Speech #1040013549

This must change. Our Nations citizens are shocked when they hear that this is how our Nations prison transfer treaties work. For example. in June of 1994 I had a constituent from Phoenix write me with some good suggestions about immigration reform. In the letter he said. "Can you enlighten me as to whether or not we have a law on the books which definitely requires the deportation of aliens who commit and are convicted of felonies? * * * [Someone] told me that once the alien is convicted of a felony. he is immediately deported to the country of origin with no appeals process and no bail." My answer to him was that this is how it should work but. because of the way our bilateral prison transfer treaties are written. I reemphasize. criminal aliens choose whether or not they are deported to their own country to serve out their sentences. Arizona has been particularly negatively impacted by this aspect of prison transfer treaties. specifically the United StatesMexico Prison Transfer Treaty. Gov. Fife Symington and Department of Corrections Director Sam Lewis have been working with Mexican authorities and the State Department to return some Mexican inmates to serve their sentences in Mexico. But. without the elimination of the prisoner consent provision of the outdated United StatesMexico Prison Transfer Treaty. the likelihood of their return is minimal. "Of those who we have determined to be eligible under the present [voluntary repatriation] criteria. 5 percent or less have demonstrated any willingness to return [to Mexico]." said DOC Director Lewis in a recent conversation. Something is clearly wrong when States such as Arizona. which have ideas about how to reduce the burden of incarcerating illegal aliens. are kept from doing so because the criminal does not like the idea of serving time in the prison system of his or her country. Mr. President. this problem is not going away. The INS estimates that as of October 1992. approximately 3.4 million illegal aliens were in this country and. according to INS. that number Is growing by about 300.000 yearly. In the Tucson border sector of Arizona alone. illegal immigrant apprehensions for the month of January are up 80 percent over the same period last year. I ask unanimous consent that a table be printed in the RECORD.