Convicted sex offenders from other lands ordered released in the United States
Immigration and Customs Enforcement ordered to release nearly 3,000 offenders to comply with Supreme Court decision
Illegal aliens in the United States pose several unique problems to the nation. Even worse is the fact that the Immigration and Customs Enforcement, or ICE, released 2,837 convicted criminal sex offenders back into local communities. The agency sought to comply with a Supreme Court decision authored by Clinton-appointed Justice Stephen Breyer.
The GAO report also revealed that large numbers of convicted alien sex offenders that ICE did in fact manage to deport from the country simply turned around and came back in- and committed yet another sex crime while inside the U.S.
"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."
In a 2001 Supreme Court case, Zadvydas v. Davis, ICE is required to release foreigners who have been convicted of sex crimes. In a five-to-four decision, the court ruled that the indefinite detention of removable aliens for greater than six months is unconstitutional unless there is "significant likelihood of removal in the reasonably foreseeable future."
Writing in his majority opinion, Associate Justice Stephen Breyer said "Freedom from imprisonment lies at the heart of the liberty protected by the Due Process Clause." Breyer was joined in this opinion by J.P. Stevens, Sandra Day O'Connor, Ruth Bader Ginsburg and David Souter.
Justice Antonin Scalia, writing for the minority, said: "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 inadmissible alien at the threshold of entry: He has no such right."
Concurring, Justice Anthony Kennedy noted 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."
Justice Clarence Thomas and William Rehnquist also expressed dissension from Breyer's opinion.
The GAO report also revealed that large numbers of convicted alien sex offenders that ICE did in fact manage to deport from the country simply turned around and came back in- . and committed yet another sex crime while inside the U.S.
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