Legislation will close loophole in law that allows for criminal immigrants to be released
Idaho Congressman Mike Simpson is a cosponsor of H.R. 1932, the Keep Our Communities Safe Act. This bill will allow Department of Homeland Security (DHS) to detain dangerous criminal immigrants beyond six months who are under orders of removal but cannot be deported.
“Because of a court ruling, law enforcement is required to release dangerous immigrant criminals after six months of detention if they cannot be deported to their home country, even though many countries make it difficult to repatriate immigrants. This is just wrong and we need to close this absurd loophole that allows criminals to walk free in our communities,” said Simpson.
In the 2001 decision of Zadvydas v. Davis, the Supreme Court ruled that under current law, immigrants who had been admitted to the U.S. and then ordered removed could not be detained for more than six months. In the 2005 case of Clark v. Martinez, the Supreme Court expanded its decision in Zadvydas to apply to those who entered the United States illegally.
As a result, the Justice Department and DHS have had no choice but to release thousands of criminal immigrants into American neighborhoods. In the last two years, close to 10,000 immigrants with orders of removal were released. Justice Department officials have stated that these criminal immigrants include rapists, child molesters, murderers, and other dangerous criminals.
This bill would allow DHS to detain dangerous criminal immigrants beyond six months who are under orders of removal but cannot be deported. The legislation would also correct Circuit Court decisions interfering with the ability of DHS to detain illegal and criminal immigrants during their removal proceedings so they do not abscond.
“American families should not have to worry that dangerous criminals are walking their streets because their home country would not let them return,” said Simpson. “H.R. 1932 takes action to make sure that immigrants who commit dangerous crimes can stay in jail and out of our communities.”