ICE Released 2,837 Convicted Alien Sex Offenders back into American communities

Immigration and Customs Enforcement (ICE) has released 2,837 convicted criminal alien sex offenders back into American communities in order to comply with a Supreme Court decision authored by Clinton-appointed Justice Stephen Breyer, according to a new report by the Government Accountability Office (GAO). 

The 2,837 sex offenders represented five percent of the 59,347 deportable aliens that have been released from detention under the supervision of U.S. Immigration and Customs Enforcement (ICE), according to the GAO report, which was released Thursday.

“There are circumstances in which criminal aliens who have been ordered removed from the United States – including those convicted of a sex offense – cannot be removed,” the report states. “For example, a criminal alien may not be removed because the designated country will not accept the alien’s return.” 

The GAO report refers to the 2001 Supreme Court case Zadvydas v. Davis to explain why ICE is required to release foreigners who have been convicted of sex crimes. In its 5-4 decision, the court ruled that the indefinite detention of removable aliens for greater than six months is unconstitutional unless there is “significant likelihood of removal in the reasonably foreseeable future.”

“Freedom from imprisonment lies at the heart of the liberty protected by the Due Process Clause,” Associate Justice Stephen Breyer wrote in the majority opinion. Breyer was joined in this opinion by J.P. Stevens (a Gerald Ford apppointee), Sandra Day O'Connor (a Reagan appointee), Ruth Bader Ginsburg (a Clinton appointee), and David Souter (a George H.W. Bush appointee)

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