7/14 7:27am update. Via the AP…”Adhahn, a legal permanent resident of the U.S., could not have been deported for the incest conviction because it was not an aggravated felony and it was his first offense, U.S. Immigration and Customs Enforcement spokeswoman Virginia Kice said Friday. But a 1992 conviction for intimidation with a dangerous weapon could have made him deportable, and Adhahn was being held this week on an immigration complaint. He also was charged with failing to register as a sex offender.”
Could have. Should have. Didn’t.
Section 1227(a)(2)(C) of Title 8 provides:
Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of Title 18) in violation of any law is deportable.
So much for the Office Detention and Removal’s goal (PDF):
The Detention and Deportation Program, now the Office of Detention and Removal (DRO), was established in a 1955 reorganization of the INS to carry out a mission first articulated in the Alien and Sedition Acts of 1798. The Alien and Sedition Acts included the earliest deportation legislation, which empowered the President to order the departure from the United States of all aliens deemed dangerous. Legislation since then has expanded the detention and removal operations and redefined the classes of aliens to be deported or excluded.
The basic mission, however, remains the same: Remove all removable aliens.
7/14 12:01am Eastern update: Murder suspect being investigated for other crimes in the Tacoma area
10:45pm Eastern update: More details about Adhan’s immigration and sex offeder status here–Man linked to Zina case: Sex offender who escaped deportation. He was another in a long, long line of deportable criminal aliens who just slipped off the feds’ radar screen. This is the bottom line:
Federal authorities had legal grounds to deport him 17 years ago, after his 1990 conviction for incest. They didn’t. “He escaped our attention,” said Lorie Dankers, spokeswoman for Immigration and Customs Enforcement in Seattle.
Update: Bad timing award goes to Democrat Washington state governor Christine Gregoire, who is leaving on a trip to lobby for open borders. How politically stupid and insensitive can you be?
Update: More details about Adhahn in the Seattle Times. He was a violent, angry alcoholic. “In 1975, his mother married an American who was serving in the Army’s Special Forces. The family moved first to the United States and then to a military base in Germany. After high school, Adhahn enlisted in the U.S. Army, serving seven years before the rape conviction led to a discharge. He married in 1986 and by 1990 he and his wife had one child. They filed for divorce in 1998, court records show. Adhahn was arrested Monday on an unrelated immigration matter, and was charged Monday with failing to register as a sex offender. Additional information on the immigration charge was not immediately available.”
Update: For crying out loud. SoundPolitics reports that the suspect in Zina’s kidnapping and murder being held on immigration charges is registered to vote in Pierce County, WA. (%**%&$^!!!!
I have been following the case of young Zina Linnik’s disappearance in Tacoma, Wash., over the past week, hoping she would be found alive. This is every parent’s worst nightmare–your child snatched by a stranger at your own residence. On July 5th, an Amber Alert was issued. She was last seen in the alley behind her family’s house on July 4th around 9:45 pm. A witness heard a girl scream, looked in the alley and saw an Asian male get into an older gray van in the alley and drive away:
Zina has blonde hair and is four feet ten inches tall. she was last seen wearing a pink t-shirt, pink/orange/yellow capri pants, and red flip-flop sandals. Her hair was in a ponytail. Authorities have only a partial plate number on the van, which includes the numbers 1677. Contact police if you have any information.
A person of interest was detained by local police a few days ago. He’s a 42-year-old sex offender who is being held for failing to register and for an immigration violation. It’s yet another example of the disgraceful, fatal negligence of the feds to track and deport illegal alien criminals–and deportable, convicted legal immigrants imprisoned for committing felonies, like Adhahn–after they serve their sentences:
The man, who is not being identified because he has not been arrested or charged in connection with the disappearance of Zina Linnik, is a Level 1 registered sex offender who was convicted of first-degree incest in Pierce County in 1990.
“We don’t have any other people of interest; we are still looking at all leads,” said police spokesman Mark Fulghum.
The Pierce County man, 42, was arrested Monday after Tacoma police identified him as someone who hadn’t been deported after being convicted of a felony, said Lorie Dankers, spokeswoman for Immigration and Customs Enforcement (ICE). Federal law mandates that all aliens convicted of felonies be deported to their home country.
Dankers couldn’t explain why the man hadn’t been deported after serving prison time. She said immigration officials learned about him from Tacoma police.
Today, the local papers report that Lina’s body has been found–after the alien in custody revealed her location:
“It is with great regret and sorrow that I am informing our community that we have located the body of Zina Linnik,” said Tacoma Police Chief Don Ramsdell, reading from a prepared statement tonight.
Ramsdell said information provided by the suspect led police and FBI investigators to the girl’s body. Court records name the man as 42-year-old Terapon Dang Adhahn, a convicted sex offender who has been in custody on an unrelated immigration matter since Monday. He had not been charged in Zina’s abduction or death as of Thursday night. Ramsdell would not say where the girl’s body was found, other than it was somewhere in Pierce County. “Crime scene investigators are currently processing the scene for evidence as the investigation continues,” he said.
Police outside the family’s home tonight said family members did not want to comment.
…In 1990, he was charged with violently raping a 16-year-old relative, according to court records. He pleaded guilty to a lesser charge of first-degree incest in exchange for completing 60 months of sexual-deviancy counseling. Adhahn was arrested Monday on an unrelated immigration matter, and was charged Monday with failing to register as a sex offender. In his Tacoma home, police found girls underwear and other items, which they said are being tested. He is currently being held at a local federal detention facility, Ramsdell said.
I have reported repeatedly on the government’s failure to track and deport illegal alien criminals and other alien criminals after they serve their prison/jail sentences. I testified about the problem before the Senate in 2004. I highlighted this gross negligence on The O’Reilly Factor here and here.
Still, nothing has been done.
Still, more innocent victims’ lives have been ruined or taken away.
This madness has to end. The open borders lobby has gotten away with denying the problem, hiding behind platitudes, and waging smear jobs instead of confronting the bloody consequences of its malign neglect. I will be asking for your help soon on a campaign to force this issue onto Washington’s radar screen. We need a tracking mechanism to ensure that every convicted criminal alien released from our prisons and jails is flagged and kicked out of the country, as required by existing federal law. We need stiff punishment for state and local jail authorities that fail to comply, and for federal ICE offices that fall down on their jobs.
We need to shut the illegal alien criminal revolving door.
If ever there were an immigration enforcement issue that transcended partisan lines, this is it.
Remember the case I noted here last week, about a suspected illegal alien in Tennessee who was caught, released, and reportedly went on to rape a 15-year-old girl? Well, the local sheriff who has been trying to locate the suspect has been sued by illegal aliens complaining that he “racially profiled” them. I kid you not. This is the insanity we are up against.
Part of the solution lies with strengthening and expanding the 287(g) program. Heritage recommends:
Section 287(g) of the INA allows the DHS and state and local governments to enter into assistance compacts. Both sides must agree on the scope and intent of the program before it is implemented, which gives states and local communities the flexibility to shape the programs to meet their needs. State and local law officers governed by a §287(g) agreement must receive adequate training and operate under the direction of federal authorities. In return, they receive full federal authority to enforce immigration law, thereby shifting liability to the federal government and providing the officers with additional immunity when enforcing federal laws.
A §287(g) pilot program with the State of Florida could serve as a national model. Florida specifically limits its officers’ civil immigration enforcement to situations in which they are part of a security or counterterrorism operation that is supervised by Immigration and Customs Enforcement (ICE) officers. The Florida program outlines the criteria for selecting the participating officers, including U.S. citizenship, three years of law enforcement experience, and at least an associate’s degree. Selected officers receive intensive training and must pass a final competency exam. The program also establishes ways for people to file grievances against the program and its officers. The Florida initiative demonstrates how to craft a program that meets federal as well as state and local needs.
Building a National Program. As part of a comprehensive border and immigration reform package, Congress should build on the §287(g) pilot program by requiring the DHS to:
Appoint a national spokesperson (a respected and prominent former state or local government or law enforcement official) to promote the program;
Draft a strategy for implementing §287(g) nationwide;
Create a national center for lessons learned and best practices; and
Report to Congress each year on the progress of the program.
Congress should also:
Allow states and cities to use homeland security grants to pay for their participation, including overtime costs for state and local law enforcement agents assisting in federal immigration enforcement investigations;
Provide ICE with sufficient funds to train and supervise up to 5,000 state and local law enforcement officers nationwide over the next two years; and
Require that any participating state or local government must have a stakeholder engagement plan that briefs local communities on the scope and intent of the program and solicits community engagement and involvement in community policing.
Conclusion. Section 287(g) provides protection to states and their law officers while requiring that well-trained officers conduct immigration investigations. It also allows states and local governments to tailor programs to meet their unique circumstances and requirements. Any comprehensive border and immigration security legislation should strengthen and expand programs authorized under §287(g).