Letter to Jeh Johnson, Secretary of Homeland Security - Long-Term Detention
Letter
June 29, 2015
The Honorable Jeh Johnson
Secretary
Department of Homeland Security
3801 Nebraska Avenue, NW
Washington, D.C. 20528
Dear Secretary Johnson,
I am deeply troubled by your announcement on Wednesday that "long-term detention is an inefficient use of our resources and should be discontinued" in any case where "a family has established eligibility for asylum or other relief under our laws." I am further troubled by your statement that unlawful immigrant families will be released from detention based only on an early USCIS interview and the posting of "reasonable bond" instead of the conclusion of the full and fair judicial process that is the hallmark of our legal system.
Recently released statistics from the Department of Justice's Executive Office of Immigration Review show that in 2014, while nearly 42,000 immigrants filed petitions claiming persecution if returned to their home countries, only 9,000 claims were found sufficiently credible when assessed by immigration judges. To add to the concern, data shows that 847 Central American family units who were initially detained beginning in July of 2014 and who were later released from detention following their first court appearance failed to appear for further proceedings. The evidence clearly does not support your policy change.
When all of this is coupled with the implementation of the Administration's inaccurately named "priority enforcement program," --under which the Administration has stated it will not track down illegal aliens short of their committing a serious crime in the United States-- this new policy raises the concern that not only will many unlawful immigrant families will be prematurely released, but also that those who fail to appear for asylum proceedings will not be sought for detention or deportation. In fact, it appears that the immigration laws of the United States are being ignored by the Department of Homeland Security under the guise of a policy change. As such, I would like to know:
· What is the basis of your conclusion that detention is an inefficient use of our resources considering the low probability that a court will ultimately grant asylum and the high probability, based on evidence and precedence, that illegal alien family units will not appear for their hearings?
· What standards and methods does your agency intend to employ to avoid releasing immigrant families who make fraudulent or exaggerated claims of "credible or reasonable fear of persecution" in their home countries?
· How do you intend to ensure that the "reasonable and realistic bond" amount is high enough to ensure compliance considering the amount of money that many illegal immigrants are willing to pay to smugglers to help them illegally cross our border, and the lack of identifiable assets that many illegal immigrants have at the time of their detention?
· Taking the administration's Priority Enforcement Program into account, what does your agency intend to do when these immigrants fail to appear for their court proceedings?
I look forward to receiving answers to the questions above, as well as clarification about how these policies will preserve the strength and integrity of our immigration laws to the best benefit of the American people, by July 31, 2015. I appreciate your attention to this matter. Please do not hesitate contact my office should you have any questions.
Sincerely,
Doug Collins
Member of Congress
Ninth District of Georgia
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