The Government Accountability Office disclosed Thursday that Immigration and U.S. Customs Enforcement has released nearly 3,000 convicted sex offenders into U.S. society, all undocumented immigrants who illegally crossed our borders.
The GAO report said the 2,837 sex offenders, released to comply with a U.S. Supreme Court decision, compromised about 5 percent of the 59,347 deportable aliens released in the last 12 months, according to CNS News.
“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.”
So someone comes here illegally, commits another crime, does his time, and we can’t deport him because the convict’s native country doesn’t want him? Yep.
It’s all due to a divided Supreme Court’s 2001 decision in Zadvydas v. Davis, which held that detaining aliens subject to deportation for more than six months is unconstitutional unless there is “significant likelihood of removal in the reasonably foreseeable future.”
“Freedom from imprisonment lies at the heart of the liberty protected by the Due Process Clause,” Justice Stephen Breyer, a Clinton appointee, wrote in the majority opinion.
Justice Antonin Scalia’s dissenting opinion showed why he’s long been a favorite with conservatives.
“Insofar as a claimed legal right to release into this country is concerned, an alien under final order of removal stands on an equal footing with an inadmissable alien at the threshold of entry: He has no such right,” Scalia wrote.Justice Anthony Kennedy concurred with Scalia, taking the common-sense approach that “the authority to detain beyond the removal period is to protect the community, not to negotiate the aliens’ return.”
“An alien’s admission to this country is conditioned upon compliance with our laws, and removal is the consequence of a breach of that understanding,” Kennedy added.
The GAO report also noted that 220 of the 4,359 alien sex offenders who were successfully deported during the first 8 months of 2012 “subsequently returned to the United States and were arrested for another offense.”
The reported also said 5 percent of alien sex offenders released into U.S. society fail to register as sex offenders, concluding that “the risk that alien sex offenders will reside in U.S. communities without being registered is increased.”