Posted by
sgtmajorbrad on Tuesday, February 13, 2007 1:28:55 PM
For those that think that deportation is some kind of deterrent
needs to consider this in the eyes of the illegal immigrant. With the way we
are enforcing security along our borders this is but a minor inconvenience
banking on the inefficiency and stupidity of the Border Patrol Bureaucracy. A
recent news bite condemning the 3 year sentence by a California
judge, where else, to an illegal alien being justified by the guise of reducing
the long term costs of his incarceration to the state. It was stated that this
sentence would expedite his deportation. One problem judge…he don’t care bout no stinkin border!!!
One might think having your tab bended in our judicial
system would cause a person such as this to receive greater scrutiny. I’d like
to share the case of a Victor Manual Batres. Back in January of 2002 he was
apprehended twice within 2 days of attempting to illegally cross the border. It
was only during the second attempt that it was discovered the state of Oregon
had a warrant issued for his arrest. When Oregon
officials were contacted about the apprehension they declined the opportunity
to extradite Batres back to Oregon.
With that revelation the Border Patrol release Batres back to Mexico.
As Paul Harvey might say there is more to this story…
Back in 2002 the Border Patrol had access to 2 databases
called IDENT and IAFIS. IDENT was authorized to be developed back in 1989 for
INS to prevent recidivism in persons illegally crossing our borders. 1994 roll
around and INS complains that IAFIS prototype is too slow for their needs to
research fingerprints. They need results within 2 minutes where the FBI responds
they haven’t the storage and the computing power to satisfy that need. Congress’s
solution is to appropriate funds for IDENT and INS goes on their merry way
developing their own system.
In 1994 it was put into operation. IAFIS, the FBI’s criminal
fingerprint database with more extensive record capabilities, was put into
operation in 1999.
Back in March 1998 IDENT the Office of Inspector General
issued a report evaluating the INS's implementation of IDENT. The OIG found
that the INS was enrolling less than two-thirds of the aliens apprehended along
the U.S.-Mexico border into the IDENT system. In addition, the INS was entering
into the IDENT lookout database the fingerprints of only 41 percent of the
aliens deported and excluded in Fiscal Year (FY) 1996. Of these aliens, only 24
percent had accompanying photographs entered into IDENT, even though the INS
relied on photographs as an important method of confirming identification. The
OIG found virtually no controls in place to ensure the quality of data entered
into the IDENT lookout database, which resulted in duplicate records and
invalid data. The OIG report also raised concerns that the INS had not provided
sufficient training to its employees on the use of IDENT, and that these
failures hampered the INS's ability to make consistent and effective use of
IDENT.
2 Month later Alan Mollohan, a congressman, recommended the integration
of the 2 databases where INS could have access to the FBIs records as well as
the INS information.
Fast forward to October of 2001 and Congress enacted the USA
PATRIOT Act of 2001, Public Law 107-56 (the Patriot Act). The Patriot Act
directed the expedited implementation of an integrated exit and entry data
system, including the use of biometric technology. The Patriot Act also
required that the FBI share with the INS wanted-persons information in IAFIS to
determine whether an applicant for admission at a port of entry has a criminal
record. Finally, the Patriot Act required that the Department report to
Congress on enhancing IAFIS and other identification systems to better identify
aliens who may be wanted before their entry to or exit from the United
States. Subsequent DOJ responses to Congress
regarding the Patriot Act indicated that an integrated IDENT/IAFIS was an integral
tool to identify terrorist or criminal aliens attempting to enter the United
States.
Now you might ask what does all of this information mean to
me? The Agents that arrested Batres were encumbered with a plethora of
procedures to perform if they encountered a “hit” in IDENT. This was superseded
by a memo placed on the muster board where a manager would escalate procedures
involving a hit in IDENT to the concerned parties. Having the first agent
untrained in the policy and procedures he took it upon himself to interpret the
available fingerprints minus any photographs to determine if Batres was the
suspected individual. Later he referred his concerns to a manager that did not
question his conclusion. The sad part is persons monitoring the system
confirmed that this was a person that was the suspect in question and tried to
contact the local station to advise the agent to hold the suspect but because
they didn’t have an updated phone list this contact wasn’t made.
Having escalated this lack of contact with the field office
a supervisor was paged and he initiated contact with the local office to
prevent the return of Batres to Mexico
but he was too late. The next day a finger pointing session concluded that the
apprehending agent was at fault and should be disciplined…this sounds familiar
like Ramos and Compean. The concern was to vilify the offending agent and the
information that was received about Batres’s criminal record to prevent another
occurrence such as this wasn’t entered into the IDENT database record. The next
night Batres was arrested again and this time detained on the warrant from Oregon
but when Oregon declined
extradition he was again released. In this release there was one last place
this might have been prevented by the person filling out the form where there
was a certification to check for criminal history. The person failed to populate
this section and it defaulted to the, “none known,” automatically inserted
phrase when no input was detected. Had they checked his criminal history they
would have found:
· September 1987 in Wenatchee,
Washington for theft;
· November 1987 in California
for selling marijuana and/or hashish (an aggravated felony under 8 USC §
1101(a)(43)(B));
· June 1988 in California
for sale of controlled substances (an aggravated felony under 8 USC §
1101(a)(43)(B));
· December 1988 in California
for kidnapping and Second Degree robbery (for which he served 4 years'
imprisonment and was deported) (an aggravated felony under 8 USC § 1101(a)(43)(F)).
Addition documented arrests were:
· May 1987 for unauthorized use of a motor
vehicle;
· February 1988 for purchasing cocaine;
· March 1988 for robbery and possession of
narcotics;
· April 1988 for possession of controlled
substances;
· August 1988 for grand theft from a person;
· August 1988 for robbery.
No bad deed goes unrewarded so Batres illegally reentered
the United States
and traveled to Oregon September
2002 where he brutally raped two Catholic nuns, resulting in the death of one
of the nuns. Batres was arrested, pled guilty to murder and rape, and was
sentenced to life in prison without the possibility of parole.
Remember Alan Mollohan stating IDENT and IAFIS need to be
integrated to work with each other back in 1998 and the patriot act mandating
this in 2001. DHS 2008 FY budget was increased over and above current
allocations for another 146.2 million to integrate IDENT and IAFIS. I wonder
where all of the other money allocated for the integration has gone the past 9
years?
Below are 2 links from which I wrote this story. Please
check them out and then write congress asking what is the status of the IDENT/IAFIS
integration.
http://www.usdoj.gov/oig/special/0403/final.pdf
http://www.dhs.gov/xlibrary/assets/foia/US-VISIT_IDENT-IAFISReport.pdf