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ICE Released 2,837 Convicted Alien Sex Offenders to Comply With Supreme Court Ruling

Posted on 14-Sep-2013
Topics: Illegal Immigration and Crime  

From CNS News:

Immigration and Customs Enforcement (ICE) has released 2,837 convicted criminal alien sex offenders back into American communities in order to comply with a Supreme Court decision authored by Clinton-appointed Justice Stephen Breyer, according to a new report by the Government Accountability Office (GAO).

The 2,837 sex offenders represented five percent of the 59,347 deportable aliens that have been released from detention under the supervision of U.S. Immigration and Customs Enforcement (ICE), according to the GAO report, which was released Thursday.

“There are circumstances in which criminal aliens who have been ordered removed from the United States – including those convicted of a sex offense – cannot be removed,” the report states. “For example, a criminal alien may not be removed because the designated country will not accept the alien’s return.”

The GAO report refers to the 2001 Supreme Court case Zadvydas v. Davis to explain why ICE is required to release foreigners who have been convicted of sex crimes. In its 5-4 decision, the court ruled that the indefinite detention of removable aliens for greater than six months is unconstitutional unless there is “significant likelihood of removal in the reasonably foreseeable future.”

...

The GAO report also revealed that large numbers of convicted alien sex offenders that ICE did in fact manage to deport from the country simply turned around and came back in--and then committed another offense inside the United States.

"According to the data that ICE-ERO provided to us," said the GAO report, "of 4359 alien sex offenders who were removed from the country between January and August 2012, 220 of them (5 percent) had previously been removed but subsequently returned to the United States and were arrested for another offense."

Also, about five percent of released aliens sex offenders did not register as sex offenders in the communities where they settled as required by federal law. “The risk that alien sex offenders will reside in U.S. communities without being registered is increased,” the GAO concluded.

Sources:

[1] "ICE Released 2,837 Convicted Alien Sex Offenders to Comply With Supreme Court Ruling", Alissa Tabirian, CNS News, 13-Sep-2013

[2] "SEX OFFENDERS: ICE Could Better Inform Offenders It Supervises of Registration Responsibilities and Notify Jurisdictions when Offenders Are Removed", United States Government Accountability Office, Sep 2013

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