The Illegal-Alien Crime Wave
Heather Mac Donald
http://www.city-journal.org/html/14_1_the_illegal_alien.html________________________
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Some of the most violent criminals at large today are illegal aliens. Yet in cities where the crime these aliens commit is highest, the police cannot use the most obvious tool to apprehend them: their immigration status. In Los Angeles, for example, dozens of members of a ruthless Salvadoran prison gang have sneaked back into town after having been deported for such crimes as murder, assault with a deadly weapon, and drug trafficking. Police officers know who they are and know that their mere presence in the country is a felony. Yet should a cop arrest an illegal gangbanger for felonious reentry, it is he who will be treated as a criminal, for violating the LAPD’s rule against enforcing immigration law.
I asked the Miami Police Department’s spokesman, Detective Delrish Moss, about his employer’s policy on lawbreaking illegals. In September, the force arrested a Honduran visa violator for seven vicious rapes. The previous year, Miami cops had had the suspect in custody for lewd and lascivious molestation, without checking his immigration status. Had they done so, they would have discovered his visa overstay, a deportable offense, and so could have forestalled the rapes. “We have shied away from unnecessary involvement dealing with immigration issues,” explains Moss, choosing his words carefully, “because of our large immigrant population.”
Police commanders may not want to discuss, much less respond to, the illegal-alien crisis, but its magnitude for law enforcement is startling. Some examples:
• In Los Angeles, 95 percent of all outstanding warrants for homicide (which total 1,200 to 1,500) target illegal aliens. Up to two-thirds of all fugitive felony warrants (17,000) are for illegal aliens.
• A confidential California Department of Justice study reported in 1995 that 60 percent of the 20,000-strong 18th Street Gang in southern California is illegal; police officers say the proportion is actually much greater. The bloody gang collaborates with the Mexican Mafia, the dominant force in California prisons, on complex drug-distribution schemes, extortion, and drive-by assassinations, and commits an assault or robbery every day in L.A. County. The gang has grown dramatically over the last two decades by recruiting recently arrived youngsters, most of them illegal, from Central America and Mexico.
• The leadership of the Columbia Lil’ Cycos gang, which uses murder and racketeering to control the drug market around L.A.’s MacArthur Park, was about 60 percent illegal in 2002, says former assistant U.S. attorney Luis Li. Francisco Martinez, a Mexican Mafia member and an illegal alien, controlled the gang from prison, while serving time for felonious reentry following deportation.
Those non–gang members are virtually all illegal Mexicans, smuggled into the country by a ring organized by 18th Street bigs. The Mexicans pay off their transportation debts to the gang by selling drugs; many soon realize how lucrative that line of work is and stay in the business.
Cops and prosecutors universally know the immigration status of these non-gang “Hollywood dealers,” as the city attorney calls them, but the gang injunction is assiduously silent on the matter. And if a Hollywood officer were to arrest an illegal dealer (known on the street as a “border brother”) for his immigration status, or even notify the Immigration and Naturalization Service (since early 2003, absorbed into the new Department of Homeland Security), he would face severe discipline for violating Special Order 40, the city’s sanctuary policy.
L.A.’s sanctuary law and all others like it contradict a key 1990s policing discovery: the Great Chain of Being in criminal behavior. Pick up a law-violator for a “minor” crime, and you might well prevent a major crime: enforcing graffiti and turnstile-jumping laws nabs you murderers and robbers. Enforcing known immigration violations, such as reentry following deportation, against known felons, would be even more productive. LAPD officers recognize illegal deported gang members all the time—flashing gang signs at court hearings for rival gangbangers, hanging out on the corner, or casing a target. These illegal returnees are, simply by being in the country after deportation, committing a felony (in contrast to garden-variety illegals on their first trip to the U.S., say, who are only committing a misdemeanor). “But if I see a deportee from the Mara Salvatrucha [Salvadoran prison] gang crossing the street, I know I can’t touch him,” laments a Los Angeles gang officer. Only if the deported felon has given the officer some other reason to stop him, such as an observed narcotics sale, can the cop accost him—but not for the immigration felony.
The real reason cities prohibit their cops and other employees from immigration reporting and enforcement is, like nearly everything else in immigration policy, the numbers. The immigrant population has grown so large that public officials are terrified of alienating it, even at the expense of ignoring the law and tolerating violence. In 1996, a breathtaking Los Angeles Times exposé on the 18th Street Gang, which included descriptions of innocent bystanders being murdered by laughing cholos (gang members), revealed the rate of illegal-alien membership in the gang. In response to the public outcry, the Los Angeles City Council ordered the police to reexamine Special Order 40. You would have thought it had suggested reconsidering Roe v. Wade. A police commander warned the council: “This is going to open a significant, heated debate.” City Councilwoman Laura Chick put on a brave front: “We mustn’t be afraid,” she declared firmly.
But of course immigrant pandering trumped public safety. Law-abiding residents of gang-infested neighborhoods may live in terror of the tattooed gangbangers dealing drugs, spraying graffiti, and shooting up rivals outside their homes, but such anxiety can never equal a politician’s fear of offending Hispanics. At the start of the reexamination process, LAPD deputy chief John White had argued that allowing the department to work closely with the INS would give cops another tool for getting gang members off the streets. Trying to build a homicide case, say, against an illegal gang member is often futile, he explained, since witnesses fear deadly retaliation if they cooperate with the police. Enforcing an immigration violation would allow the cops to lock up the murderer right now, without putting a witness’s life at risk.
New York conveniently forgot the 1996 federal ban on sanctuary laws until a gang of five Mexicans—four of them illegal—abducted and brutally raped a 42-year-old mother of two near some railroad tracks in Queens. The NYPD had already arrested three of the illegal aliens numerous times for such crimes as assault, attempted robbery, criminal trespass, illegal gun possession, and drug offenses. The department had never notified the INS.
Citizen outrage forced Mayor Michael Bloomberg to revisit the city’s sanctuary decree yet again. In May 2003, Bloomberg tweaked the policy minimally to allow city staffers to inquire into immigration status only if it is relevant to the awarding of a government benefit. Though Bloomberg’s new rule said nothing about reporting immigration violations to federal officials, advocates immediately claimed that it did allow such reporting, and the ethnic lobbies went ballistic. “What we’re seeing is the erosion of people’s rights,” thundered Angelo Falcon of the Puerto Rican Legal Defense and Education Fund. After three months of intense agitation by immigrant groups, Bloomberg replaced this innocuous “don’t ask” policy with a “don’t tell” rule even broader than Gotham’s original sanctuary policy. The new rule prohibits city employees from giving other government officials information not just about immigration status but about tax payments, sexual orientation, welfare status, and other matters.
But even were immigrant-saturated cities to discard their sanctuary policies and start enforcing immigration violations where public safety demands it, the resource-starved immigration authorities couldn’t handle the overwhelming additional workload.
The chronic shortage of manpower to oversee, and detention space to house, aliens as they await their deportation hearings (or, following an order of removal from a federal judge, their actual deportation) has forced immigration officials to practice a constant triage. Long ago, the feds stopped trying to find and deport aliens who had “merely” entered the country illegally through stealth or fraudulent documents. Currently, the only types of illegal aliens who run any risk of catching federal attention are those who have been convicted of an “aggravated felony” (a particularly egregious crime) or who have been deported following conviction for an aggravated felony and who have reentered (an offense punishable with 20 years in jail).
That triage has been going on for a long time, as former INS investigator Mike Cutler, who worked with the NYPD catching Brooklyn drug dealers in the 1970s, explains. “If you arrested someone you wanted to detain, you’d go to your boss and start a bidding war,” Cutler recalls. “You’d say: 'My guy ran three blocks, threw a couple of punches, and had six pieces of ID.' The boss would turn to another agent: 'Next! Whaddid your guy do?' 'He ran 18 blocks, pushed over an old lady, and had a gun.' ” But such one-upmanship was usually fruitless. “Without the jail space,” explains Cutler, “it was like the Fish and Wildlife Service; you’d tag their ear and let them go.”
But even when immigration officials actually arrest someone, and even if a judge issues a final deportation order (usually after years of litigation and appeals), they rarely have the manpower to put the alien on a bus or plane and take him across the border. Second alternative: detain him pending removal. Again, inadequate space and staff. In the early 1990s, for example, 15 INS officers were in charge of the deportation of approximately 85,000 aliens (not all of them criminals) in New York City. The agency’s actual response to final orders of removal was what is known as a “run letter”—a notice asking the deportable alien kindly to show up in a month or two to be deported, when the agency might be able to process him. Results: in 2001, 87 percent of deportable aliens who received run letters disappeared, a number that was even higher—94 percent—if they were from terror-sponsoring countries.
To other law-enforcement agencies, the feds’ triage often looks like complete indifference to immigration violations. Testifying to Congress about the Queens rape by illegal Mexicans, New York’s criminal justice coordinator defended the city’s failure to notify the INS after the rapists’ previous arrests on the ground that the agency wouldn’t have responded anyway. “We have time and time again been unable to reach INS on the phone,” John Feinblatt said last February. “When we reach them on the phone, they require that we write a letter. When we write a letter, they require that it be by a superior.”
Criminal aliens also interpret the triage as indifference. John Mullaly a former NYPD homicide detective, estimates that 70 percent of the drug dealers and other criminals in Manhattan’s Washington Heights were illegal. Were Mullaly to threaten an illegal-alien thug in custody that his next stop would be El Salvador unless he cooperated, the criminal would just laugh, knowing that the INS would never show up. The message could not be clearer: this is a culture that can’t enforce its most basic law of entry. If policing’s broken-windows theory is correct, the failure to enforce one set of rules breeds overall contempt for the law.
The sheer number of criminal aliens overwhelmed an innovative program that would allow immigration officials to complete deportation hearings while a criminal was still in state or federal prison, so that upon his release he could be immediately ejected without taking up precious INS detention space. But the process, begun in 1988, immediately bogged down due to the numbers—in 2000, for example, nearly 30 percent of federal prisoners were foreign-born. The agency couldn’t find enough pro bono attorneys to represent such an army of criminal aliens (who have extensive due-process rights in contesting deportation) and so would have to request delay after delay. Or enough immigration judges would not be available. In 1997, the INS simply had no record of a whopping 36 percent of foreign-born inmates who had been released from federal and four state prisons without any review of their deportability. They included 1,198 aggravated felons, 80 of whom were soon re-arrested for new crimes.
Resource starvation is not the only reason for federal inaction. The INS was a creature of immigration politics, and INS district directors came under great pressure from local politicians to divert scarce resources into distribution of such “benefits” as permanent residency, citizenship, and work permits, and away from criminal or other investigations. In the late 1980s, for example, the INS refused to join an FBI task force against Haitian drug trafficking in Miami, fearing criticism for “Haitian-bashing.” In 1997, after Hispanic activists protested a much-publicized raid that netted nearly two dozen illegals, the Border Patrol said that it would no longer join Simi Valley, California, probation officers on home searches of illegal-alien-dominated gangs.
The disastrous Citizenship USA project of 1996 was a luminous case of politics driving the INS to sacrifice enforcement to “benefits.” When, in the early 1990s, the prospect of welfare reform drove immigrants to apply for citizenship in record numbers to preserve their welfare eligibility, the Clinton administration, seeing a political bonanza in hundreds of thousands of new welfare-dependent citizens, ordered the naturalization process radically expedited. Thanks to relentless administration pressure, processing errors in 1996 were 99 percent in New York and 90 percent in Los Angeles, and tens of thousands of aliens with criminal records, including for murder and armed robbery, were naturalized.
Another powerful political force, the immigration bar association, has won from Congress an elaborate set of due-process rights for criminal aliens that can keep them in the country indefinitely. Federal probation officers in Brooklyn are supervising two illegals—a Jordanian and an Egyptian with Saudi citizenship—who look “ready to blow up the Statue of Liberty,” according to a probation official, but the officers can’t get rid of them. The Jordanian had been caught fencing stolen Social Security and tax-refund checks; now he sells phone cards, which he uses himself to make untraceable calls. The Saudi’s offense: using a fraudulent Social Security number to get employment—a puzzlingly unnecessary scam, since he receives large sums from the Middle East, including from millionaire relatives. But intelligence links him to terrorism, so presumably he worked in order not to draw attention to himself. Currently, he changes his cell phone every month. Ordinarily such a minor offense would not be prosecuted, but the government, fearing that he had terrorist intentions, used whatever it had to put him in prison.
Now, probation officers desperately want to see the duo out of the country, but the two ex-cons have hired lawyers, who are relentlessly fighting their deportation. “Due process allows you to stay for years without an adjudication,” says a probation officer in frustration. “A regular immigration attorney can keep you in the country for three years, a high-priced one for ten.” In the meantime, Brooklyn probation officials are watching the bridges.
Even where immigration officials successfully nab and deport criminal aliens, the reality, says a former federal gang prosecutor, is that “they all come back. They can’t make it in Mexico.” The tens of thousands of illegal farmworkers and dishwashers who overpower U.S. border controls every year carry in their wake thousands of brutal assailants and terrorists who use the same smuggling industry and who benefit from the same irresistible odds: there are so many more of them than the Border Patrol.
For, of course, the government’s inability to keep out criminal aliens is part and parcel of its inability to patrol the border, period. For decades, the INS had as much effect on the migration of millions of illegals as a can tied to the tail of a tiger. And the immigrants themselves, despite the press cliché of hapless aliens living fearfully in the shadows, seemed to regard immigration authorities with all the concern of an elephant for a flea.
Certainly fear of immigration officers is not in evidence among the hundreds of illegal day laborers who hang out on Roosevelt Avenue in Queens, New York, in front of money wire services, travel agencies, immigration-attorney offices, and phone arcades, all catering to the local Hispanic population (as well as to drug dealers and terrorists). “There is no chance of getting caught,” cheerfully explains Rafael, an Ecuadoran. Like the dozen Ecuadorans and Mexicans on his particular corner, Rafael is hoping that an SUV seeking carpenters for $100 a day will show up soon. “We don’t worry, because we’re not doing anything wrong. I know it’s illegal; I need the papers, but here, nobody asks you for papers.”
Even the newly fortified Mexican border, the one spot where the government really tries to prevent illegal immigration, looms as only a minor inconvenience to the day laborers. The odds, they realize, are overwhelmingly in their favor. Miguel, a reserved young carpenter, crossed the border at Tijuana three years ago with 15 others. Border Patrol spotted them, but with six officers to 16 illegals, only five got caught. In illegal border crossings, you get what you pay for, Miguel says. If you try to shave on the fee, the coyotes will abandon you at the first problem. Miguel’s wife was flying into New York from Los Angeles that very day; it had cost him $2,200 to get her across the border. “Because I pay, I don’t worry,” he says complacently.
The only way to dampen illegal immigration and its attendant train of criminals and terrorists—short of an economic revolution in the sending countries or an impregnably militarized border—is to remove the jobs magnet. As long as migrants know they can easily get work, they will find ways to evade border controls. But enforcing laws against illegal labor is among government’s lowest priorities. In 2001, only 124 agents nationwide were trying to find and prosecute the hundreds of thousands of employers and millions of illegal aliens who violate the employment laws, the Associated Press reports.
Even were immigration officials to devote adequate resources to worksite investigations, not much would change, because their legal weapons are so weak. That’s no accident: though it is a crime to hire illegal aliens, a coalition of libertarians, business lobbies, and left-wing advocates has consistently blocked the fraud-proof form of work authorization necessary to enforce that ban. Libertarians have erupted in hysteria at such proposals as a toll-free number to the Social Security Administration for employers to confirm Social Security numbers. Hispanics warn just as stridently that helping employers verify work eligibility would result in discrimination against Hispanics—implicitly conceding that vast numbers of Hispanics work illegally.
The result: hiring practices in illegal-immigrant-saturated industries are a charade. Millions of illegal workers pretend to present valid documents, and thousands of employers pretend to believe them. The law doesn’t require the employer to verify that a worker is actually qualified to work, and as long as the proffered documents are not patently phony—scrawled with red crayon on a matchbook, say—the employer will nearly always be exempt from liability merely by having eyeballed them. To find an employer guilty of violating the ban on hiring illegal aliens, immigration authorities must prove that he knew he was getting fake papers—an almost insurmountable burden. Meanwhile, the market for counterfeit documents has exploded: in one month alone in 1998, immigration authorities seized nearly 2 million of them in Los Angeles, destined for immigrant workers, welfare seekers, criminals, and terrorists.
Hispanic advocates have helped blur the distinction between a legal and an illegal resident by asserting that differentiating the two is an act of irrational bigotry. Arrests of illegal aliens inside the border now inevitably spark protests, often led by the Mexican government, that feature signs calling for “no más racismo.” Immigrant advocates use the language of “human rights” to appeal to an authority higher than such trivia as citizenship laws. They attack the term “amnesty” for implicitly acknowledging the validity of borders. Indeed, grouses Illinois congressman Luis Gutierrez, “There’s an implication that somehow you did something wrong and you need to be forgiven.”
Illegal aliens and their advocates speak loudly about what they think the U.S. owes them, not vice versa. “I believe they have a right . . . to work, to drive their kids to school,” said California assemblywoman Sarah Reyes. An immigration agent says that people he stops “get in your face about their rights, because our failure to enforce the law emboldens them.” Taking this idea to its extreme, Joaquín Avila, a UCLA Chicano studies professor and law lecturer, argues that to deny non-citizens the vote, especially in the many California cities where they constitute the majority, is a form of apartheid.
But the non-enforcement of immigration laws in general has an even more destructive effect. In many immigrant communities, assimilation into gangs seems to be outstripping assimilation into civic culture. Toddlers are learning to flash gang signals and hate the police, reports the Los Angeles Times. In New York City, “every high school has its Mexican gang,” and most 12- to 14-year-olds have already joined, claims Ernesto Vega, an illegal 18-year-old Mexican. Such pathologies only worsen when the first lesson that immigrants learn about U.S. law is that Americans don’t bother to enforce it. “Institutionalizing illegal immigration creates a mindset in people that anything goes in the U.S.,” observes Patrick Ortega, the news and public-affairs director of Radio Nueva Vida in southern California. “It creates a new subculture, with a sequela of social ills.” It is broken windows writ large.
For the sake of immigrants and native-born Americans alike, it’s time to decide what our immigration policy is—and enforce it.
