INS: Just following 'standard procedure'
10/30/2002 12:00:00 AM - Michelle Malkin
Immigration and Naturalization Service officials told The
Washington Times this week that the fatally flawed release of illegal alien
sniper suspect Lee Malvo from federal custody in January 2002 "followed
For once, these INS bureaucrats are telling you the truth.
The INS -- along with the immigration court system, which is a
separate fiefdom administered by the Executive Office for Immigration Review
in Falls Church, Va. -- routinely ignores its laws, policies and front-line
employees' best judgment on detaining and deporting immigration outlaws.
-- In September, Maximiliano Silerio Esparza, an illegal alien
from El Salvador, was indicted on charges of brutally raping two nuns who
were praying on a walking path in Klamath Falls, Ore. -- and then strangling
one of them to death with her own rosary beads.
Esparza was detained twice earlier this year by the U.S. Border
Patrol, but was released both times. According to The Oregonian, Esparza was
let loose under INS's cost-saving catch-and-release policy. He previously
served time in jail in California, had been arrested later in Portland on
drug charges, and had an outstanding warrant for his arrest at the time of
the alleged rapes and murder.
Federal law mandates that immigration authorities detain
criminal aliens with extensive rap sheets such as Esparza's until their
deportation outside the U.S. But following INS "standard procedure," Esparza
was set free in violation of the law.
-- In March, a Los Angeles sheriff's deputy pulled over Armando
Garcia for a routine traffic stop in a San Gabriel Valley suburb. Garcia
walked toward the officer, pulled out a 9 mm semiautomatic pistol, and fired
at close range several times before fleeing. The deputy died of gunshot
wounds to the head. Garcia was an illegal alien from Mexico who had been
previously deported three times in 1992, 1994 and 2001 and convicted of two
felonies while in America. Garcia had an extensive criminal history, from
drug dealing and weapons violations to suspected murder.
Following "standard procedure," neither the INS nor the U.S.
Attorney's Office in Los Angeles took any measures to keep Garcia off the
streets and enforce a federal law requiring criminal prosecution for illegal
re-entry into the United States. Garcia remains a fugitive.
-- Edward Nathaniel Bell, a resident alien from Jamaica, shot
and killed Sergeant Ricky Timbrook in Winchester, Va., in October 1999. Two
years earlier, Bell was arrested and convicted for illegal possession of a
concealed and loaded handgun. The arresting officer was Sgt. Timbrook. After
the conviction, the INS started deportation proceedings, but Bell knew how
to play the game. He posted $3,500 bail, was released, and then won numerous
delays in his case. While free, Bell talked of shooting Timbrook and showed
off a gun, according to acquaintances who testified at Bell's capital murder
After being charged with Sgt. Timbrook's murder, Bell actually
had the gall to apply for American citizenship. Following "standard
procedure," his long-delayed final hearing in Immigration Court had been
scheduled just days after Timbrook's murder.
-- In August, Miguel Angel Heredia Juarez, an illegal alien from
Mexico, was convicted for viciously raping and beating a 19-year old North
Bend, Wash., woman. Juarez was on probation at the time, after serving time
in prison for threatening to kill someone. According to the Eastside
Journal, Juarez had been previously convicted of four other felonies,
including theft and assault, since illegally crossing the Mexican border
five years ago.
Criminal aliens are supposed to be taken immediately into INS
custody after serving their sentences, but as the Justice Department's
Inspector General reported earlier this month, the INS lets tens of
thousands of them run loose.
Following "standard procedure," INS's failure to track
foreign-born inmates led to the release of 35,318 criminal aliens into the
general population in 2000 -- roughly one-third of whom went on to commit
-- Nicolas Solorio Vasquez, an illegal alien from Mexico, gunned
down a Washington State police officer during a traffic stop in Pasco,
Wash., in October 1999. Prior to the shooting, Vasquez had been deported
three times by the INS. After each release, he re-entered the country
illegally and headed back up to the Pacific Northwest to commit more crimes.
On July 26, 1999, police booked Vasquez into a Franklin County jail for
unlawful delivery of cocaine and heroin. The INS should have taken Vasquez
into custody immediately upon his release, but failed to pick him up.
The officer's widow in the Vasquez case, Billie Saunders, is
doing what many more victims of lax immigration enforcement should do when
Washington won't step up to the plate: She is suing the INS in federal court
for failing to enforce the law.
INS lawyers argued in court hearings on the Vasquez case this
week that it is neither the government's responsibility nor duty to stop the
release of illegal aliens who go on to terrorize and kill American citizens.
You know: Standard procedure.