INS policy on aggravated felony
unclear, bishop says
By ARTHUR JONES
NCR Staff Washington
Ethiopia is not a serendipitous place for Jews. One young Jew,
Luseged Dhine, was 14 when he fled, on foot, to Sudan -- after his parents and
brother had been murdered and he was beaten. He does not know what happened to
his three sisters. He was admitted to the United States as a legal refugee in
1978. That tempest tossed the teenager into Washington where on the city
streets he discovered drugs. He was four times arrested for possession of small
amounts of marijuana and has three other misdemeanors on his record.
For those offenses, Dhine, 36, now using a wheelchair, has spent
the past nine years in prison, not charged, but simply held awaiting
deportation back to Ethiopia -- and probably death. A well-organized community
of support has been pressing for his release. The Rabbinical Association of
Greater Miami has pledged it will be responsible for him if he is released.
To no avail.
In February, Attorney General Janet Reno, on behalf of the U.S.
Immigration and Naturalization Service, turned down his request for relief.
Dhine, credited with saving an INS agents life while in
confinement and with helping bust a drug ring, is not alone in captivity. He is
one of an estimated 16,400 immigrants in INS detention today, nearly triple the
number from 1994. A quarter to a third of the detainees are legal
immigrants.
Congressional hearing
Bishop Nicholas DiMarzio, Newark auxiliary and U.S. Catholic
Conference chair on migration, testified Feb. 25 about Dhine and others at the
House Judiciary Committees Subcommittee on Immigration and Claims, a
three-hour oversight hearing on the effectiveness of INS control over illegal
aliens and legal immigrants who have committed a crime.
Subcommittee chairman Rep. Lamar Smith, R-Texas, convened the
hearing two weeks after he and fellow subcommittee member Rep. Elton Gallegly,
R-Calif., wrote that INS Commissioner Doris Meissner should be removed if the
INS does not do a better job of enforcing immigrant detention and removal
provisions.
DiMarzio also told Congress of Salvadoran Mr. G.
He fled the civil war in 1985 after his uncle and two brothers
were killed. He worked his way up from low-paying jobs to a $45,000-a-year job
as the driver of a tractor trailer. However, while in high school here he was
in a car with two friends when the driver picked up another friend. That youth
had a stolen stereo system. The police stopped the car for a broken tail light;
the youths were charged, and the public prosecutor encouraged the three to
plead guilty to petty larceny. Mr. G. was fined, given a suspended sentence for
what, under Virginia law, was a misdemeanor. He paid the fine, did no jail
time, has no other record.
The INS is now charging him retroactively as an aggravated
felon under its 1996 act, arguing, said DiMarzio, that the 1996 law
recognizes no distinction between an actual sentence and a suspended
sentence.
We do not condone the offense, DiMarzio told the
subcommittee, but the penalty does not fit it. Further, the rules were
changed several years after the mistake was made. Mr. G. will probably be
separated from his son, perhaps indefinitely, because of a minor offense
committed years ago for which he has paid his debt to society.
Act undermines rights
The new acts provisions, DiMarzio said, undermine
basic human dignity and human rights, unnecessarily separate and divide
families, violate fundamental notions of fairness and equal protection under
the law -- time-honored concepts on which our nation was founded -- and create
an artificial crisis in [the ability of the INS to detain] truly
violent or dangerous individuals.
While acknowledging the governments duty to provide for
public safety, the bishop insisted that such duty is accompanied by an
obligation to assess whether each individual in this category of INS detention
is actually a threat to safety.
The 1996 law greatly expands the definition of aggravated
felony, said DiMarzio. The INS phrase now bears little resemblance
to the meaning of those words used in criminal law. In our view these
persons cases should be reviewed on a case-by-case basis, not subjected
to a one-size-fits-all approach.
Catholic churches and social service agencies are receiving
numerous requests each week from immigrant families for help with loved
ones who have languished in detention for several months or even years after
having served a sentence, or are being deported because of a minor
crime.
There are no figures on the minor crimes cases DiMarzio referred
to. But INS commissioner Meissner told the same hearing the INS will not
release any criminal aliens.
National Catholic Reporter, March 12,
1999
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