U.S. to end "catch and release" at Mexican border

Reuters ^ | Nov 23, 2005 | Bernd Debusmann

[Ooh-Ah]

LAREDO, Texas (Reuters) - The United States is closing a legal loophole which has allowed tens of thousands of illegal immigrants to slip into the country and join the estimated 11 million undocumented foreigners already here.

Under long-standing procedure along the U.S. border with Mexico, illegal crossers of nationalities other than Mexican -- dubbed OTMs by the Border Patrol -- have been entitled to a hearing before an immigration judge before they could be deported.

Because of a severe shortage of space to hold them until the hearing, they were released after being fingerprinted and given a "notice to appear," a document stating they had agreed to show up at court at a certain date.

The notice serves as a travel document allowing its holder past Border Patrol checkpoints on the roads leading from the border to the interior. Most OTMs do not show up for their hearing and meld into the population.

Known as "catch and release", the practice has become part of an increasingly acrimonious debate over immigration policy and border security, an issue likely to loom large in Congress, next year's mid-term elections and the 2008 presidential poll.

Homeland Security Secretary Michael Chertoff said last month his department's aim was to "return every single entrant -- no exceptions" but gave no deadline. Mexicans are usually returned immediately -- and most of them try again, some within hours.

Along the border, agents say ending the practice will take time and depends on how quickly the government can build additional detention space told hold OTMs before they are sent to their home countries.

OTMs were a relatively minor problem until 2003, when word of the loophole spread and triggered a growing flood -- including thousands of Brazilians inspired by a popular soap opera, "America," whose sultry star plays an illegal immigrant who swam the Rio Grande and made good in the United States.

APPREHENSIONS SET RECORD IN 2005

According to Border Patrol statistics, apprehensions of OTMs tripled from fiscal 2003 to fiscal 2005, which ended in October, from 49,545 to 165,175. Brazilians made up the second-biggest group this year, after Hondurans and before people from El Salvador, Guatemala and Nicaragua.

The Brazilian rush northwards highlighted the complex nature of international migration patterns. Apart from the lure of emulating soap opera stars, Brazilians were taking advantage of easy travel from Brazil to Mexico, which abolished visas for Brazilians in 2000 to promote tourism and business.

After flying into Mexican airports, the Brazilians would head north to cross over the river or the deserts further west.

Mexico re-introduced visas last month.

"Catch and release" is gradually being replaced by "Expedited Removal," a process which cuts out the hearing before an immigration judge and allows border patrol agents to decide whether an illegal crosser should be deported.

In one of the many quirks of the complicated U.S. immigration rules, someone who crosses illegally, manages to get 100 miles beyond the border and stay undetected for more than 14 days cannot be subjected to Expedited Removal and is entitled to make a case for staying on to a judge.

(In another immigration law oddity, Cubans who sail across the Straits of Florida and make it to land are entitled to stay while those caught at sea can be returned.)

First introduced in the Laredo sector of the southwestern border, Expedited Removal is now being expanded to the entire 1,951-mile international line.

Administration officials stress that faster deportations and tighter border controls alone are no solution to illegal immigration. "We are going to need more than just brute enforcement," Chertoff told the Senate Judiciary Committee recently.

President George W. Bush has been pushing a guest worker plan that would allow foreigners working in the U.S. illegally to get three-year visas, renewable once. After that, they would have to return to their home countries and apply for a new permit.

The Bush plan appeals to part of the president's support base -- employers who want cheap labor -- but falls short of the demands of conservatives who say that even with the additional measures now being implemented, border security is not nearly tight enough.

(BC-USA-BORDER-LOOPHOLE, editing by Cynthia Osterman; email:bernd.debusmann@reuters.com)

[boomop1]

Maybe they ought to tag them.

[clee1]

Works for me. Maybe brand "illegal" on their forehead?

[BigFinn]

I think the US govt. should charge the Mex govt. $10 per person that they catch coming over the border.

[GarySpFc]

So, only the OTM are sent back, whereas Mexicans are excorted to the bus stop for points north. Somehow GWB doesn't get it.

[Mr. Keys]

I'll believe it when I see it. IMO they just won't bother with the catching part.

[ARealMothersSonForever]

Maybe they ought to tag them.

Texas Parks and Wildlife ought to put a "slot" on OTM's. Just like largemouth bass and stripers. If you have an illegal one in your possession, they take your truck, boat, business, and house.

[oolatec]

So are we going to stop catching them now?

[skiziks64]

how about 20 barrels of oil a day for every illegal. works for me

[reagan_fanatic]

I think the US govt. should charge the Mex govt. $10 per person that they catch coming over the border.

Good idea. Bill the bastards in the Mexican government for the expenses we incur rounding up their illegals. Of course we won't see a penny, but the point will have been made.

[DTogo]

The Bush plan appeals to part of the president's support base -- employers who want cheap labor -- but falls short of the demands of conservatives who say that even with the additional measures now being implemented, border security is not nearly tight enough.

Employers who want cheap labor = employers looking to avoid paying market-based wages to Americans.

[truemiester]

We start a new soap opera in Brazil and Mexico - Working like a slave and sleeping 30 to a single room while paying "taxes" to thugs who prey upon you until you get killed or flee for the safety of home!

I say we dont reward people for being devious. If they are 100 miles from the border and ahve been in the country for over 14 days they ride in the front of the bus back home!

[gubamyster]

ping

[Phantom Lord]

U.S. to end "catch and release" at Mexican border. Will no longer catch.

[DTogo]

* el pingo, you Gringo *

[dagnabbit]

President George W. Bush has been pushing a guest worker plan that would allow foreigners working in the U.S. illegally to get three-year visas, renewable once. After that, they would have to return to their home countries and apply for a new permit.

LOL ! And if they don't leave...Bush's successor will issue an even bigger amnesty!

At best this is the largest ever amnesty issued in 3-year pieces. More likely, there is zero plan to ever enforce any portion of this, and it is a way to legalize everyone and kick the can down the road to the next administration.

Why not a 2-year period? Why not enforce this during your own watch President Bush?

[uscit]

What we need is another LA-riots or Paris-is-burning event, or maybe another major terrorist attack in order to get real action. The slow burn of ethnic gang warfare on our citizens, to say nothing of the decomposition of the United States as a coherent nation, isn't getting the attention of the media and political elites (seemingly) safe in their gated communities.

[KarlInOhio]

From the article:

Mexicans are usually returned immediately -- and most of them try again, some within hours.

[primeval patriot]

Administration officials stress that faster deportations and tighter border controls alone are no solution to illegal immigration.

More pants down around the ankles B.S.

"We are going to need more than just brute enforcement," Chertoff told the Senate Judiciary Committee recently.

As opposed to our current policy of admitting the entire southern hemisphere into the continental United States?

[sr4402]

Yes, I know how to catch Illegal votes. I learned it from Al Gore and tried it in Ohio. The trick is not to release them once you are done with them.

/sarcasm off

[Vaquero]

gather them by their national origin and fly them to their country of origin to airports as far from the US as is feasable.....

[mrmargaritaville]

When I see this all I can think is that they are going to end the "catch" part. Why bother trying to catch them-there are absolutley no consequences when an illegal is caught.

[GarySpFc]

I like how they try to give the impression they care cracking down on all illegals. I suspect some of the business are advertising in the Mexcian newspapers help wanted in Gringo land section.

[Paine in the Neck]

"Maybe they ought to tag them."

Nah, just send them back. Here's how to get them back across the border to their side...

[Shqipo]

We should subtract all processing and transportation costs for each illegal from the foreign aid we give to Mexico.

[primeval patriot]

What we need is another LA-riots or Paris-is-burning event, or maybe another major terrorist attack in order to get real action.

If I'm not mistaken, 9-11 was the greatest loss of life on American soil since the Civil War.

If that wasn't enough to "get real action" then anything goes.

The administration is derelict in it's duties.

[the gillman@blacklagoon.com]

...Homeland Security Secretary Michael Chertoff said last month his department's aim was to "return every single entrant -- no exceptions"...

Nobody believes you. Or your boss.

[rfreedom4u]

Michael Savage says we should charge them one barrel of oil for each illegal. That could send the price of gas and fuel oil down.

[layman]

someone who crosses illegally, manages to get 100 miles beyond the border and stay undetected for more than 14 days cannot be subjected to Expedited Removal

What possible sense does this convoluted rule make? This is the kind of bureaucratic nonsense that ruins my whole day and makes me feel like I want to puke.

[fisherman90814]

GW won't pull his head out of his a** until a nuke goes off in Washington DC. I am so sick of the RINO pubies in congress, the WH, and the senate. Unfortunately that is what is will take............a dirty bomb or a nuke, or a high level assassination until action is taken. No sympathy from me either............they will reap what they sew. At this point I am tired of complaining and pointing out the obvious about the border. Unfortunately politicians on both side don't give a s**t about common sense, so when the chickens come home to roost I'm going to say TS..........we told your so, and you got what you deserved for stupidity.

[dagnabbit]

Nobody believes you. Or your boss.

Bingo. This administration has zero credibility left on this issue.

Yet they still keep trying to peddle their "amnesty now, enforcement later" snake oil.

[DustyMoment]

Someone needs to tell the ICE and Border Patrol that they aren't fish - they are CRIMINALS!!!! Would they do the same with murderers??

This is totally absurd - but it IS part of the wonders of GOVERNMENT!!

[DustyMoment]

The Bush plan appeals to part of the president's support base

Actually, the Bush plan appeals to fellow Bush travelers like Martin and Fox who are pushing for the FTAA and Trans-Texas Corridor. The FTAA is just another EU-type organization in the western hemisphere.

[free_at_jsl.com]

What I don't understand is how an illegal immigrant is supposed to be able to prove that he's been here "undetected" for over 14 days. Think about this for a minute; they sneaked in so there's no record of entry.

[ZULU]

"Catch and release" is gradually being replaced by "Expedited Removal,"

Large catapults???

[Travis McGee]

---

U.S. Constitution Article 4 Section 4:

"The United States shall guarantee to every State in this Union a Republican Form of Government,

and shall protect each of them against Invasion;"

---

Invasion: \In*va"sion\, n. [L. invasio: cf. F. invasion. See Invade.] [1913 Webster]

1. The act of invading; the act of encroaching upon the rights or possessions of another; encroachment; trespass.

[MileHi]

I think the US govt. should charge the Mex govt. $10 per person that they catch coming over the border.

Good idea. Bill the bastards in the Mexican government for the expenses we incur rounding up their illegals. Of course we won't see a penny, but the point will have been made.

Deduct it from the "foreign aid".

[Sam Gamgee]

It's a start.

My wife knows an American who lived in Mexico city and of course married a Mexican. She is now back living in Florida. Her husband speaks 4 languages, works in the medical field and has applied to join his wife in Florida. He will be joining her, but is not allowed in until July.

What I think irritates many is that those who decide to take the legal route into America are in effect penalized for doing so. Those who choose the wetback option are rewarded for criminal behavior.

How about a system that expedites those that follow the rules and severely punishes those who don't. I guess that's just a dream?

[rolling_stone]

She should have gotten him a fiance visa and married him in the USA not in Mexico if they planned on living in the USA...its much easier that way

http://uscis.gov/graphics/howdoi/fiance.htm

[wyattearp]

Along the border, agents say ending the practice will take time and depends on how quickly the government can build additional detention space told hold OTMs before they are sent to their home countries.

Why are we even bothering to send them back to their home countries? If they crossed into the US via the Mexican border, then send them back to Mexico. QED.

[A CA Guy]

Why not bill Mexico the $15,000 a year it costs for each of their kid's education? We could use the many billions back a year IMO.

[TLI]

Bill the bastards in the Mexican government for the expenses we incur rounding up their illegals. Of course we won't see a penny, but the point will have been made.

Take it out of their foreign aid?

[blackie]

Protect our borders and coastlines from all foreign invaders!

Support our Minutemen Patriots!

Be Ever Vigilant ~ Bump!

[B4Ranch]

"no exceptions" but gave no deadline."

When the GOP no longer has the White House there might be a chance of starting this Program. Maybe!

[Sam Gamgee]

This is of course a third hand story from my wife about a friend of hers, so I don't know all the details. But just in case I will ask my wife the details. I believe the American married the Mexican a few years ago and she lived in Mexico City for some time.

[Dan Evans]

Maybe they ought to tag them.

There you go! With RFID tags. Or radio collars.

[moehoward]

And just how is one to confirm another is OTM? Mexican docs will be forged and distributed to ALL that cross.

"Somehow GWB doesn't get it."

You can say that again.

[GarySpFc]

What I think irritates many is that those who decide to take the legal route into America are in effect penalized for doing so. Those who choose the wetback option are rewarded for criminal behavior.
How about a system that expedites those that follow the rules and severely punishes those who don't. I guess that's just a dream?

Why do you think I am upset. My wife is a Patrick Henry American. I say that because for several months prior to her naturalization ceremony she went around telling everyone, "Just give me liberty or give me death." That said, in August 2002 we applied to bring her 22 year old daughter to live with us. However, even though she is in the First Family Priority, adult daughter of a citizen, it still will take approximately 9 years for her to immigrate here. It's even more obscene she is not even allowed to visit her mother in this country, because she is considered an "intended immigrant." That is America, not Russia which has this rule. Some adult sons and daughters of citizens take 25 years to get here. In the interim GWB is promoting illegal aliens as the answer to all problems. Somewhere along the line he forgot his pledge on the Bible to uphold our laws. Oh well, I guess it really doesn't matter.

[Sam Gamgee]

I would be seething if I were you. I live in Canada and the same crap happens here. My wife immigrated here from the US. The bureaucratic hurdles are insane and we essentially had to lie at one point. To avoid having my wife be stuck out of Canada we lied and said she was coming for a visit. It isn't right to lie, I know, but we didn't want to be separated. We then applied for her immigration as a "spouse residing in Canada". Yet the Millennial bomber, who committed acts of burglary was never deported. CSIS hands were tied by the government so they lost track of him, and the next time he showed up was in Port Angeles with bomb making materials. We know of a Mexican couple here, who stupidly applied for an extension, who are getting deported. They would have been better off just keeping quiet and disappearing. Then come the Vietnamese boat people. Members of the oriental community are livid because they have family members in China who cannot get entry into Canada, yet, if they stowed away in a shipping container, if they survived the trip, they are landed.

I also heard in order to talk to immigration agents one has to dial up a 1-900 number in the US. What a scam!

The immigration policy in both our countries is failing those who are "good" immigrants and rewarding the chaff.

I really don't know what strategy is involved that is ignoring the border problem. 6 million illegal Mexicans is insane.

[GarySpFc]

The estimated number of illegal aliens in the country is between 20 and 20 million. That said, I believe the real number is closer to 20 million.