The U.S. Marshals Service, under Attorney General Merrick Garland, provides field offices, sheriffs, agents, and detention centers with information on immigration detainees submitted by immigration and customs agents. We are drafting a policy change directing us to stop responding.According to a Washington Times report,the transition is reportedly already in effect in some jurisdictions.
This protocol puts USMS in the same category as New York City, San Francisco, and other notorious sanctuary cities. These cities have adopted ordinances designed to hinder ICE from carrying out its duties by allowing deportable criminal aliens to remain in our communities. to commit There is a tragic human cost.
For those of you who are unaware, a "detainee" is defined as a person held by ICE, an agency of the Department of Homeland Security, who has been released by a holding agency (in this case, the Marshal's Service). is to request that ICE has plenty of time to protect the aliens and begin the removal process.
Change. For the first time in our nation's history, one federal enforcement agency has been directed to overrule the enforcement of federal law by another federal agency by obstruction. The USMS is all the more remarkable because it is the oldest federal enforcement agency in the United States and has full powers to enforce all types of federal law.
Law — U.S. Code Title 28, Section 566(c) — is clear: “Unless otherwise required by law or procedural rules, the United States Marshals Service shall administer the warrants, proceedings, and orders issued under the authority of the United States and order all assistance necessary to carry out its duties.” Detainees are part of the process by which immigration authorities detain foreign criminals from the Marshal's Service and process them for deportation before immigration officers.
Ironically, before being dismantled by the Homeland Security Act, the Immigration and Naturalization Service (predecessor to ICE), like the Marshal's Office, was an agency of the Department of Justice. Cooperation between the Marshals Service and ICE and its predecessors has always been necessarily close: the number of aliens awaiting trial in Marshals Service custody and the number of foreigners in custody at the Federal Bureau of Prisons. The number of foreigners has been historically high. For example, at the end of the 2019 federal fiscal year, of the 63,725 persons in Marshal Service custody, 23,580 (37%) were known or suspected aliens
and ,According to the Bureau of Justice Statistics, in 2020, 40% of all criminals prosecuted in U.S. district courts were foreign nationals. Thirty-seven percent of all prisoners released from Federal Prison Service custody were foreign nationals. It is doubtful whether the BOP, which is affiliated with the Garland Department of Justice, will also soon adopt such a policy and release illegal immigrants who have served the federal government.
It is worth noting that in many cases ICE or DHS sister agencies (such as Customs and Border Protection) make criminal arrests of aliens detained by the Marshal Services. Consider how often Border Patrol agents arrest foreigners for criminal drug, gun, or contraband smuggling offenses at the southern border. Also, consider the consequences of allowing them to be released in the United States instead of turning them over to ICE for removal.
USMS officials informed ICE of the imminent release and argued that they did not, in fact, prevent immigration enforcement so that ICE agents could take custody if they so chose. is doing. This is a canard put out for public consumption, assuming that ICE's field office is co-located with the Marshall Service office and just minutes away to secure the right of protection. But it's far from the truth. Just as ICE agents are likely hours away from where they were released, Marshall Services rents space to hold prisoners from state, county and local prisons across the country, so this is especially true. is.
Garland Department of Justice's twisted rules Under no doubtAlejandro Mallorcaswith the knowledge and implied consent of Homeland Security Agency, e.g., when posting security deposits, aliens released from Marshal services are free to roam the streets of America
Article 2(3) of the Constitution requires the President to "take care that the law is faithfully enforced." This requirement applies not only to the president, but also to ministers. It's not hard to speculate that Attorney General Garland and Homeland Security Secretary Mayorcas are violating their constitutional obligations and needlessly endangering the American public.
Dan Cadman is a Fellow at the Center for Immigration Studies and in government he is a former INS/ICE officer with 30 years of experience.