The INS: Everyone Must Obey the Law

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the INS is [more aggressive] in targeting and removing criminal aliens from the United States.

Under these reforms, those who commit “aggravated felonies”--generally crimes against people and property that render the perpetrator a danger to himself or society--face mandatory detainment by the INS. The 1996 legislation also allows for retroactive action to be taken against aliens for the commission of past crimes.

Whether you’re a military veteran or not, you’re still subject to immigration law if you are not a U.S. citizen. Whether Mr. Ogida served honorably or dishonorably is something that can aid his case later, but if he has committed fraud he will have to appear before a judge.

The ultimate goal is to remove criminals from the United States. People who have committed crimes--here or abroad--should not be entitled to reside in the United States.

On any given day, we’re detaining approximately 1,200 people in the Los Angeles district. The decision to detain is made on a case-by-case basis. Nobody is detained because of a traffic offense; it’s usually for crimes of moral turpitude. Everyone is allowed an attorney and access to their consulates. An appeal is allowed.

I worked in the Moscow office of the INS from 1989 to 1994, doing refugee processing. We understood that what were considered “crimes” against the Soviet state--selling blue jeans, for example--were purely political offenses. If [someone had this on his or her record], it was not a means to deny them entry into the U.S.

This is our system and we think it’s fair and equitable. Everyone has a chance to plead before an impartial judge. I don’t think it’s an abusive system. I would also like to point out that the judge is the person who actually orders someone deported, and the judge is not employed by the INS.