February 12, 2005
Complex problems are associated with illegal aliens who commit crimes. Criminal aliens tend to be drug-oriented and violent, often preying on members of their own cultures. If deported, they frequently use new names to reenter the United States and establish residence in different cities. Furthermore, aliens do not confine their criminal activities to border cities--communities throughout this country are experiencing increasing alien involvement in drug importation and distribution, weapons smuggling, and violence against persons and property.
The escalation in alien crime has placed added demands on state and local law enforcement personnel. Effective identification of aliens involved in crime requires familiarity with fraudulent documentation. Proper arrest procedures must be carried out, and complex notification and reporting requirements must be satisfied; otherwise, dangerous aliens can escape prosecution and deportation. Handling the myriad problems associated with alien crimes is often beyond the capabilities of local police departments.
Accordingly, the U.S. Immigration and Customs Enforcement (ICE) provides vital assistance to state and local law enforcement agencies by answering questions about illegal alien activities; new laws that can expand investigative options; and ways that Federal, state, and local authorities can work together to combat alien crime.
CRIMINAL HISTORY
More than two-thirds of the defendants charged with an immigration offense were identified as having been previously arrested. Thirty-six percent had been arrested on at least 5 prior occasions; 22%, 2 to 4 times; and 12%,1 time.
Sixty-one percent of those defendants had been convicted at least once; 18%, 5 or more times; 26%, 2 to 4 times; and 17%, 1 time. Of those charged, 49% had previously been convicted of a felony: 20% of a drug offense; 18%, a violent offense; and 11%, other felony offenses. Twelve percent had previously been convicted of a misdemeanor.
Defendants charged with unlawful reentry had the most extensive criminal histories. Nine in ten had been previously arrested. Of those with a prior arrest, half had been arrested on at least 5 prior occasions.
Fifty-six percent of those charged with a reentry offense had previously been convicted of a violent or drug-related felony. By contrast, under half of those charged with alien smuggling, a third of those charged with unlawful entry, and just over a quarter those charged with misuse of visas and other charges had previously been arrested. The criminal histories of these defendants were generally less extensive: more than 70% had been previously arrested fewer than 5 times.
IMMIGRATION FRAUD
Immigration fraud is another method used by criminals and terrorists to gain entry into the United States and carryout their agendas. The Identity and Benefits Fraud Unit, an investigative component of U.S. Immigration and Customs Enforcement , is charged with detecting, deterring, and disrupting the fraudulent schemes used by terrorist and criminal organizations. In fiscal year 2003, the IBF Unit opened almost 3,700 new cases of immigration fraud and received or developed over 6,000 leads.
As the largest investigative arm in the Department of Homeland Security, ICE unites the functions, resources, and legal authorities of several previously fragmented border and security organizations into an integrated homeland security agency focused on investigations and enforcement. ICE’s mission is to prevent terrorist and criminal acts by targeting the people, money, and materials that support terrorist and criminal networks.
Sources: US Department of Homeland Security, US Immigration and Customs Enforcement, National Security Institute, National Association of Chiefs of Police
