Senators Press for Answers About Released Illegal Immigrants

Senator Chuck Grassley

Background:

A continuing resolution is:

"...legislation in the form of a congressional joint resolution when a fiscal year is about to begin or has begun, to allow federal agencies and programs to continue to operate at current funding levels through a fiscal year...A continuing resolution must be passed by both houses of Congress and signed into law by the president..." (Ref:  CNBC Explains)

According to a statement from Ranking Member of the Judiciary Committee, Senator Chuck Grassley, he, Senate Republican leader Mitch McConnell of Kentucky, and five other Senators:  Jim Inhofe of Oklahoma, David Vitter of Louisiana, John Boozman of Arkansas, Pat Roberts of Kansas, and Dan Coats of Indiana, are cosponsors of  an amendment that:

"... would require the Department of Homeland Security to provide Congress with information about the illegal immigrants who are being released for what the administration says is budget considerations..."

According to Grassley:

"...When ICE recently released thousands of illegal immigrants from detention facilities, it was pretty clear that the administration didn’t have control of the situation and didn’t consider the ramifications to public safety,” Grassley said.  “The administration has a constitutional duty to faithfully uphold the laws, and when they don’t, the American people deserve an explanation..."

The coalition of Senators registered the following statements:

Inhofe:  “...U.S. Immigration and Customs Enforcement is charged with doing exactly what its name implies, enforcing the nation’s immigration laws...The Obama Administration’s decision to release hundreds of illegal immigrants who were caught breaking these laws is irresponsible and goes against the purpose of this agency. This amendment requires ICE to explain who was released and the offenses they committed. Americans deserve accountability when it comes to securing our borders and law-abiding immigrants deserve that respect..." 

Vitter:  "...The timing of DHS's release is simply crass politics. President Obama has had 18 months to prepare for budget cuts, but the only area they can think to scale back is in the detention of criminals? I’m not buying it..."

Boozman:  "...The release of illegal immigrants is unacceptable. Blaming this flawed action on budget cuts shows the Obama Administration isn’t serious about real immigration reform and is instead using budget cuts to bypass Congress..."

Roberts:  "...“The release of illegal immigrants is unacceptable. Blaming this flawed action on budget cuts shows the Obama Administration isn’t serious about real immigration reform and is instead using budget cuts to bypass Congress..."

Coats:  "...Releasing these detainees has the potential to put communities at risk and the American people deserve an explanation...We need answers on who made this decision, why officials blamed the action on budget cuts when ICE mismanaged its own resources and how this policy will be modified...”

Grassley's statement explains further:

"...Specifically, the amendment would require Immigration Customs and Enforcement to report to the Appropriations and Judiciary Committees about how the department will manage its budget in order to maintain the 34,000 detention beds authorized by Congress.  The amendment also requires Immigrations and Customs Enforcement to provide information on the illegal immigrants released, the conviction or charge for which they were detained, their immigration status, whether they had an existing order of deportation, and the terms of release..."

On February 6, Homeland Security Secretary, Janet Napolitano said:

"Attempts to cross the border illegally are down nearly 80 percent from their peak, seizures of illegal drugs, weapons and other contraband are up, and some of the safest communities in America are found in our border states..."

After an inspection tour to San Diego, California and Clint, and El Paso, Texas, she said she saw:

Janet Napolitano, secretary of the Department of Homeland Security

"...the need for more modernized immigration laws that make it harder for criminals and transnational criminal organizations to operate, while encouraging immigrants to choose to pursue a pathway to legal immigration rather than breaking the law...Our immigration system has been broken for too long and Congress must act. State, local, tribal and territorial law enforcement remain critical partners in this effort, and we look forward to working with them to advance reforms that will help us keep our communities safe and secure..."

Napolitano's statements on the 7th of February appear to contradict the subsequent action of releasing incarcerated illegal immigrants because of budgetary and Sequester concerns.  In her statement below she asserts, after lauding the efforts of her department, "...We have increased funding to our state and local law enforcement partners to makesure they have the resources they need..."  This belies the justification for release of prisoners for budgetary concerns.  Napolitano stated:

"...comprehensive immigration reform—...[is]...the single best step we can take to enhance border security, and enable our officers and agents along the border to spend the bulk of their time focused on public safety and national security threats...Over the past four years, we have dedicated historic levels of personnel, technology, and resources to the Southwest border, and undertaken an unprecedented effort to transform our nation's immigration enforcement system into one that focuses on public safety, border security, and the integrity of the immigration system. We have matched our success at the border with smart, effective immigration enforcement, with a focus on identifying and removing criminal aliens and other public safety threats, recent border crossers, repeat violators, and employers who break the law. We have also increased funding to our state and local law enforcement partners to make sure they have the resources they need..."

Grassley now emphasizes that the Senators':

"...amendment [to the Obama Continuing Resolution] is in response to the administration releasing criminal illegal immigrants because of 'budgetary reasons.'  In late February, it was reported that Immigration and Customs Enforcement had released a 'few hundred' illegal immigrants from custody, but it was determined later that the administration had drastically misrepresented the number to the public and more than 2000 criminal illegal immigrants had been released from custody.  The release of the illegal immigrants was circumspect because sequester had not been implemented, yet the administration was citing it as the rationale for releasing the illegal immigrants..."

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