Speech #1030140519

As I said. aliens are the fastest growing segment of the Federal population. It is this growth. on top of the already staggering numbers. that arouses our great concern. Although our investigation found that the Immigration and Naturalization Service is not adequately responding to the criminal alien problem. the INS does not deserve all the blame. Congress deserves blame for our criminal alien deportation laws. created piecemeal. that set out an irrational. lengthy. and complex process. This next chart shows just how confusing and complicated the current process is. I will remind you that the proposed health reform structure is just as complicated. It is no wonder that we are not deporting criminals as rapidly as we should be. Problems with the INS. however. are many. For example. the INS is unable to even identify most of the criminal aliens who clog our State and local jails before these criminals are released back onto our streets. Many criminal aliens that are identified are released on bond while the lengthy deportation process is pending. It should be a surprise to no one that many skip bond and never show up for their hearings. According to INS figures. in 1992. there were nearly 11.000 aliens convicted of aggravated felonies. the most serious crimes. who failed to show up for their deportation hearings. Ironically. the INS does routinely provide criminal aliens with work permits legally allowing them to get jobs while their appeals are pending. One INS deportation officer told my staff that he spends only about 5 percent of his time looking for criminal aliens. because he must spend most of his time processing work permits for criminal aliens. As for actual deportation. the final step in the process. even when final deportation orders are issued for criminal aliens they are often not actually deported. The INS has reported that there are over 27.000 aliens. including many criminal aliens. who have been ordered deported yet remain at large. One frustrated INS official told us that only the stupid and honest actually get deported. Finally. even when the system works and a criminal alien is deported. reentry into the United States is so easy that it makes the whole process appear to be a giant exercise in futility. PSI obtained long lists of criminal aliens who have repeatedly been deported and reentered this country. As many of us know. certain State and local governments have been highly critical of what they see as the Federal Governments inability to effectively police our Nations borders. Yet. some of these same jurisdictions have passed laws and adopted official policies prohibiting their local police departments from cooperating with Federal immigration officials. I think that is hypocritical. I offered an amendment to the crime bill that was adopted 936 that would cut crime bill funding to entities that adopt such policies of noncooperation. A similar provision is included in this legislation. My legislation addresses the serious problem of criminal aliens by simplifying. streamlining. and strengthening the deportation process for criminal aliens. My legislation simplifies existing law by eliminating the confusing array of crimes for which criminal aliens are deportable. Under my legislation. any alien who commits any felony is deportableperiod. My legislation streamlines the deportation process for criminal aliens by. among other things. requiring aliens who are not permanent residents and who wish to appeal deportation orders. to do so from their home countries. after they have been deported. My legislation further streamlines the process by allowing. for the first time. State and Federal judges to order the deportation of criminal aliens. Once an alien has been convicted beyond a reasonable doubt of having committed a felony. having had the benefit of all due process that is required in our criminal justice system. there Is no reason why the sentencing judge should not also be permitted to enter an order of deportration at the time of sentencing. My legislation also restricts the defenses currently used by criminal aliens to delay or avoid deportation and strengthens the existing law by enhancing penalties for reentry after deportation and failure to depart after being ordered deported. Through this comprehensive legislative package. I believe we can make inroads against the growing and serious problem of criminal aliens in this country.