Congress of the United States
Washington, DC 20515

February 11, 1999

The Honorable Janet Reno
Attorney General
U.S. Department of Justice
10th Street and Constitution Ave., N.W.
Washington, D.C. 20530

Dear Madame Attorney General:

As you know, we have long been interested in the identification, detention and removal of illegal and criminal aliens from our country. These issues have a direct impact on the safety of families and individuals in our respective Congressional districts and throughout the nation. In this regard, we would like to express in the strongest terms our disappointment with the following recent actions on the part of the Immigration and Naturalization Service with respect to criminal and illegal aliens, Further, we ask that you direct the INS to take immediate steps to resolve these problems.

Possible Release of Criminal Aliens

We were incredulous upon reading the February 4, 1999, article in the Washington Post that stated that the INS is "making plans to release illegal immigrants who are being held on assault, drug trafficking and other charges, including some whom the agency is required by law to detain." The article further states that some of the aliens may be released include criminals who have been convicted of burglary, counterfeiting, smuggling, possession of explosives, extortion, manslaughter and sexual molestation."

In our view, a top priority of the INS should be the strict enforcement of the laws pertaining to criminal aliens. If the INS fails in this critical mission, it is endangering the safety, of countless citizens throughout the United States. This is what the INS is doing in flouting the explicit requirements of section 303 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), mandating the detention of certain classes of criminal aliens.

The INS's plans are especially troubling for three reasons. First, section 303 of IIRAIRA provided that implementation of its mandatory detention requirement could be delayed until October 1998 so that the INS would have two years to prepare which it has apparently failed to do. Second, at the same time that the INS is planning to release large numbers of criminal aliens, the agency asks for only $22.5 million in funding for new detention bed space in the Administration's fiscal year 2000 budget request. Clearly, the detention of criminal aliens is not now a priority of the INS. Third, the INS has needlessly wasted valuable detention space on criminal aliens whom the INS has failed to remove under the Institutional Removal Program, which remains inexcusably inefficient and has generated a number of critical GAO audits. A GAO study released in October 1998 estimated that the INS needlessly utilizes thousands of detention spaces and wastes about $80 million a year housing criminal aliens who should have been deported as soon as they were released from federal or state prison, but whose deportations were delayed because of INS inefficiency.

Further, we understand that the release policy was written by Acting Regional Director Michael Devine. As you may recall, the Inspector General of the Justice Department found that Mr. Devine knew and participated in the plan to improperly reduce the population of criminal aliens at the Krome Detention Facility in advance of the Congressional delegation visit. The Inspector General's report also found that Mr. Devine attempted to obstruct its investigation. Needless to say, we find it outrageous for the same person who was found to have improperly released criminal aliens to be sending out directives to INS district directors calling for the possible release of even more criminals. In conclusion, we ask that you direct Commissioner Meissner to drop these release plans immediately.

Failure to Adequately Fund Border Patrol

The Administration's budget request for fiscal year 2000 requests not one additional Border Patrol agent, despite the fact that section 101 of IIRAIRA authorizes 1,000 new agents next year. In addition, we have heard disturbing reports that while the INS was given funding for 1,000 new agents this year, not nearly this number will be trained and sent to the field.

These failures not only impede the fight against illegal immigration, but will also harm our nation' s efforts to stern the flow of illegal drugs across our borders. It is estimated that over fifty percent of the drugs flowing into the United States enter across the Southwest border. Even the White House Office of National Drug Control Policy has recognized the importance of the border to the fight against illegal narcotics. Yet, the INS budget does not include funding for one additional Border Patrol agent.

Failure, to Secure Our Southern Border Against a Mass Migration From Central America

When the INS designated Honduras and Nicaragua for Temporary Protected Status (TPS) in the wake of Hurricane Mitch, it failed to take the necessary steps to ensure that U.S. policy was not misunderstood by individuals in Honduras and Nicaragua and other countries in Central America. As a result we are seeing a rising tide of Central Americans attempting to illegally cross our southern border. According to press reports and reporting from our embassies in the region, many Central Americans read the TPS announcement as a blanket invitation to come to the United States. We believe poor handling of the announcement and associated public outreach in Central America by the INS was a major cause of this misunderstanding.

For instance, none of the INS public announcements warned of penalties for making a false claim to TPS status, no publicity was given any plans to step up border enforcement to guard against an influx from Central America and no mention was made that Central Americans attempting to cross our border would be detained and repatriated to their home countries. In addition, Commissioner Meissner's public statements, particularly at last month's "Puebla" Conference in San Salvador, advising that it was the Administration's intent to "overcome disparities in the treatment of Central American immigrants" in the Nicaraguan Adjustment and Central American Relief Act of 1997 sent the wrong message to a populace already looking northward. Her statements undoubtedly caused some to undertake a journey to the U.S. in the mistaken hope that they would be the beneficiaries of relief.

It is clear that the number of Central Americans, particularly Hondurans, attempting to cross the border has risen sharply in the six weeks since the TPS announcement. INS ineptitude threatens to turn an already grave situation into a major crisis. Now we have learned from press reports that the Border Patrol is releasing Central Americans apprehended at the border into local communities. (All of our information is from the media, embassy reporting and other unofficial sources. The INS has not responded to our requests for specific numbers regarding apprehensions of Central Americans at the border.) This outrageous policy will cause the released individuals to advise their relatives that they have "made it," inducing others to try.

We ask that you direct Commissioner Meissner to take all necessary steps to avert immigration crisis that has the potential to exceed the Mariel boatlift in magnitude. Specifically, we ask that all Central Americans attempting an illegal crossing be detained and repatriated as quickly as possible. In addition, the INS should amend its regulations to allow for expedited removal between ports of entry, as provided by IIRAIRA.

If the INS takes these actions immediately, it may still avoid the necessity of implementing an emergency Expanded Border Operations Plan. However, the INS should have such plan on standby and be prepared to implement it rapidly as circumstances require. Further, INS Headquarters should initiate a massive public outreach program advising the public (both in the U.S. and in Central America) that it is taking measures to prevent illegal entries from Central America and will quickly deport those who are apprehended.

Failure to Implement County/Local Jail Program

The INS has failed to implement, contrary to the express language of Public Law 105-141, a program to place INS agents in local and county jails for the purpose of identifying and detaining criminal and illegal aliens. This legislation passed both houses of Congress by an overwhelming margin and was signed into law by President Clinton on December 5, 1997. Despite the clear expression of Congressional support for this program, including specific language supporting the program in the fiscal year 1999 Commerce, Justice, and State Departments appropriations bill, the INS has failed to move forward with plans to implement the program. Moreover, it is our understanding that the fiscal year 2000 budget request by the Administration contains no new funding for this successful crime fighting program. We ask you to direct Commissioner Meissner, consistent with the statutory requirements, to implement this program in the current fiscal year,

Failure to Develop and Implement Comprehensive Interior Enforcement Strategy

A glaring example of the lack of strategic planning at the INS is the failure of the agency to develop a comprehensive interior enforcement strategy to apprehend and remove illegal and criminal aliens from the interior of the United States. The Commerce, Justice, and State Departments appropriations bill for fiscal year 1998 required that the INS submit such a strategy to Congress by April 1, 1998. The INS apparently completed the strategy within the last month but, despite repeated staff requests, the Judiciary Committee has been provided with no information on the content.

The INS's budget request for fiscal year 2000 provides us with a glimpse of a strategy, but what the agency requests falls far short of a comprehensive strategy. The INS merely requests resources for database enhancement at the National Crime Information Center, expansion of the national transportation system for alien removals, and 40 new beds for the detention of juvenile aliens. Yet, the INS requests no new positions for criminal investigators, nor does the request mention an expansion of worksite enforcement and Joint Terrorism Task Force participation.

The INS did implement a new worksite enforcement policy in May 1998. The new policy targets 15 industries that are known to hire illegal aliens and concentrates resources on employers who violate the criminal provisions of the employer sanctions laws. However, INS Regions or Headquarters must approve each operation. Thus, INS field managers no longer have the authority to respond quickly to information received about illegal alien workers. Employers are often given advance notice of when INS agents will arrive to detain illegal aliens. Most distressing is the policy's suggestion that the INS notify foreign consulates and the media of the fact that a worksite enforcement operation will take place. Although the policy cautious that the location of the operation should not be disclosed, the notification is unprecedented for a law enforcement operation and the integrity of the operation and officer safety may be jeopardized.

The net effect of the policy is that illegal aliens are not apprehended and removed because the INS provides ample warning to the employers, illegal alien employees and the public regarding when and where worksite enforcement operations will take place. The aliens simply move on to find new jobs and suffer no adverse consequences.

In addition, in Ventura County, California, the INS opened a sub-office in early 1998. The sub-office's responsibilities include workplace enforcement and increasing the detention and deportation of criminal and illegal immigrants. However, since its opening, the sub-office has not been staffed to the promised level and has not included the presence of uniformed agents. Furthermore, what little workplace enforcement has taken place has not included the detention or deportation of any illegal aliens. Taken together, these facts lead us to the obvious conclusion that the INS is not serious about enforcing immigration laws.

We would appreciate prompt action on the critical issues raised in the letter. Moreover, if Commissioner Meissner is unable to quickly address these enforcement problems, we will have no choice but to ask for the removal of the current Commissioner and her replacement with a new Commissioner who is capable of enforcing the law with regard to illegal and criminal aliens.

Sincerely,

/S/
LAMAR SMITH

/S/
ELTON GALLEGLY