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Enforcement and Removal

ICE makes federal prosecution of prior deportees a top enforcement priority

Numbers soar as agency expands "Operation Repeat Offender"

HOUSTON - In the last eight months, U.S. Immigration and Customs Enforcement (ICE) referrals nationwide resulted in the felony prosecution of more than 3,800 criminal aliens for re-entering the country after deportation, more than double the number of re-entry cases the agency recorded in all of last year.

From October 2007 through May 2008, investigations by ICE's Office of Detention and Removal Operations (DRO) led to the prosecution of 3,831 illegal aliens for felony re-entry after deportation, compared to 1,808 such prosecutions in all of fiscal year 2007.

A key reason for that dramatic increase was the launch in February of Operation Repeat Offender, an initiative by ICE DRO targeting criminal aliens and immigration fugitives for further federal prosecution. Initially the program involved five ICE DRO Field Offices - Houston, San Antonio, El Paso, Phoenix and San Diego. This month, the initiative was expanded to all ICE DRO Field Offices nationwide.

Of the ICE DRO re-entry cases accepted by the Department of Justice so far this fiscal year, 186 are being prosecuted by the U.S. Attorney's Office, Southern District of Texas. Among those charged locally with re-entry after deportation was Alfred Rubio Alvarez, 44, a Mexican national who was sentenced to 96 months in prison following four prior deportations from the United States. Alvarez also has six prior convictions for assault, which include: using a deadly weapon, deadly conduct, two convictions for possessing marijuana, shoplifting, theft and illegally carrying a concealed weapon.

The heightened emphasis on felony immigration cases reflects a commitment by ICE and the Department of Justice to send a strong message of deterrence to illegal aliens with lengthy criminal and immigration records. The maximum penalty for re-entry after deportation is 20 years in prison.

"The multi-year sentences we typically get in these cases not only serve as a strong deterrent, but they also take dangerous recidivists or other felony offenders off the street and help to disrupt other types of criminal activity," said Julie L. Myers, Department of Homeland Security Assistant Secretary for ICE. "Federal immigration prosecutions are a vital component of our interior immigration enforcement strategy and ICE will continue to work closely with the Department of Justice to bring these cases forward."

"The immigration violators we're targeting under this program have no respect for our nation's laws or our borders," said Kenneth Landgrebe, field office director for ICE DRO in Houston. "These felony immigration prosecutions are a stern reminder to those who might be considering re-entering the country after a deportation that there will be serious consequences for their actions."

Under Operation Repeat Offender, DRO established special divisions, known as Violent Criminal Alien Sections, in its field offices, to review criminal and fugitive alien cases for federal prosecution. ICE has also assigned lawyers to the U.S. Attorney's Office here and elsewhere to aid with the prosecution of these cases. Priority consideration is given to prior deportees who also have past convictions for serious or violent criminal offenses, including suspected gang members and sex offenders.

The heightened focus on re-entry prosecutions is part of the Department of Homeland Security's multi-year plan to secure America's borders and reduce illegal migration. That strategy seeks to gain operational control of both the northern and southern borders, while re-engineering the detention and removal system to ensure that illegal aliens are removed from the country quickly and efficiently.