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Focus on Freedom of Information: WARNING: This column will make you very angry!
TownHall.com ^ | Jan. 31, 2005 | Mark Tapscott

Posted on 02/02/2005 8:50:57 AM PST by JustAnotherSavage

Mark Tapscott January 31, 2005

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.

Distributed nationally on the Knight-Ridder Tribune wire

Mark Tapscott, a veteran newspaper journalist, is Director of the Center for Media and Public Policy at The Heritage Foundation, a Townhall.com member group.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Foreign Affairs; Government; War on Terror
KEYWORDS: aliens; borders; criminalaliens; deportation; dhs; doj; foi; gubmintoutrage; illegalaliens; illegalimmigration; immigrantlist; immigration; lamestexcusesever; w2
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"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."
1 posted on 02/02/2005 8:51:01 AM PST by JustAnotherSavage
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To: JustAnotherSavage

Read later.


2 posted on 02/02/2005 8:52:56 AM PST by EagleMamaMT
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To: gubamyster; Marine Inspector; JimmyMc; FBD; All

According to the Justice Dept. "(3) releasing the data would "constitute a clearly unwarranted invasion of (the convicted illegal aliens') personal privacy."


Couldn't do that could we??


3 posted on 02/02/2005 8:53:44 AM PST by JustAnotherSavage ("We are all sinners. But jerks revel in their sins." PJ O'Rourke)
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To: JustAnotherSavage
WARNING: This column will make you very angry!

WARNING: Changing headlines makes the Admins very angry!

4 posted on 02/02/2005 8:54:05 AM PST by dead (I've got my eye out for Mullah Omar.)
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To: JustAnotherSavage
To quote many FReepers before me, "JUST DAMN"
5 posted on 02/02/2005 8:54:51 AM PST by Jersey Republican Biker Chick (Never play leapfrog with a unicorn!)
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To: Lurker; Viet-Boat-Rider; Little Ray; tom paine 2; Squantos; Monkey Face; ShuShu; VeniVidiVici; ...

According to the Justice Dept. "(3) releasing the data would "constitute a clearly unwarranted invasion of (the convicted illegal aliens') personal privacy."


Couldn't do that could we?? So nice that our government is so "PC"


6 posted on 02/02/2005 8:55:41 AM PST by JustAnotherSavage ("We are all sinners. But jerks revel in their sins." PJ O'Rourke)
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To: dead

Did I? I copied and pasted it. What should be the title?


7 posted on 02/02/2005 8:56:31 AM PST by JustAnotherSavage ("We are all sinners. But jerks revel in their sins." PJ O'Rourke)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 4.1O dana super trac pak; 4Freedom; 4ourprogeny; ...

ping


8 posted on 02/02/2005 8:56:33 AM PST by gubamyster
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Comment #9 Removed by Moderator

To: HighFlyer

Ping


10 posted on 02/02/2005 8:58:03 AM PST by johnwayne (I)
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To: JustAnotherSavage

Focus on Freedom of Information


11 posted on 02/02/2005 8:58:06 AM PST by dead (I've got my eye out for Mullah Omar.)
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Comment #12 Removed by Moderator

To: dead

You are correct: Focus on Freedom of Information

Can we get that corrected? I posted the subtitle by mistake, sorry I was in a rush.


13 posted on 02/02/2005 9:00:13 AM PST by JustAnotherSavage ("We are all sinners. But jerks revel in their sins." PJ O'Rourke)
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Comment #14 Removed by Moderator

To: dead; admin

Thank you, I'll be more careful.


15 posted on 02/02/2005 9:01:17 AM PST by JustAnotherSavage ("We are all sinners. But jerks revel in their sins." PJ O'Rourke)
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To: JustAnotherSavage
No big deal. It was a pretty lame title, but it won't show up in Search without it.

The article's interesting though.

16 posted on 02/02/2005 9:01:21 AM PST by dead (I've got my eye out for Mullah Omar.)
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To: All

Why are these people incarcerated at all? This system is at considerable expense to the taxpayers of this country.
They don't deserve a trial, they are here illegally. If they are here legally it would take less than a month to prove it.

If they have committed crimes in the United States, they should be fully documented by a special crime watch group in the government, not given a trial, not jailed and and fed and watered, but sent directly back home.

If they return to the U.S. and caught, they can then be charged with violation of immigration laws, and then incarcerated.

Never to be left free in the U.S. again.

Send them home.


17 posted on 02/02/2005 9:01:55 AM PST by imintrouble
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To: JustAnotherSavage
If the conservative correction comes to a grinding halt, illegal immigration is going to be the reasons, one way or another.
18 posted on 02/02/2005 9:02:11 AM PST by Question_Assumptions
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To: JustAnotherSavage

sick


19 posted on 02/02/2005 9:02:58 AM PST by satchmodog9 (Murder and weather are our only news)
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Comment #20 Removed by Moderator


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