He should have been deported upon release, that is, INS should have picked him up when he was released from the state facility and deported him. But remember this was in California, where apparently instead of deporting illegal alien felons, they award them drivers licenses and a map of the West Coast.
It is my understanding that the INS is being more conscientious about intercepting and deporting alien felons who are about to be released, finally getting around to putting the 1996 immigration law provision regarding their automatic deportation into practice (I think one of the circuit appellate courts recently ruled that instead of automatic deportation, they are entitled to another round of endless hearings, unless their crime was selling cigarettes to a minor, in which case they are to be executed on the spot). But I digress. There is a bill moving through Congress that would allow convicted felons who are legal aliens (visitors, students, etc.) to stay in our country. Under the provisions of the law under consideration (thank you Senators Leahy and Kennedy, and Chairman Sensenbrenner and Rep. Berman), it is more than likely that the 9/11 highjackers could have stayed indefinitely -- had they survived.
And this is during a time when "Homeland Security" is such a priority. Correct me if I am wrong, but there were no Patriots, no Right-Wingers, no Homeschoolers, no 2nd Amendment advocates, no Christians, involved in the worst terrorist attack against America--only aliens we let in and left undisturbed.