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No excuse to keep American lives at risk

by Rep. Lamar Smith (R-Texas) - 06/03/11 1:57 PM ET

As a result, the Justice Department and Department of Homeland Security (DHS) have released thousands of criminal immigrants into our neighborhoods. In the last two years, close to 8,000 criminal immigrants were released because their own countries refused to take them back. Federal officials have stated that these criminal immigrants include rapists, child molesters, murderers, and other dangerous criminals.

Congress has the power to fix this problem. The Supreme Court has never denied Congress the constitutional authority to provide for extended periods of detention. In fact, in Clark v. Martinez, the Supreme Court invited Congress to legislate in this area and to amend existing law in a way that clarifies the circumstances under which extended detention is permissible.

The Keep Our Communities Safe Act accepts the Supreme Court’s invitation. The bill narrowly specifies a small segment of non-deportable immigrants that may be detained for extended periods of time under special circumstances. These individuals include dangerous criminal immigrants and individuals who are threats to national security.

The Keep Our Communities Safe Act clarifies the law and gives DHS the authority to keep dangerous criminal immigrants off the street.

Mr. Ginatta should have noted that extended detention for non-deportable criminal immigrants is up for review every six months and at any time the DHS Secretary has the authority to have the individual released.

One of the most fundamental obligations of the federal government is to protect its citizens. There is no reason to leave uncorrected a law that compels the release of some of the most dangerous criminals in federal custody. Often their home countries do not want them back precisely because of their crimes.

There is no excuse for continuing to place American lives at risk. Our government should have the authority to do its job of making our country safer. That means enacting the Keep Our Communities Safe Act.

Rep. Lamar Smith (R-Texas) is the chairman of the House Judiciary Committee.