Speech #1140089825

There is a higher ratio of Hispanics serving drug sentences for both trafficking and possession convictions in Federal prisons. As Daniel Horowitz points out. this is because many of the drug offenders in Federal prison are serving sentences for drug convictions related to the illicit drug trade on the U.S.-Mexico border. "In response to a congressional request regarding sentencing data for Federal drug offenses. the U.S. Sentencing Commission sent data showing that 95 percent of the 305 individuals serving time in Federal prison for simple drug offenses are noncitizen ... only 13 simple possession cases were tried in nonborder districts in FY 2014 In a letter sent to Senator JEFF SESSIONS last fall. the Federal Bureau of Prisons reported that 77 percent of individuals convicted of Federal drug possession charges and more than 25 percent of individuals convicted of Federal drug trafficking charges in FY 2015 were noncitizen." Sometimes graphs give us a good look and give us a better picture of what we are talking about than a word picture does. So here is what the Federal Bureau of Prisons reported last fall. that of all the people in prison. in Federal prison. U.S. Federal prison for drug possession charges and convictions. 77 percent are noncitizens of the United States. That is right. We are using our United States prisons when it comes to Federal possession of drugs. Seventyseven percent of them housed are noncitizens. Twentythree percent of those in Federal prison for drug possession charges and convictions are citizens of the United States. "The profile for Federal drug prisoners is different than at the State level. and this is why Congress needs to recognize and address these differences when crafting legislation that will effect this population. Federal drug and immigration enforcement are for now inextricably tied together. and Mexican drug cartels are a serious threat to public safety. A serious debate over how to best address the War on Drugs and its effects on American communities can not ignore the immigration component. "Sentencing reform bills reducing penalties for some Federal prisoners � . * are being portrayed by their supporters as a long overdue corrective to harsh sentencing laws for individuals who violate Federal drug laws. which they argue create racial disparities in the Nations prison population. "Reforming drug sentencing laws is one thing. Releasing criminal aliens back into U.S. interior is quite another. The Obama administration has already shown its willingness to do the latter. including those who were deemed to be criminal threats to the public. Without a bill with strong. clear language and. most importantly. a Congress willing to extend oversight over the executive branch. it is plain that the sentencing reform legislation likely to soon come before Congress will accomplish little more than to provide an early release for dangerous criminal aliens. while still failing to hold President Obama to account for his failure to enforce U.S. immigration law." This article from Daniel Horowitz from this months Conservative Review said: "Yes. it was all an April Fools joke. The entire rationale and premise on which the top legislative priority of the D.C. people was built is an illusion. On a Federal level. there is no widespread epidemic of people being locked up for nonviolent drug offenses. "The entire debate over the prison population on a Federal level is absurd. Proponents of jailbreak legislation speak about the issue in the abstract and concoct all sorts of myths as to who is sentenced for Federal crimes. "This is. in fact. a finite and verifiable population. Why dont we stop talking past each other and actually take a look at what is the 800pound gorilla behind the Federal criminal justice system?" [ 1300 From there he goes on to talk about illegal immigration and the effect on our prisons. He said: "What is clear when you juxtapose the total convictions to the large number of immigrationrelated sentences and the drug trafficking convictions. the 800pound gorilla in the room when dealing with Federal crimes. isillegal immigration. Both directly. by clogging up the system with immigration cases. and indirectly. through the open border and drug cartels and proliferation of drugs. more than half of all Federal sentences are a byproduct of immigration and the drugs that are brought in as a result of the porous border . . . Hence. the entire premise of Federal jailbreak legislationthat there are infinite numbers of individuals serving time in Federal prison for .nonviolent drug offensesis complete bunk. "If we would deal with the immigration problem and keep out much of the drug infestation by building the fence"-it doesnt have to be a wall"and implementing visa tracking. both the direct effects of immigration and the drug problem. which is a byproduct of immigration. would reach a manageable level. We would save a lot of money on incarceration costs and dramatically reduce the prison population. all without risking the safety and security of Americans by indiscriminately and retroactively releasing violent criminals into our communities." And people should understand. what most prosecutors will tell you is. especially in the Federal systemthey dont have plea agreements like normally you find in most Statesthey agree on what charges they will allow a defendant to plea to and which ones they will drop. So. if there is violence in an offense. if there is a gun used in a drug offense or violence in a drug offense and a Federal prosecutor is trying to get someone involved for carrying out that violent drug offense. but they know they want to get the guy that is over this one. they want to get the bigger fish and the even bigger fish. they are going to have to have some kind of negotiation at that level.