o'illegals - Tough Enforcement Policy

From: lc Sent: Friday, January 22, 2010 Subject:  Tough Enforcement Policy
Glad I'm retired...  ...me too!

Immigration Enforcement Agents Drive Illegal Aliens to Work

In a stunning shift in policy, Immigration and Customs Enforcement (ICE) agents last week apprehended approximately 60 illegal aliens en route to shovel snow at a Boston stadium and then drove them back to work. The illegal aliens had been hired by a temp firm to shovel snow at Gillette Stadium before the New England Patriots playoff game.  (Providence Journal, January 9, 2010).  The federal agents found the illegal aliens, most from Guatemala, in four unmarked vans that were stopped as part of a search for fugitives who had ignored deportation orders.  (Boston Globe, January 12, 2010). 

According to the aliens themselves, ICE agents took them to a local police station where they were fingerprinted and photographed. (Boston Globe, January 12, 2010).  ICE agents kept only seven of the illegal aliens in federal custody who were wanted and released the other forty-nine because they had no criminal records or outstanding deportation orders.  (Providence Journal, January 13, 2010).  ICE agents drove the released aliens to Gillette stadium to work and instructed them to report back to ICE for a determination of their immigration status.

The incident provides clear evidence that the Obama Administration has revived the highly-criticized "catch and release" policy.  Catch and release was the common name for a Border Patrol policy that instructed agents to apprehend and process illegal aliens, but release them with a notice to appear in court. Naturally, the vast majority of illegal aliens simply disappeared, in many cases moving elsewhere within the United States to settle down and work illegally. This policy was widely criticized as ineffective and counterproductive, and the Border Patrol abandoned it in 2005. 

True immigration reformers were concerned that the Obama Administration was signaling a return to catch and release when it issued new worksite enforcement guidelines in May. (See FAIR Legislative Update, May 4, 2009)  Of particular concern was the portion of the new guidelines which stated:  "ICE will continue to fulfill its responsibility to arrest and process for removal illegal workers encountered during worksite enforcement operations." (emphasis added)  No mention was made of detaining aliens while processing them for removal. Now, with the release of the illegal aliens detained last week, it is clear that the Obama Administration has no intention of detaining illegal aliens it apprehends, even in fugitive operations. 

For those aliens who wish to fight their removal in court, the Guatemalan government has hired a Miami-based law firm to provide free legal aid to the aliens, which is being coordinated through the Guatemalan consulate. (Providence Journal, Jan. 13, 2010).  Consul General Carlos Escobedo told the aliens: "We are here as a government to support you and help you,'' he said as lawyers prepared to work with each immigrant. "You are not alone.'' (Boston Globe, Jan. 12, 2010) Miguel Angel Ibarra, the Guatemalan vice minister of foreign affairs, called on the Obama Administration to halt deportations. Id.

Meanwhile, Gillette Stadium immediately terminated its agreement with the vendor who hired the illegal workers.  Id.  Stacey James, spokesman for the stadium and the Patriots, stated, "We believe in accountability, and we believe this company should be accountable for their actions...there's a process here, and this company has violated that working trust, and they're not going to earn our business going forward."  Id. 

A Department of Homeland Security spokesman declined to confirm or deny the incident. However, Rep. Lamar Smith, Ranking Member of the House Judiciary Committee blasted the Administration's actions: "The Obama administration has reinstated the failed catch-and-release policies of the past and has even gone so far as to turn federal law enforcement officers into taxi drivers to get illegal immigrants back to their illegal jobs!"  (Press Release, January 12, 2010).

 

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