Enough Is Enough: Eliminate Sentence Reductions for Criminal Reentrants

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Fox News reports that an illegal alien, who was previously deported, has been arrested in Utah for raping a seven-year-old girl “thousands of times.”  According to the St. George Daily Spectrum, Victor Francisco Michel-Lara had been previously arrested on unrelated criminal charges and deported to Mexico.  Concerned citizens may be asking, “Why does this keep happening and what is the solution?”

American citizens, lawful immigrants, and even other illegal aliens keep becoming victims of alien criminals because too many presidential administrations have refused to take immigration enforcement seriously. Our borders are not secured by a physical barrier. The federal government has tolerated dangerous state and local sanctuary policies for far too long.  And many our immigration laws reward immigration violators with conversion to lawful permanent residence in the United States. These are all problems that will take a while to solve.

But we’re ignoring an easy, short-term solution that would send a clear message to deported aliens not to re-enter the U.S. while simultaneously protecting Americans from criminal predation.  8 U.S.C. Section 1326 makes reentering the United States after deportation a federal crime. If an alien was deported for having been convicted of an aggravated felony, the sentence for reentry is imprisonment for a maximum of 20 years.

However, most criminal re-entrants are eligible for a sentencing reduction program referred to as “Fast Track.” Under this program deported aliens who plead guilty to criminal reentry within 30 days receive a significantly lighter sentence. The complexity of immigration laws, coupled with the time necessary to prepare reentry cases, and the relatively light sentences handed down often combine to discourage U.S. Attorneys from prosecuting all but the most egregious offenders. The net result is that 8 U.S.C. Section 1326 has been deprived of most of its deterrent effect.

Attorney General Jeff Sessions could reverse this disturbing situation with the stroke of a pen, by issuing a memo directing decline plea agreements in reentry cases and take them to trial. He could also instruct U.S. Attorneys to seek the maximum allowable sentence against reentrants. A realistic possibility of spending 20 years in a federal penitentiary might be just what is needed to dissuade deported criminals from attempting to reenter the U.S.

Regardless of what actions it takes to deal with the criminal reentrant problem, the U.S. government should put the interests of the American public first. How many seven-year-olds have to suffer at the hands of foreign sexual predators before we say enough is enough?

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Matthew J. O’Brien joined the Federation for American Immigration Reform (FAIR) in 2016. Matt is responsible for managing FAIR’s research activities. He also writes content for FAIR’s website and publications. Over the past twenty years he has held a wide variety of positions focusing on immigration issues, both in government and in the private sector. Immediately prior to joining FAIR Matt served as the Chief of the National Security Division (NSD) within the Fraud Detection and National Security Directorate (FDNS) at U.S. Citizenship and Immigration Services (USCIS), where he was responsible for formulating and implementing procedures to protect the legal immigration system from terrorists, foreign intelligence operatives, and other national security threats.He has also held positions as the Chief of the FDNS Policy and Program Development Unit, as the Chief of the FDNS EB-5 Division, as Assistant Chief Counsel with U.S. Immigration & Customs Enforcement, as a Senior Advisor to the Citizenship and Immigration Services Ombudsman, and as a District Adjudications Officer with the legacy Immigration & Naturalization Service. In addition, Matt has extensive experience as a private bar attorney. He holds a Bachelor of Arts in French from the Johns Hopkins University and a Juris Doctor from the University of Maine School of Law.

12 Comments

  1. Pingback: Schooling the ACLU on Immigration Enforcement | ImmigrationReform.com

  2. avatar
    Not Politically Correct on

    I wish FAIR would ban Peter the stupid troll that takes up space with his long winded gobbly-gook posts.

    • avatar

      Well if you had some brains instead of a rear bumper in between your shoulders. You would use your brains for the 1st time in your life (do u have a life? ) N realize I never did that before n it was accidental n only the last oart avatar was intended. .you half wit!!!

  3. avatar

    Hillary said that she would only deport those convicted of a major violent felony. That leaves a lot out. Apparently liberals were born yesterday. Unlike the rest of us who figured out early that tolerating bad behavior only encourages even more, liberals think one more break for criminals is going to change them. People say what has Trump accomplished. Plenty. He immediately killed the Trans Pacific Partnership, the biggest and baddest of all the bad trade deals, which would have shipped more jobs overseas and allowed companies to bring in foreign workers at will.

    Whenever the media, including many on Fox, need the “Republican opposition”, they go to McCain, Jeff Flake, and Lindsey Graham, members of the “gang of eight” amnesty leaders. In fact, if anyone can figure out how their immigration views differ one iota from Chuck Schumer we need to hear it. Wonder if the media will blame Trump for Barcelona? You know, sensitive lads driven to distraction by Islamophobia.

    • avatar

      There is a rally this weekend in Boston of neo-Nazis and the mayor said that they were consulting with the Southern Poverty Law Center on how to handle the group. That’s fine with that group, they’re Nazis, but the problem is that the media, CNN in particular just did this, runs to the SPLC every time they want to label other organizations as “hate” groups, including FAIR. But who appointed SPLC as the final arbitrator on which groups are and are not racist.

      The fact is that they are a left wing group that raises huge amounts of money by labeling groups advocating lower immigration as bigots and racists. Apparently no one told the federal government though. FAIR is one of the groups that federal employees have been able for many years to contribute to, directly from their paychecks, under the Combined Federal Campaign. Typical left tactic. Label someone and that’s the end of the discussion. As far as Bannon, a lot of good ideas, but you can’t have someone giving unauthorized interviews undercutting the president’s foreign policy.

      • avatar

        For you to learn

        READ ARTICLE
        5.4k
        ‘Free speech rally’ cut short after massive counterprotest
        Associated Press • STEVE LeBLANC • 1 hour 43 minutes ago
        BOSTON (AP) — Thousands of demonstrators chanting anti-Nazi slogans converged Saturday on downtown Boston in a boisterous repudiation of white nationalism, dwarfing a small group of conservatives who cut short their planned “free speech rally” a week after a gathering of hate groups led to bloodshed in Virginia.

        An estimated 15,000 counterprotesters marched through the city to historic Boston Common, where many gathered near a bandstand abandoned early by conservatives who had planned to deliver a series of speeches. Police vans later escorted the conservatives out of the area, and angry counterprotesters scuffled with armed officers trying to maintain order.

        Organizers of the midday event, billed as a “Free Speech Rally,” have publicly distanced themselves from the neo-Nazis, white supremacists and others who fomented violence in Charlottesville on Aug. 12. A woman was killed at that Unite the Right rally, and scores of others were injured, when a car plowed into counterdemonstrators.

        Opponents feared that white nationalists might show up in Boston anyway, raising the specter of ugly confrontations in the first potentially large and racially charged gathering in a major U.S. city since Charlottesville. But only a few dozen conservatives turned out for the rally on historic Boston Common — in stark contrast to the estimated 15,000 counterprotesters — and the conservatives abruptly left early.

        One of the planned speakers of the conservative activist rally said the event “fell apart.”

        Congressional candidate Samson Racioppi, who was among several slated to speak, told WCVB-TV that he didn’t realize “how unplanned of an event it was going to be.”

        Some counterprotesters dressed entirely in black and wore bandannas over their faces. They chanted anti-Nazi and anti-fascism slogans, and waved signs that said: “Make Nazis Afraid Again,” ”Love your neighbor,” ”Resist fascism” and “Hate never made U.S. great.” Others carried a large banner that read: “SMASH WHITE SUPREMACY.”

        “I came out today to show support for the black community and for all minority communities,” said Rockeem Robinson, 21, a youth counselor from Cambridge.

        He said he wasn’t concerned about his personal safety because he felt more support on his side.

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        Dodgers keep adding on with trade for Curtis Granderson
        Big League Stew • Mark Townsend • 2 hours 44 minutes ago
        Curtis Granderson is the latest acquisition of the Dodgers. (AP)
        Curtis Granderson is the latest acquisition of the Dodgers. (AP)
        The rich got richer Friday night when the Los Angeles Dodgers acquired veteran outfielder Curtis Granderson from the New York Mets.

        The Dodgers made the deal official hours after defeating the Detroit Tigers for their league-leading 86th victory. The Mets included cash considerations in the deal and will receive a player to be named later or cash considerations to complete it.

        [Now’s the time to sign up for Fantasy Football! Join for free]
        The Dodgers already deep roster got a pretty strong boost in the span of a few hours. Friday’s game marked the return of Adrian Gonzalez, who missed over two months with a back injury. Gonzalez started at first base and contributed a double in his return, but probably won’t have a full-time role down the stretch with Cody Bellinger playing out of his mind in his rookie season. Bellinger has spent the last two months manning first base in Gonzalez’s absence but can play the outfield as well.

        The addition of Granderson adds to the logjam in the outfield, but his path to playing time seems more clear with Joc Pederson getting demoted to Triple A before Saturday’s game. Pederson is hitting just .214 with 11 homers after mashing 51 total homers over the last two seasons.

        Though hitting only .228 himself — and just .207 since July 1 — Granderson will definitely bring experience and should bring a more composed approach at the plate. Also appealing are his skills as a two-way player capable of hitting the long ball and manning all three outfield positions.

        Granderson joins Yu Darvish, Tony Watson, and Tony Cingrani as the Dodgers big trade additions. Darvish is the big name, but Granderson could easily prove to be the most important acquisition if he’s a stabilizing force in the outfield and provides the production manager Dave Roberts is looking for.

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        Avatar Robert 4 hours ago
        Perhaps the sadest part of all of this is that, 152 years after Appomattox, America has finally forgotten what the survivors of the Civil War learned at a ghastly price. When Lee surrendered, General US Grant gave his men 25,000 rations, because they were starving. Lee and his men were permitted to keep their arms and horses and allowed to go home. Union soldiers wept, and shouted hurrahs. The healing of America began that day. Lee’s men were honored with respect, and dignity. Why? Why, after the bloodiest, most destructive conflict in the Western Hemisphere did the victors choose not to exact a horrible retribution upon secessionist traitors and slavers? And what gives us the wisdom, in this day, to say we have more justification to do so than the victors themselves? They knew something that, unfortunately, we have forgotten. Their messages to us, their children, have been lost. May God spare us from having to re-learn that lesson at similar cost. In 1863, had our foreign enemies decided to take the opportunity to conquer the entire country, they would not have been able to do so, because the American armies were already the largest and most powerful on Earth. But today, Civil War II would be an invitation for all our enemies abroad to act in concert to destroy us. That is precisely what is happening. After Americans are at each other’s throats and our cities are in flames, the foreign entities that instigated it and financed it will take the opportunity to destroy us all.
        Show replies (535) Reply 2751 169

    • avatar

      So you r a Nazi simpathizer, what the white sumpremacist leader told the black Latin reporter not only is racist but hatred……you are in the wrong country n time pal…..

      Freedom of speech should be exercised but not at the expense of hatred n killing our own….that is what you stand for …..

      I am surprised at this new side of yours……

    • avatar

      There have been no accomplishments of any kind so far…stop the fake news…..the transatlantic deal is not over yet it takes years by the time the next administration…it will be ok again……you are either brainwashed nir not well informed

    • avatar

      By now We know Hillary would have had a. better presidency. Read this from Yahoo n not far but the truth

      Mike Pence Compares Donald Trump To Teddy Roosevelt, Who Said White People Were The ‘Forward Race’
      Newsweek • Harriet Sinclair • Thu, Aug 17 9:34 PM PDT
      Vice President Mike Pence compared President Donald Trump to former President Teddy Roosevelt, who believed white people were “the forward race.” Speaking on Tuesday, just days after violence at a white supremacist rally left one person dead, Pence made the unfortunate comparison between the U.S.’ 26th president and Trump.

      “In President Donald Trump, the United States once again has a president whose vision, energy and can-do spirit is reminiscent of President Teddy Roosevelt,” Pence said in comments reported by Guardian correspondent Ben Jacobs.

      “Then, as now, we have a builder of boundless optimism, who seeks to usher in a new era of shared possibility,” Pence said, “Then, as now, we have a leader who sees things not just for what they are but for what they could be.”

      The vice president’s decision to compare the president to Roosevelt, whose views on Native American and African people are well documented, comes at a time when Trump himself is facing criticism over his failure to denounce white supremacists and neo-Nazis.

      Roosevelt was known for calling white Americans “the forward race,” and minorities “the backward race.” He said of Native Americans, “I don’t go so far as to think that the only good Indians are dead Indians, but I believe nine out of ten are, and I shouldn’t like to inquire too closely into the case of the tenth.”

      Don’t miss: Manchester United: How Jose Mourinho Found Paul Pogba a Perfect Midfield Partner

      Trump faced a backlash after he gave a press conference about the violence in Charlottesville in which he claimed not all people marching in the white supremacist rally were white supremacists, in comments that prompted criticism from Democrats and Republicans alike.

      “I think there is blame on both sides,” Trump told reporters. “You had a group on one side that was bad. You had a group on the other side that was also very violent. Nobody wants to say that. I’ll say it right now.”

      “I’ve condemned neo-Nazis. I’ve condemned many different groups. Not all of those people were neo-Nazis, believe me. Not all of those people were white supremacists by any stretch,” he added.

      More from Newsweek

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      Anthony Scaramucci Thinks Mike Pence Will Succeed Donald Trump as President
      Most Republicans Approve of Trump’s Charlottesville Responses, New Poll Shows

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      Avatar Michael 1 day ago
      Who could have guessed that a reality tv star with no government experience, 6 bankruptcies, 5 kids from 3 different marriages, 11 charges of sexual assault, and 4000 plus lawsuits, could be so bad at being president? Trump is one who is against lots of things but doesn’t seem to be for anything, offers bombastic and contradictory promises, is a terrifying Orwellian statesman, insults veterans, threatens a free press, mocks the handicapped, denigrates women, immigrants and Muslims. Trump avoided several chances to disavow David Duke, an advocate for white supremacy and former klan leader. Trump is a person who easily lies, who creates an environment where the truth doesn’t seem to matter, who has never demonstrated any interest in anyone or anything but himself and his own enrichment. He is an infantile, bullying man, who depending on his mood is willing to discard old and established alliances, treaties and long-standing relationships, Trump’s candidacy is a political Ponzi scheme. Asking this man to assume the highest office in the land would be like asking a newly minted car driver to fly a 747.
      Hide replies Reply 619 165

      • avatar

        Trump has been a great president so far, and as long as we have idiots like you bashing on our president for every little miscue, we will keep on listening to your trash and it all proves to be ******** on the lefts part. You sir are a liar like the rest of the brainwashed media monkeys.