Speech #1040002496

Criminal aliens now account for an alltime high of 25 percent of the Federal prison population and are. by far. the fastest growing segment of the Federal prison population. Throughout our Nations criminal justice system. there are an estimated 450.000 criminal aliensa staggering number. 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 of the blame. In fact. when it comes to criminal aliens. there is plenty of blame to go around and we in Congress are not immune. Congress deserves blame because our Federal criminal alien deportation laws. created on a piecemeal and patchwork ba.sis. set out an irrational. lengthy and overly complex process that prevents us from deporting criminals as rapidly as we should be. There are. however. many difficulties with the INS that have exacerbated this problem. 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 onto our streets. Also. many criminal aliens. having been 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 deportation hearings. One thing the INS does is 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 their work permits. As for actual deportation. the final step In the process. criminal aliens often are not actually deported even when deportation orders have been issued for them. According to the INS. there are more than 27.000 aliens. including many criminal aliens. who have been.ordered deported yet remain at large. It is no wonder that one frustrated INS official told us that only the stupid and honest actually get deported. Perhaps the ultimate indictment of the current system is that even on those rare occasions when the system actually 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. The subcommittee obtained long lists of criminal aliens who have repeatedly been deported only to reenter the country illegally and commit more crimes. My legislation addresses the serious problem posed by criminal aliens by simplifying. streamlining and strengthening the deportation process for these aliens who have been convicted of committing crimes in this country. 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 States 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 the 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 deportation at the time of sentencing. My legislation also restricts the defense currently used by criminal aliens to delay or avoid deportation. Also. 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 and other employees from cooperating with Federal immigration officials. I think that is hypocritical. I offered an amendment to the crime bill last year that was adopted 936 that would cut crime bill funding to local entities that adopt such policies of noncooperation. but my amendment was dropped in conference.