FAILING TO USE REQUIRED DNA TECHNOLOGY TO IDENTIFY CRIMINAL ALIENS
DHS malfeasance undermines national security and public safety.
August 28, 2019
The pace at which events occur often makes it all but impossible to keep pace. This is particularly true where the multi-faceted immigration crisis is concerned.
While much attention is paid to the abject lack of security of the U.S./Mexican border, there are many other failings of the immigration system that often go unreported and ignored by the mainstream media and our politicians. I have repeatedly noted that while I am a firm supporter of the need to construct an effective wall/barrier along the southern border, there are many other elements of the immigration system that are no less important. I have therefore come to compare the wall along the border with a wing on an airplane. Without its wing an airplane won’t fly, however, a wing by itself goes nowhere.
On Wednesday August 21, I was invited by the producers at Fox News’ Fox & Friends First to participate in an interview to discuss a just-posted Fox News report, Watchdog Alerts President Trump That Border Agency Violated DNA Collection Law For Years, Letting Violent Criminals Walk Free.
That troubling report included the following excerpt:
In a scathing letter to Trump, exclusively obtained by Fox News, the U.S. Office of Special Counsel (OSC) said CBP's "noncompliance with the law has allowed subjects subsequently accused of violent crimes, including homicide and sexual assault, to elude detection even when detained multiple times by CBP or Immigration and Customs Enforcement (ICE)."The OSC told the White House that it was taking the "strongest possible step" to "rebuke the agency's failure to comply with the law," as well as its "unreasonable" attempts to defend its own conduct.Under the law, CBP was required to collect DNA from individuals in its custody, to be run against FBI violent-crimes databases. The procedure is separate from DNA collection designed to establish familial relationships among migrants at the border.
Aliens who were released by this demonstration of nonfeasance and, indeed, malfeasance, have committed more violent crimes, thereby claiming more innocent victims.
I accepted the invitation and Fox News has posted my interview under the title, Government watchdog says CBP violated its DNA collection law for years.
As I noted during my interview, bad guys use changes in identity the way a chameleon uses changes in coloration, to hide in plain sight among its intended victims.
Everyone associates the arrest of suspects with the fingerprinting and photographing of those who are arrested as a means of determining their true identities and to make certain that their fingerprints are retained for future reference. Currently DNA is also used as a means of identifying those who are taken into custody for the same reason.
Fingerprints, photographs and DNA all constitute biometrics.
The law that mandated that ICE and CBP use DNA to properly identify aliens who are taken into custody, was enacted back in 2005. During the Obama administration, Secretary Janet Napolitano asked the Attorney General to waive this important requirement claiming a lack of resources. Not surprisingly, the Attorney General complied.
Incredibly, nothing has apparently changed under the Trump administration and, as a consequence, hundreds of thousands of aliens who should have undergone DNA screening did not during the Obama administration and during the current administration.
The issue of the consequence of the failure of immigration law enforcement to effectively use biometrics is not new. In fact, we can look back to the particularly egregious case of Ángel Maturino Reséndiz-Ramirez aka the “Railway Killer” as noted in this excerpt in a Wikipedia article about him:
Murders and methodologyBy illegally jumping on and off trains within and across Mexico, Canada and the United States, generally crossing borders illegally, Reséndiz was able to evade authorities for a considerable time. United States government records show that he had been deported to Mexico at least four times since first entering the U.S. in 1973.[4]Reséndiz killed at least 15 people[5] with rocks, a pickaxe, and other blunt objects, mainly in their homes. After each murder, he would linger in the homes for a while, mainly to eat; he took sentimental items and laid out the victims' driver's licenses to learn about their lives. He stole jewelry and other items and gave them to his wife and mother, who lived in Rodeo, Durango, Mexico. Much of the jewelry was sold or melted down. Some of the items that were removed from the homes were returned by his wife and mother after his surrender. Money, however, was sometimes left at the scene. He raped some of his female victims; however, rape served as a secondary intent. Most of his victims were found covered with a blanket or otherwise obscured from immediate view.
Reséndiz-Ramirez had been in Border Patrol custody at least four times, was deported back to Mexico, illegally reentered and killed more innocent people.
He was eventually identified as the cold-blooded murderer of at least 15 people, put on trial and found guilty. He was subsequently executed but his execution did not bring any of his victims back to life. The families of those victims will never be the same.
Back then immigration law enforcement personnel did not transmit fingerprints electronically but usually by mail! All too often we would arrest an illegal alien, mail out the fingerprints and then, weeks later, receive a response that the alien was wanted for serious crimes. Of course, by then he/she had been deported or released.
During my first Congressional hearing, on May 20, 1997 before the House Immigration Subcommittee on the topic of Visa Fraud And Immigration Benefits Application Fraud when I was asked about a common problem I encountered in my positions as Immigration Inspector, Immigration Adjudications Officer and Special Agent, I replied that one of the biggest challenges was to uncover the true identities of those whom we interacted with and that imposters were a huge issue. Within a year the former INS began implementing electronic fingerprinting, but on a limited scale.
Here we are approaching the 18th anniversary of the terror attacks of September 11, 2001. The 9/11 Commission was clear in its finding that the key method of entry and embedding for terrorists was immigration fraud and identity fraud.
Yet we are now finding out that DNA technology which is a tremendously valuable tool that could enhance national security and public safety has been all but ignored by elements of the Department of Homeland Security or, as I came to refer to it when it was first created, the Department of Homeland Surrender.
It is completely unacceptable that CBP and ICE failed in its most fundamental mission: to protect America and Americans from aliens who pose a threat to national security and/or public safety.
Immigration enforcement personnel should learn from the mistakes of the past. However, as the famed playwright George Bernard Shaw lamented, “We learn from history that we learn nothing from history.”
The Trump administration must act swiftly and decisively to plug this gaping hole in the immigration system.
Failure is not an option!
Immigration, Citizenship, and the Federal
Justice System, 1998-2018
Rich part of Washington,
D.C. goes tooth-and-claw to prevent new child-migrant shelter in its neighborhood
DOJ: 64% of Federal Arrests in
2018 Were of Non-U.S. Citizens
DOJ:
Feds Arrested More Mexican Nationals than Americans in 2018
The total
number of federal arrests of Mexican nationals living in the United States now
exceeds the total number of federal arrests of American citizens, federal data
reveals.
DOJ: Federal Arrests of
Foreigners More Than Tripled in Last 20 Years
Immigration, Citizenship, and the Federal
Justice System, 1998-2018
By Mark Motivans
DOJ Office of Justice Programs, August 2019
https://www.bjs.gov/content/pub/pdf/icfjs9818.pdf
Highlights: Based on fiscal years—
The portion of total federal arrests that took place in the five judicial
districts along the In 1998, 63% of all federal arrests were U.S.-Mexico border
almost doubled from 1998 of U.S. citizens; in 2018, 64% of all (33%) to 2018
(65%) (table 6). federal arrests were of non-U.S. citizens Ninety-five percent
of the increase in federal (figure 1 and table 4). arrests across 20 years was
due to immigration Non-U.S. citizens, who make up 7% of the offenses (table 1).
U.S. population (per the U.S. Census Bureau In 2018, 90% of suspects arrested
for federal for 2017) , accounted for 15% of all federal immigration crimes
were male; 10% were arrests and 15% of prosecutions in U.S. district female
(table 9).
Rich part of Washington,
D.C. goes tooth-and-claw to prevent new child-migrant shelter in its neighborhood
Putting
on its Victorian gentleman suit (pace Tom Wolfe), the Washington
Post's editorial board tut-tuts a rich part of Washington, D.C.
and its political patrons, for pulling out all stops to
prevent construction of a child-migrant shelter in its fancy environs.
MANY AMERICANS are rightly outraged by the Trump
administration’s treatment of migrant children, who have been separated from
parents and ill-treated by authorities. Democrats have been understandably
eager to distance themselves from such policies — a stance that can result in
knee-jerk opposition even to sensible practices in effect during the Obama
administration.
That might explain the nearly uniform outcry from
Washington-area politicians incensed at federal plans to build new shelters for
migrant children in Northern Virginia and the District . The shelters, state-licensed and similar
to scores across the county in operation since before President Trump took
office, would help move migrant children out of squalid, cramped Border
Patrol stations near the U.S.-Mexico border. They would provide a way
station for unaccompanied minors while federal officials seek to place them
with U.S.-based relatives or foster families.
But local politicians, nearly all Democrats, have
balked at cooperating with federal authorities on any immigration matter. They
have denounced the proposed new shelters with objections that smack of NIMBYism
masquerading as humane concern for children. This month, the administration of
D.C. Mayor Muriel E. Bowser (D) enacted emergency rules that blocked a planned federal
shelter.
Just
some misplaced never-Trumpism, maybe with a whiff of NIMBYism?
Actually, the area has been plagued
by some of these child migrants, getting its name in the news more than
once for its gruesome murders. Here's one of them, courtesy of, sure
enough, the Washington Post:
Edwin Rios, 18, of Southeast Washington has been
charged with murder in the killing of Ariana Funes-Diaz, 14, Prince George’s
County police announced Friday.
Funes-Diaz was slain April 18 by MS-13 gang
members who feared that she would go to police about a kidnapping and robbery
that had occurred in the District, prosecutors said.
Funes-Diaz was lured to a tunnel in Riverdale,
Md., where she was forced to strip and then was beaten with a baseball bat and
cut with a machete in an attack that was recorded on camera, charging documents
state.
Her body was abandoned in the woods for a month
before police found it in a creek near where she was attacked, police said.
Three others have been charged as adults in the
case: Joel Escobar, 17, of Northeast Washington; Cynthia Hernandez-Nucamendi,
14, of Lothian; and Josue Fuentes-Ponce, 16, of Bladensburg.
The case sparked wider national attention after
the federal Immigration and Customs Enforcement agency rebuked Maryland
officials, saying they had released Escobar and Fuentes-Ponce at the close
of an unrelated case without notifying federal immigration authorities.
Those
are some child migrants authorities are getting a new shelter pipeline set
up for.
The
map here says that Prince George's County in Maryland is about six miles from the Takoma
district in Washington, D.C. where the resistance is.
It's
indisputable that bringing in more unvetted migrants mean there are going
to be more of these killings going on, something that might just affect property
values and the quality of life in this tony district.
Here's
a local NBC news report on what's going
on in that area, keying off that same gruesome MS-13 murder commited by some
illegal child migrants. I have transcribed (and boldfaced) some choice
snippets:
"to get a better understanding of how
MS-13 has evolved and why we're seeing so many gruesome
crimes..."
...
'Two of the city's four murders last year --
MS-13."
...
"More than five years ago, we were given a
special invitation travel with law enforcement to El Salvador
to learn about the MS-13 gang and its ties to our area."
...
"Since the time that we went to El Salvador
till now, would you say the gang has a larger presence in our area or a smaller
presence?"
"Large."
"What would you attribute that to?"
"Recruitment.
...
"And he says kids are entering the gang at
a much younger age. You've seen in our area MS-13 gang members as
young as nine years old."
"Starting the process. But you look at
them and say 'innocence.' (Inaudible) may not know right from wrong, but
the gang knows that. So they'll take that for their benefit."
...
"They feel or they believe that a juvenile
can commit the same violence as an adult would such as a stabbing or a decapitation but
they think nothing is going to happen to them in the judicial
system. So that's why the target is juveniles."
...
So
many gruesome crimes? Gangs increasing? Recruitment younger and
younger? Child migrants here alone looking for some
"family"? Gangs know child decapitators won't get punished? With that sort of
thing going on, you can bet the migrant center is going to be a bonanza for
gang recruitment and a new wave of gruesome crimes. Funny how these asylum
seekers always seem to end up in U.S. areas where those gangs they're
supposedly fleeing are right there waiting for them.
The
2001 "missing intern" Chandra Levy murder, even closer to Takoma
than Prince George's County, by the way, was also done by one of El
Salvador's illegal immigrants.
Now
the battle is couched in "concern" for the comfort of illegal child
migrants along with opposition to President Trump, even though, as
the Post notes, the policy is Obama's. And the crocodile tears are flowing.
The
Post rightly notes that if the child migrant center is not built, the kids are
going to be waiting in squalid detention camps down at the border and then end
up somewhere in maybe the Southwest instead, a place that has long
complained about border crime and the problem unvetted migrants bring. In fact,
leftist elites have always been sheltered from this kind of thing, happy to let
the whole issue of unvetted foreigners getting in without enforcement
to be the border's problem, up until Trump at least. The migrant community
that rich Washington D.C. has encouraged for its cheap gardeners and maids
-- and "can't live without" -- as the Daily
Beast says, has always been insulated from the real problems of allowing all
unvetted comers into the coontry. Well, now the place for the child migrant
shelter is being rightly placed in an affluent part of Washington so they can live
with the consequences of their choices, too.
It
sounds like President Trump or whoever he's got on the federal side trying to
build this shelter is combining proximity to the Salvadoran illegal immigrant
community - Washington's largest - with a little taste of the medicine these
liberals would like to inflict on the border regions and poorer parts of
the country.
I
can't think of a better place to put that shelter. Let them live with the
result of their own hypocrisy.
DOJ: 64% of Federal Arrests in
2018 Were of Non-U.S. Citizens
Listen to the Article!
(Getty Images/Robert
Nickelsberg)
(CNSNews.com) - Approximately 64 percent of the
arrests that the federal government made in fiscal 2018 were of non-U.S.
citizens, according to
a report released today by the Justice Department’s Bureau of Justice
Statistics.
That represents a dramatic change from just two
decades ago, when approximately 63 percent of federal arrests were of citizens
and only approximately 37 percent were of non-citizens.
According to the data for fiscal years 1998
through 2018 that the BJS released today, federal arrests of non-U.S. citizen
first surpassed federal arrests of citizens in fiscal 2008.
“In 1998, 63 percent of all federal arrests were
of U.S. citizens; in 2008, 64 percent of all federal arrests were of non-U.S.
citizens,” said the BJS report (“Immigration,
Citizenship, and the Federal Justice System, 1998-2018”).
Although immigration and immigration-related
offenses accounted for the vast majority of non-U.S. citizen arrests,
non-citizens were also over-represented among those arrested for
non-immigration offenses, according to the report.
“The five crime types for which non-U.S. citizens
were most likely to be prosecuted in U.S. district court in 2018 were illegal
reentry (72 percent of prosecutions), drugs (13 percent of prosecutions), fraud
(4.5 percent), alien smuggling (4 percent), and misuse of visas (2 percent).”
“Non-U.S. citizens, who make up 7 percent of the
U.S. population (per the U.S. Census Bureau for 2017), accounted for 15 percent
of prosecutions in U.S. district court for non-immigration crimes in 2018,”
said the report.
“In 2018,” it said, “non-U.S. citizens accounted
for 24 percent of all federal drug arrests and 25 percent of all federal
property arrests, including 28 percent of all federal fraud arrests,” said the
report.
Table 4 in the report lists the number of federal
arrests by the country of citizenship of the individual arrested for the fiscal
years from 1998 through 2018.
The table shows that the largest total number of
federal arrests in any of those years came in the latest year, fiscal 2018,
when the federal government made 195,771 arrests.
That was up 88.5 percent from the 103,866 total
arrests that the federal government made in fiscal 1998.
Of the 195,771 that the federal government
arrested in fiscal 2018, 125,027—or 63.9 percent—were non-U.S. citizens.
That was up 233.5 percent from the 37,486 non-U.S.
citizens the federal government arrested in fiscal 1998.
At the same time that the federal government was
arresting 125,027 non-U.S. citizens in fiscal 2018, it was arresting 70,542
U.S. citizens.
That was up 10.0 percent from the 64,137 U.S.
citizens the federal government arrested in fiscal 1998.
Of the 125,027 non-U.S. citizens that the federal
government arrested in fiscal 2018, 78,062 (or 39.9 percent) were from Mexico;
39,858 (or 20.4 percent) were from Central America; and 7,107 (or 3.6 percent)
were from other regions.
In the years since fiscal 1998, the most dramatic
increase in the number of non-U.S. citizens arrested annually was among those
from Central America.
From fiscal 1998 to fiscal 2018, the number of
Mexicans arrested annually by the federal government grew from 28,388 to
78,062. That was an increase of 49,674—or 175 percent.
From fiscal 1998 to fiscal 2018, the number of
Central Americans arrested annually by the federal government grew from 1,171
to 39,858. That was an increase of 38,687—or 3,303.8 percent.
From fiscal 1998 to fiscal 2018, the number of
individuals from other regions arrested annually by the federal government
declined from 7,927 to 7,107. That was a drop of 820—or 10.3 percent.
|
DOJ:
Feds Arrested More Mexican Nationals than Americans in 2018
The total
number of federal arrests of Mexican nationals living in the United States now
exceeds the total number of federal arrests of American citizens, federal data
reveals.
A new report by the Department of Justice (DOJ) finds that in
2018, the number of Mexican nationals arrested for federal crimes exceeded the
number of American citizens who were arrested for federal crimes by about 8,000
arrests.
For example, more than 78,000 federal arrests of Mexicans were
made last year. Compare that to the roughly 70,500 federal arrests made of
American citizens the same year. Over 20 years, the number of federal arrests
made of Mexican nationals in the U.S. has soared by 175 percent while federal
arrests of Americans grew by only 10 percent.
Likewise, the number of federal arrests of non-U.S. citizens is
nearly double the arrests of Americans. In 2018, law enforcement officials
arrested more than 125,000 non-U.S. citizens for federal crimes — a 234 percent
increase since 1998.
Central Americans in the U.S. have had the largest increase in
federal arrests over the last two decades. In 1998, only about 1,200 Central
Americans were arrested for federal crimes. Fast-forward to 2018, when nearly
40,000 Central Americans were arrested for federal crimes. This indicates an
increase in federal arrests of more than 3,300 percent over the last 20 years.
DOJ: Federal Arrests of Foreigners More than Tripled in Last 20 Years
DOJ: Federal Arrests of
Foreigners More Than Tripled in Last 20 Years
As Breitbart News reported, though non-U.S.
citizens represent just seven percent of the total U.S. population, they
accounted for 15 percent of all federal arrests and 15 percent of all
prosecutions for non-immigration related crimes in 2018. This indicates that
non-U.S. citizens were about 2.3 times as likely to be arrested or prosecuted
for non-immigration related crimes.
For non-immigration offenses, the total of federal arrests for
non-U.S. citizens between 1998 and 2018 increased nearly eight percent, and
between 2017 and 2018 rose almost ten percent.
Non-U.S. citizens were most likely to be prosecuted for illegal
re-entry, that is illegal aliens who have been previously deported, drugs,
fraud, alien smuggling, and misuse of visas.
A 2018 Government Accountability
Office (GAO) report discovered nearly all
illegal and legal immigrants in U.S. federal prisons are from Mexico, Honduras,
El Salvador, the Dominican Republic, Colombia, and Guatemala.
Between 2010 and 2015, the average annual cost to incarcerate
criminal illegal and legal immigrants slightly decreased — as the criminal
alien population slightly decreased as well — from $1.56 billion to about $1.42
billion. That cost is paid for by American taxpayers who are forced to offset
the costs of mass immigration to the country.
Every year, the U.S. admits more
than 1.5 million foreign nationals, with the overwhelming majority arriving
through the process known as “chain migration,” whereby newly
naturalized are able to bring an unlimited number of foreign relatives to the
country. Between 2005 and 2017, chain migration, alone, brought nearly 10 million foreign nationals
to the U.S.
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