Could Secretaries of State Hillary Clinton and John Kerry have prevented the release of some 36,000 criminal immigrants last year?
The limited immigration group Center for Immigration Studies (CIS) say there is a good chance the answer is yes.
Monday, an internal Immigration and Customs Enforcement document obtained by CIS and viewed by Breitbart News revealed that the 36,007 criminal immigrants convicted of nearly 88,000 crimes were released while awaiting the outcome of deportation proceedings last year.
In explaining the releases, ICE pointed in part to court cases, specifically Zadvydas v. Davis, a 2001 Supreme Court case in which the court held the government could not indefinitely hold an immigrant if there is not a likelihood of removal in the “foreseeable future.” This may occur when a country refuses or unreasonably delays accepting people the United States is looking to deport.
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According to ICE, many of the releases — specifically 72 percent of criminal immigrants convicted of homicide — were mandatory, required by court decisions like Zadvydas.
A little-enforced statute (8 U.S.C. § 1253(d)) CIS highlights, however, requires the Secretary of State to instruct consular offices to stop issuing visas to countries that engage in such obstruction.