Sanctuary policies in jurisdictions across the country have resulted in the release of more than 8,000 criminals Immigration and Customs Enforcement sought to deport in an eight-month period in 2014, according to a newly released Center for Immigration Studies report.
The detainer data, obtained by CIS via FIOA request, comes in the wake of the murder of Kathryn Steinle in the sanctuary city of San Francisco, allegedly by a multiple-deportee, multiple-felon illegal immigrant.
CIS’ report, authored by Jessica Vaughan, reveals that 63 percent of the 8,145 released criminal immigrants — in 276 jurisdictions from January 1, 2014, to August 31, 2014 — had “serious prior criminal records” and a fourth had a prior felony charge or conviction.
-5,132 were previously convicted or charged with a crime or were labeled a public safety concern. Of these,
-2,984 had a prior felony conviction or charge;
-1,909 had a prior misdemeanor conviction or charge related to violence, assault, sexual abuse, DUI, weapons, or drug distribution or trafficking;and
-239 had three or more other misdemeanor convictions.
According to the report, 1,867 of those release were arrested 4,300 times again— on some 7,491 charges — within that eight-month timeframe. The report notes ICE took custody of 40 percent of the recidivists but as of the time of the report, 60 percent remained at large.
“ICE’s analysis shines a light on the public safety problems created when local sanctuary policies cause the release of criminal aliens that ICE is seeking for deportation,” Vaughan said. “San Francisco’s sanctuary policies do not represent mainstream law-enforcement practice in America, but they are more widespread than is commonly realized.”
Indeed, as of last month the total number of detainers sanctuary jurisdictions did not honor grew to more than 17,000.
In her report Vaughan further highlighted six instance of serious crimes committed by criminal immigrants ICE sought to apprehend via a detainer but who were released by sanctuary jurisdictions.
–Santa Clara County, Calif.: On April 14, 2014, an individual with nine previous convictions (including seven felonies) and a prior removal was arrested for “first degree burglary” and “felony resisting an officer causing death or significant bodily injury”. Following release, the individual was arrested for a controlled substance crime.
–Los Angeles, Calif.: On April 6, 2014, an alien was arrested for “felony continuous sexual abuse of a child”. After release, the alien was arrested for “felony sodomy of a victim under 10 years old”.
–San Francisco, Calif.: On March 19, 2014, an illegal alien with two prior deportations was arrested for “felony second degree robbery, felony conspiracy to commit a crime, and felony possession of a narcotic controlled substance”, After release, the alien was again arrested for “felony rape with force or fear”, “felony sexual penetration with force”, “felony false imprisonment”, witness intimidation, and other charges.
–San Mateo County, Calif.: On February 16, 2014, an individual was arrested for “felony lewd or lascivious acts with a child under 14”. In addition, the alien had a prior DUI conviction. Following release by the local agency, the individual was arrested for three counts of “felony oral copulation with a victim under 10” and two counts of “felony lewd or lascivious acts with a child under 14”.
–Miami Beach, Fla.: On December 19, 2013, the police department arrested an alien for felony grand theft. This alien had been ordered removed (and presumably absconded) in 2009. The alien also had prior convictions for strong-arm robbery, cocaine possession, larceny, trespassing, theft, marijuana possession, and resisting an officer. After release by the local agency, the alien was arrested on two separate occasions; once for “aggravated assault with a weapon and larceny” and once for “under the influence of a controlled substance”.
–Santa Clara County, Calif.: On November 7, 2013, an alien was arrested (and later convicted) for “felony grand theft and felony dealing with stolen property”. This alien had been ordered removed in 2010 (again, a likely absconder). The alien also had prior felony and misdemeanor convictions for narcotic possession, theft, receiving stolen property, illegal entry, and other crimes. After release by local authorities, the alien was arrested for “felony resisting an officer causing death or severe bodily injury” and “felony first degree burglary”.
According to Vaughan, lawmakers should ensure that complying with federal immigration law is not optional.
“Further, those jurisdictions that do not comply with all detainers should face sanctions and be debarred from certain kinds of federal funding,” she said. “The Davis-Oliver Act, which is not pending in Congress, has provisions to address this problem directly.”
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