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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Wednesday, January 11, 2012

House Panel to Share Results of Arrested Immigrants Review

CQ reported that: The House Judiciary Committee plans to publicly share any statistical conclusions reached after reviewing information on illegal immigrants who were not taken into custody or deported after being brought to the attention of Immigration and Customs Enforcement.

For five months, panel Chairman Lamar Smith, R-Texas, has been putting pressure on the Department of Homeland Security (DHS) to turn over a list of individuals identified through the administration’s program for pinpointing illegal immigrants who have been arrested, so the panel can determine if those who have been released have since been charged with further offenses. It has been clear from the get-go that the information would not be permitted for public release, but a committee aide said Monday that any statistical findings derived from the lists will be made available.

“As part of our oversight responsibility,” Smith stated in a December news release, “this data will be used to inform Congress on the problem of criminal immigrants and their effect on public safety.”

DHS officials have said the process of compiling the names, registration numbers and fingerprint identification numbers for immigrants taken into custody or processed for removal was a laborious task that took 120 hours and detracted from other ICE responsibilities. Smith complained that initial lists did not have sufficient identifiers to check the information with criminal records. But after a November subpoena and an early December threat to hold Homeland Security Secretary Janet Napolitano in contempt, DHS fully complied with the request Dec. 12.

Now the panel waits for the FBI to come through with criminal record information, which is “not expected in the near future,” according to a committee aide. The goal is to use that data to hone in on the number of illegal immigrants identified through the Secure Communities initiative who were not deported and have gone on to be charged with criminal offenses.

The DHS program runs fingerprints from local law enforcement agencies through a database to identify illegal immigrants. With the ability to deport only 400,000 of the approximately 11 million illegal immigrants in the country each year, the Obama administration has committed to focusing on those convicted of the most serious crimes. GOP members have said the policy was put in place to circumvent congressional votes to prevent enactment of amnesty legislation.

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