DHS Cooperation Long Overdue

For Immediate Release December 12, 2011

Contact: Jessica Baker, (202) 225-3951

Smith: DHS Cooperation Long Overdue

Washington, D.C. – The Department of Homeland Security (DHS) today produced documents to the House Judiciary Committee that are in compliance with the Immigration Subcommittee’s subpoena.  Last week, House Judiciary Committee Chairman Lamar Smith (R-Texas) wrote to DHS Secretary Janet Napolitano demanding that the Department comply with the subpoena in its entirety by December 9.  Chairman Smith released the statement below following the Department’s compliance.


Chairman Smith: “Four months ago, I requested a list of illegal and criminal immigrants intentionally released by Immigration and Customs Enforcement so that the Committee can cross-check the information to see if they have gone on to commit more crimes. As part of our oversight responsibility, this data will be used to inform Congress on the problem of criminal immigrants and their effect on public safety.

“According to statements made by DHS officials, the subpoenaed information was compiled months ago. I am pleased DHS has finally decided to work with the Committee and comply with the subpoena. The Department’s cooperation is long overdue.

“The American people have a right to know what crimes hundreds of thousands of illegal and criminal immigrants have committed after ICE intentionally chose not to detain them. The Obama administration’s lack of immigration enforcement threatens our communities and undermines the rule of law.”

Background:  On November 4, 2011, the Immigration Subcommittee issued a subpoena to DHS for a list of illegal and criminal immigrants that have been brought to the attention of ICE but have not been detained or placed in removal proceedings by the agency.  This information was originally requested by Chairman Smith in August 2011. 

Specifically, the Subcommittee requested names, fingerprint identification numbers, and alien registration numbers of aliens encountered but not taken into custody or processed for removal by ICE.  On November 10, the deadline for the subpoena, DHS provided information to the Committee, but it wasn’t the subpoenaed information.  All DHS provided was simply a count from 1 to 220,995 with the date and time encountered for each alien.  The country of origin was listed for some of the first 600 aliens.  This information is completely useless because there are no unique identifiers to allow the Committee to cross-check the information.

In a letter dated December 2, DHS again did not provide documents responsive to the subpoena.  Instead, DHS officials requested an additional 30 days to conduct their own analysis of 73,000 individuals that they believe fit the terms of the subpoena.  On December 8, Chairman Smith demanded DHS comply with the subpoena in its entirety by December 9.  If they didn’t comply, Chairman Smith said that the Committee intends to move forward and consider a resolution to hold Secretary Napolitano in contempt of Congress.
According to DHS officials’ own statements, the subpoenaed information was compiled months ago.