“ICE reported that there are 156 criminal aliens who were released at least twice by ICE since 2013. Between them, these criminals had 1,776 convictions before their first release in 2013, with burglary, larceny, and drug possession listed most frequently.

Wouldn’t take them back? Then why must we? should be the follow-up.

(For those who wish to discredit the report and shoot the messenger, I have provided a link.) However, the facts and the ICE commentary cannot be dismissed.

Government officials clarify (official report):

Many of the individuals described in the report were released under restrictions such as GPS monitoring, telephone monitoring, supervision, or surety bond. In some of the releases in 2013, ICE was required by law to release the individuals from custody, pursuant to decisions by the Supreme Court and other federal courts.

The basis for the courts to require the releases (the 75% number) of these aliens is apparently a series of cases referred to as the Zadvydas cases. Here is a snippet of the “logic” from the Ninth Circuit court:

Kim Ho Ma, respondent in No. 00—38, is a resident alien born in Cambodia who was ordered removed based on his aggravated felony conviction. When he remained in custody after the removal period expired, he filed a §2241 habeas petition. In ordering his release, the District Court held that the Constitution forbids post-removal-period detention unless there is a realistic chance that an alien will be removed, and that no such chance existed here because Cambodia has no repatriation treaty with the United States. The Ninth Circuit affirmed, concluding that detention was not authorized for more than a reasonable time beyond the 90-day period, and that, given the lack of a repatriation agreement, that time had expired.

It seems that not only is illegal entry into the country no longer a reason for deportation, but a felony on top of that illegal entry seems a ticket for residency. Remarkable.