Term Paper on "Justice Process for Illegal Immigrants Who Commit Crimes"

Term Paper 5 pages (1868 words) Sources: 1+

[EXCERPT] . . . .

Justice Process for Illegal Immigrants Who Commit Crimes

The most aggressive criminals presently are illegal aliens. However, in cities where such aliens perpetrate highest crimes, the police are not capable of applying the most common tool-their immigration status-to detain them. The ban of LAPD on immigration enforcement entails bans on immigrant-saturated cities all over the nation from New York and Chicago to San Diego, Austin and Houston. Such 'sanctuary policies' normally deter city personnel along with the cops from reporting immigration violations to the federal authorities. Irrespective of their harmfulness the sanctuary rules are symbol of a much extensive epidemic: lack of the control of the nation over immigration policy. Prior to about half a century the immigration policy was determining the number of immigrants but presently the number determines the policy. (Illegal-Alien Crime Wave)

The irresistible enhancement of immigration is reorganizing the language and the legal jurisprudence to wipe out any differentiation between legal and illegal aliens and finally, the very intention of national borders. This illustrates the magnitude of confusion the immigration environment has become that to speak police officials about the illegal-alien crime problem feels like gross indiscretion and not performed in polite company. And also a police personnel told to infringe such powerful taboo will entail a strangled reaction. In the meantime, innumerable illegal aliens engage in their employment, shop, travel and commit crimes in a common manner being secured from their de facto immunity from the immigration law. Police personnel are reluctant to disclose and hardly respond to the issue of illegal aliens. However, it is surprising to note the magnitude for law enforcement.

To illustrate, about 95% of the all pending warrants for murder in Los Angeles aggregating to about 120 to 1500 are targeted to illegal aliens. About 17000 of fugitive felony constituting about two-thirds of the total appear to be of illegal aliens. A confidential analysis made by California Department of Justice in 1995 revealed that about 60% of the 20,000- strong 18th Street Gang is considered illegitimate. It has a close linkage with Mexican Mafia, the dominant force in California prisons, on complicated drug-distribution program, extortion, and drive-by assassinations and perpetrates an assault or robbery every day in LA County. There is an exponential growth of the gang with deployment of youngsters, most of which are illegal immigrants from America and Mexico. (Illegal-Alien Crime Wave)

It is also found in 2002 that 60% of the Columbia Lil' Cycos gang that engage in murder and racketeering to regulate the drug market around LA's MacArthur Park appear to be illegal. Such findings in respect of official crime studies led the LAPD and the LA City attorney to request for an injunction against drug trafficking in Hollywood, aiming at 18th Street Gang and also the non-gang members mostly all illegal Mexicans, engaged in selling of drugs in Hollywood for the gang. The police and enforcement authorities commonly acknowledge the immigration status of such non-gang 'Hollywood dealers' However, the gang injunction is persistently neutral in the issue. When a Hollywood officer attempt to detain an illegal dealer for his immigration status or even report the Immigration and Naturalization Service ever since 2003 he would confront severe discipline for violating Special Order 40, the sanctuary policy of the city.

The enacted order Special Order 40 in 1979- deters an officer from starting police action where the objective is to find out the alien status of a person. The police even have no authority to ask someone detained even for his immigration violation. This constituted a bottom line: a cordon sanitaire between local law enforcement and immigration authorities that generates a safe haven for illegal immigrant criminals. The actual reason behind deterrence of the enforcement authorities from reporting of illegal immigration and enforcement is the numbers. The immigrants have grown to such an extent that the public officials are terrified of isolating it even at the cost of ignoring the law and tolerating violence. (Illegal-Alien Crime Wave)

Illegal immigrants refer to foreign nationals who have an entry into the U.S. In absence of any legal status with violation of the terms and conditions of a legal entry document. Even the legal aliens those entered and remained in U.S. become illegal with violation of the terms and conditions of their visas. The illegal immigration persistently grows without any hindrances in America. However, there exists no government website for reporting illegal immigrants to the Department of Homeland Security or DHS or its Immigration and Customs Enforcement or ICE division. A private website- www.reportillegals.comprovides scope to report for illegal immigration and indicates to pick up a telephone and call [HIDDEN] DHS-2ICE to report suspicious activity. However, the complaints filed by private 'reporting service center appears to have less credibility if they are all from the same place, instead from the actual complaining individual. (Juan Mann's frequently asked Questions about Immigration and the Law)

The procedure pertaining to reporting illegal aliens or criminal alien residents to the federal government involve contacting the Immigration and Custom Enforcement Division of the Department of Homeland Security by calling (866) DHS-2ICE to report suspicious activity when there is no U.S. Border Patrol Station nearby. It is worthwhile either to make a report there or ask for the number of the nearest ICE field office with an investigation division duty agent. All the foreign nationals in U.S. are necessitated by law to carry a passport and visa, or their permanent resident alien card with them at all times. The immigrants in U.S. already are having their own national ID card, however, the difficulty arises in the fact that no body in law enforcement bothers to check them anyhow. Compelling the United States citizens to have a new 'citizen ID' is not essential, since they are having their own ID in the form of driver's license.

The Immigration and the Naturalization Service or INS and the Executive Office for Immigration Review or EOIR are different agencies within the Department of Justice. Both have the liability for removal of illegal immigrants and criminal alien residents from the United States. The Immigration and the Naturalization Service or INS has the liability of apprehending and bringing out the immigration charges against aliens. The Executive Office for Immigration Review or EOIR has the constituents of the countrywide United States Immigration Court System and its appellate organ, which is the Board of Immigration Appeals or BIA in Falls Church, Virginia. In the Immigration Court charges the INS plays the part of a prosecuting agency, and in the meanwhile he EOIR fulfills the liability of a judge. The charges so framed are referred to the eighteen-member BIA and then to the federal circuit courts of appeal. (Juan Mann's frequently asked Questions about Immigration and the Law)

The process of visualizing one illegal alien or criminal resident alien through Immigration Court hearings and the two-stage appeal process is a prolonged one involving years together, delaying thereby the final decision on deportation. While the EOIR officials are engaged themselves in the process the aliens remain in the United States. Irrespective of the fact that inherent attitude behind the hearing and appeal process was apparently for illegal aliens to be accorded 'due process' prior to being deported, the ultimate consequence was a system that only prolongs the continuance of the illegal aliens and criminal alien residents in the United States. This system is fragmented. It necessitates to be streamlined in order for the United States to be able to regulate its immigration. Transforming the INS into the newly generated Department of Homeland Security, while the EOIR continues to be intact in the Department of Justice, does little to eradicate the deportation abyss of federal immigration bureaucracy. (Juan Mann's frequently asked Questions about Immigration and the Law)

The 104th Congress enacted the law of Illegal Immigration Reform and Immigrant Responsibility Act or IIRAIRA in 1996 and the Anti-Terrorism and Effective Death Penalty Act or AEDPA. The inherent ideology behind such legislations was to regulate illegal immigration. However, IIRAIRA and AEDPA, in reality incorporated many such provisions that extensively influenced American families, legal immigrants and others attempting to enter the United States legitimately. The 1996 laws provided for scheduled detention of the legal immigrants are detained without bond, deported without any consideration for relief, confined in their access to counsel, and barred from appealing to courts. The legislations have extended the basis for deportation, subjecting long-term immigrants to obligatory detention and usual deportation for comparatively less remarkable crimes. It has been laid down to make the punishment suitable to crime. It has been affirmed that there should not be any change of the rule in the middle of the game. Deporting immigrants for the crimes that were not made deportable offenses at the time of their perpetration are regarded as unjust. The definition of 'aggravated felony' was amended to incorporate only the serious offenses. The Immigration Judges are required by law to make decisions based on the facts of the case. The detention is resorted to only when… READ MORE

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