U.S. Has Legal Means To Stop Detention Revolving Door.

Beltway sniper

John Lee Malvo
might be the most

famous illegal alien
ever detained and released by
the Immigration Service on the lying promise that he
would attend U.S. Immigration Court hearings.

But detaining and releasing aliens like the young
Jamaican and his mother on minimal immigration bonds is
nothing new. Dozens, perhaps hundreds of illegal aliens
like Malvo just walk right through the same federal
immigration bureaucracy every day.

How many? Who knows?

Thanks to a
chronic lack of detention space, lax immigration bonds
on the border, candy store-like “humanitarian parole”
procedures at ports of entry, and the delay-ridden
litigation bureaucracy of the

Executive Office for Immigration Review
[the EOIR
Immigration Court system inside the

Department of Justice
], illegal aliens pass right
through immigration detention and on to destinations all
over the country every day.

And once
released from custody, aliens obviously have little
incentive to return for hearings and/or deportation.
Boatloads of  smuggled
and others from

around the globe
continue to disappear into the
United States this way.

something is done to stop the revolving door of
immigration detention, the United States will never be
able to get control of the illegal immigration problem.
If not detained during the entire disposition of the
review process (whether before the EOIR Immigration
Court or not), illegal aliens who are

already caught
inside the United States, or arrested
at ports of entry, will simply disappear.

But take
heart. The EOIR stands ready to perform rituals ordering
aliens removed

In Absentia
(in their absence). In reality, of
course, the government will never see these aliens

When illegal
aliens are apprehended inside the United States, some
elect decide voluntarily to return to their native
countries. Those who do not will be detained under an
immigration bond initially set by the INS, and reviewed
by an

immigration judge.
Illegal aliens who appear without
documents at a border port of entry, or who drop from
the sky at an airport, will be detained as “arriving
aliens” under immigration law. If not sent back
immediately through

expedited removal,
“arriving aliens” have the
opportunity to be paroled into the country by the
Immigration Service.

parole decisions by the INS are not reviewable by the
EOIR. But current parole and bond policies are very lax.
They allow just about any alien, even asylum-seeking

gay Mexican transvestites
, to be released from
custody if they promise to appear again for Immigration
Court hearings. Even M*A*S*H`S

Corporal Klinger
has a shot at getting paroled in.

The federal government could opt for a

full enforcement
of Section 235(b) of the
Immigration Act. It just did so for aliens arriving by
sea – a decision my VDARE.COM

may have helped along. Then the government
just might be able to get control of illegal alien
detention. If aliens remain detained throughout the
process, the current wholesale abuse of the

“credible fear”
asylum review could be held in
check. Mandatory detention works like magic to separate
refugees from opportunists.

Bottom line:
The federal government should move to detain as many
illegal aliens as possible. It should keep them
detained. And it should keep them away from the

bureaucratic limbo
of EOIR Immigration Court.

of illegal aliens is the first step toward getting
control of illegal immigration

Under the
status quo of the reigning EOIR, aided by lax bond and
parole policies, illegal alien detention facilities on
the border and at ports of entry are little more than
comfort stations and welcome centers for illegal alien
travelers continuing their journey. If the Department of
Homeland Security does not set a new course to detain
and deport illegal aliens, the old service processing
centers of the INS will be become the new illegal alien
Ellis Islands of the twenty-first century.

The fight
between the fledgling

Department of Homeland Security
and the Attorney
General`s EOIR for control of immigration detention will
determine whether the federal government is serious – or
if the revolving-door bond and parole status quo will

Can the new

Border and Transportation Security
division overcome
the EOIR? The fate of real immigration reform hangs in
the balance.

Juan Mann, a lawyer, is the
proprietor of


December 21, 2002