WARNING: This column will make you very angry!
By law, illegal aliens convicted of heinous crimes - rape, murder,
child molestation - are to be deported once they've served their
jail terms. But lately, thousands of them have simply been let go.
And Justice Department officials have refused to release a
government database that could help journalists and private
citizens find these aliens.
No one knows exactly how many of these criminals there are
nationwide, but Cox Newspapers Washington Bureau journalists Eliot
Jaspin and Julia Malone examined Georgia state prison records in
2002 and found numerous cases like convicted pedophile Miguel Angel
Gordoba. He served a four-year sentence for molesting a 2-year-old
girl in Alma, Ga., then disappeared following his release.
Federal officials are required by law to deport people like Cordoba
when they are released from prison, but immigration officials are
often nowhere to be found when the illegal alien felons walk away
from jail. Federal investigators say there are thousands of Miguel
Angel Gordobas. As scary a prospect as that is, this story gets
worse. Much worse.
After finding so many cases in Georgia using state records, the Cox
reporters decided to look at federal data to get a better idea of
the scope of the problem. They submitted a Freedom of Information
Act request to the Justice Department's Office of Justice Programs
seeking an electronic copy of all records collected on alien
inmates in the government's Grants Management System. The GMS funds
are used by Washington to reimburse state and local governments for
the cost of incarcerating illegal aliens like Gordoba.
The Justice Department refused to provide any of the data sought by
Jaspin and Malone. Why? For three reasons, according to Rachal
Madan, Office of Justice Programs' general counsel: (1) the grants
data are exempt from disclosure under the FOIA because it concerns
matters "of internal significance in which the public has no
substantial interest," (2) processing the data "would place an
unjustifiable administrative burden" on the Office of Justice
Programs, and (3) releasing the data would "constitute a clearly
unwarranted invasion of (the convicted illegal aliens') personal
privacy."
In other words, the government refused to make the data available
because the public - that's you and me, our families and neighbors
- wouldn't benefit, the agency can't be bothered and it would be
wrong to violate the criminals' privacy!
Such "reasoning" defies understanding. It is the most outrageous
violation of the concept underlying the FOIA - taxpayers have a
right to know what their government is doing with their tax dollars
- I've seen in my two-decades-plus as a journalist in our nation's
capitol.
This case also illustrates, however, the value of the FOIA. The
public clearly has a "substantial interest" in knowing the
identities of criminals among us; that's why we see "Wanted by the
FBI" posters in every U.S. Post Office in America. It's why police
so often ask the public for help in finding accused criminals who
are at large. It's why the "Amber" system works so well in finding
kidnapped kids.
Think what would happen if photos of these thousands of illegal
alien criminals and other information about them gleaned from the
data by Jaspin and Malone became available on Cox Newspaper's Web
site. You can be sure lots these thugs would deport themselves as
soon as possible. Federal officials, aided by citizens, thanks to
the FOIA, would catch many more. My guess is that incoming Attorney
General Alberto Gonzales disagrees with Madan's view that her
agency can't be bothered to aid such an outcome by compiling the
data sought by Jaspin and Malone.
As for Madan's fear of violating a convicted illegal alien's
privacy, here's another thing to think about: Homeland Security
officials admit they can't adequately protect our borders. Things
are so bad in Arizona that citizens there are volunteering to help
monitor the border.
How many terrorists lurk among those thousands of convicted felons
who should have been deported? Which is more important - protecting
an illegal alien's alleged privacy or finding and deporting
somebody planning the next 9/11?
Cox Newspapers is appealing the Office of Justice Programsí
denial, but FOIA appeals often take years to complete and always
costs thousands of dollars that most media organizations simply
don't have. You can help. Ask OJP's boss, Assistant Attorney
General Deborah Daniels, to release the data sought by Cox. Her
address is: 810 Seventh Street NW, Washington, D.C., 20001.
Mark
Tapscott is director of the Center for
Media and Public Policy at The Heritage
Foundation (heritage.org).
Distributed nationally on the Knight-Ridder Tribune wire