FY 2014 DHS BUDGET REQUEST to appropriate funds for UP TO 31,800 detention beds.
Immigration & Nationality Act (INA) Section 236(c) states exactly who is a “mandatory custody” by the crime committed or security threat to the U.S.
On June 5, 2013, the House of Representatives Passed HR 2217 which did the following two things:
1. Funded DHS detention beds at more than requested by DHS
2. Made all 34,000 beds “mandatory detentions” by including language way above and beyond the language of the INA
On June 5, 2013, Ted Deutch proposed Amendment 107 to eradicate the mandatory minimum detention lockup language of HR2217. That amendment was defeated with the help of these 11 Democrats, who voted against ending the indefensible mandatory lockup quota.
HR2217 passed a day later on June 6, 2013, with the indefensible expansion of mandatory immigrant lockups included.
HR2217 was incorporated in HR3547, the Omnibus Appropriations Act, which was passed on January 17, 2014 by a Democratic Vote and thus, with a Waiver of the Hastert Rule.
WHAT THE HECK JUST HAPPENED?
The Law, the Immigration & Nationality Act, makes certain high risk and criminal foreign nationals ineligible for release and thus they are called “mandatory custodies.” However, ICE’s own numbers show the majority of those detained and deported are not “mandatory custodies” as defined by the law.
The House, by passing Bills like HR 2217, has artificially inflated the number of “mandatory custodies” not because they are criminals or a threat to the United States, but in order to fill an artificial, arbitrary, capricious & wholly unnecessary “lockup quota.”