Criminals find their way to Colorado prisons from Mongolia, Iraq, the Czech Republic, the Fiji Islands and 75 other nations.
Those foreign inmates will likely be eligible for deportation as soon as their sentences are complete. In the meantime, they are among the fastest-growing segments of the state’s prison population and a growing drain on already-scarce resources at the Department of Corrections.
Since 2005, the number of Colorado’s foreign-born inmates has increased 51 percent to 1,953.
Consider that under 8 USC § 1324 – Bringing in and harboring certain aliens, a section of law that is comprehended within the Immigration and Nationality Act (INA), it is a felony to aid, abet, encourage or induce aliens to enter our country illegally or remain in our country illegally.
Here is an excerpt from that section of law:
Title 8, U.S.C. § 1324(a) Offenses
- Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
- Harboring — Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who — knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
- Encouraging/Inducing — Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who — encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
- Conspiracy/Aiding or Abetting — Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
“California Prison Early Release Plan Won’t Be Delayed, Supreme Court Rules”
Michael W. Cutler, Senior Special Agent, INS (Ret.)
Senior Fellow, Californians for Population Stabilization
The title for my commentary was borrowed from the news report that was posted by the Huffington Post on August 2, 2013. While neither the title for the article nor the material contained in the Huffington Post article even mentioned immigration, in point of fact, this is an immigration story.
While advocates for massive immigration amnesty programs such as Comprehensive Immigration Reform paint glowing images of illegal aliens ignoring the reality that a significant percentage of illegal aliens come to ply their criminal trades in the United States while others are fugitives from justice in other countries and enter the United States with the hope that they can evade the “long arm of the law.”
“Sanctuary cities” and “sanctuary states” run interference for criminal aliens, shielding them from detection from ICE enabling them to remain in the United States. Of course the administration has gone to extraordinary lengths to not enforce the immigration laws, further exacerbating the problem.
Several years ago I participated in a debate on “Fox & Friends” about the sanctuary policies of San Francisco. Prisons were expunging the criminal histories of criminal aliens, making deportation impossible for some criminal aliens.
What I said then is just as relevant today.
Many members of violent gangs are aliens. The reality is that when the Mexican drug cartels and other transnational criminals organizations from countries around the world set up shop in the United States they send their thugs from their respective countries to run these criminal enterprises in the United States. Leaders of criminal organization want to work with people they know and trust. Consequently they work with criminals they have known for a long period of time in their home countries. Additionally, by sending their fellow countrymen to the United States to run their criminal organizations, they can keep them “in line” by threatening violence against the family members of those “employees” who might siphon money from the organization or otherwise “stray.”
It has been estimated that nationally, approximately 30% of the inmates in federal prisons are foreign born. In some states the percentage of foreign-born inmates is far higher.
Incredibly, on November 13, 2012 a news report appeared on television station KSWT-13 entitled:
The story was about how the Mexican Consul convinced the authorities at a Californian prison to provide high school education and diplomas to alien inmates.
Consider this quote from the report:
“The government of Mexico has always been concerned for the safety, health and education of its residents”, says Mexican consulate, Gina Andrea Cruz Blackledge. “Not just Mexicans but everyone from Latin America. With this program we want to make sure that the inmates have the tools to succeed when they are released, whether they are allowed to stay in the United States or if they are indeed deported.”
There was nothing in the report about who was paying for the education. While it is true that an education can help cut recidivism rates, an even more effect method of cutting down on recidivism is to deport aliens who are convicted of committing felonies after they serve their prison sentences.
Recidivist criminal aliens who are not removed from the United States victimize more people and then, when they are arrested they add to the overcrowding in prisons in California and elsewhere. Rather than seek to deport more criminal aliens it would appear that in California, dangerous criminals are about to be set free, further endangering public safety.