of Information Act.

ICE’s records do not indicate whether the detainees were convicted of those crimes or merely charged with them. The agency said it would not release information identifying any of the detainees because doing so would invade their privacy, so it was impossible to examine the details of their cases.

Morton, who resigned last year, told Congress that the more than 2,200 immigrants ICE released included 629 people with criminal records, all of them people who had been charged with misdemeanors “or other criminals whose prior conviction did not pose a violent threat to public safety.”

That accounting did not include 144 other detainees whose release ICE records attribute to “special issues.” Most often, that meant the detainees were let go because the agency had little chance of deporting them in the near future. The Supreme Court has said the government generally cannot hold immigrants for more than six months if it has no prospect of deporting them. To save money, ICE freed some detainees before the six-month clock ran out.

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The former head of ICE’s detention operation, Gary Mead, said that if officials provided incorrect information to the public, they did not do so deliberately. Rather, he said, the release happened so quickly that ICE managers in Washington did not know precisely who had been released until after the episode had been reported by the news media.

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