[Rushtalk] MS-13 Resurgence: Immigration Enforcement Needed to Take Back Our Streets

Carl Spitzer cwsiv at juno.com
Wed Apr 4 08:44:25 MDT 2018


 
MS-13 Resurgence: Immigration Enforcement Needed to Take Back Our
Streets
By Jessica M. Vaughan on February 21, 2018 
Download a PDF of this Backgrounder.


________________________________________________________________________



Jessica M. Vaughan is the director of policy studies at the Center for
Immigration Studies. Research assistance was provided by Preston
Huennekens, a research assistant at the Center for Immigration Studies,
and Joseph Kolb, executive director of the Southwest Gang Information
Center. The map was created by Bryan Griffith, the Center’s multimedia
director, and Preston Huennekens.


________________________________________________________________________



The Trump administration has declared war on MS-13, the notoriously
brutal gang based in El Salvador. A similar initiative launched by the
Bush administration in 2005 stifled the gang's activity after several
years, but the gang has been able to rebuild itself here since 2012.

Center researchers reviewed more than 500 cases of MS-13 gang members
arrested nationwide since 2012. We conclude that this resurgence
represents a very serious threat to public safety in communities where
MS-13 has rebuilt itself. The resurgence is directly connected to the
illegal arrival and resettlement of more than 300,000 Central American
youths and families that has continued unabated for six years, and to a
de-prioritization of immigration enforcement in the interior of the
country that occurred at the same time.

All criminal gangs are a threat to public safety, but MS-13 is a unique
problem because of the unusually brutal crimes its members have
committed, its success in using intimidation to victimize and control
people in its territory, and its focus on recruiting young members,
often in schools.

Nevertheless, because such a large share of MS-13 members are not
citizens, they are especially vulnerable to law enforcement, and many
can be removed from the communities they terrorize. Strategic use of
immigration enforcement is a necessary element to disrupting and
dismantling MS-13 gangs and any other transnational criminal
organization operating in our communities.

The proliferation of sanctuary policies that interfere with cooperation
between state and local law enforcement agencies threatens to hamper
efforts to stifle MS-13 activity. The federal government must take steps
to clarify how federal law permits such cooperation and also must set up
consequences for those jurisdictions and officials who impose sanctuary
policies.

Key findings:


      * We found 506 MS-13 members arrested or charged with crimes that
        were reported in 22 states. The most cases were reported in
        California (92), Maryland (85), New York (80), and Virginia
        (63). 
      * MS-13 crimes are not primarily petty nuisance crimes; 207 MS-13
        members were charged with murder. In addition we found more than
        100 accused of conspiracy/racketeering, and dozens of others for
        drug trafficking, sex trafficking, attempted murder, sexual
        assaults, and extortion. 
      * While most of the reports of MS-13 suspects in our case set did
        not include information on the immigration status of the
        individual, we could determine that 126 of the 506 suspects (and
        38 of the 207 murder suspects) were illegal aliens. 
      * The median age of MS-13 gang members identified was 23, and
        suspects ranged in age from 14 to 57. 
      * The median age of their victims was 19, and victims ranged in
        age from 14 to 74. Sixty of the victims were under the age of
        18, including 52 of the murder victims. 
      * 120 of the 506 MS-13 suspects in our case set arrived as UACs
        (Unaccompanied Alien Children), including 48 of the murder
        suspects. 
      * The location of these MS-13 crimes corresponds with locations of
        large numbers of UACs who were resettled by the federal
        government.


MS-13 Crime in the United States Has Rebounded. Federal and state law
enforcement agencies around the country have expressed concern about the
resurgence of crime and violence attributed to the MS-13 gang. The gang
activity subsided for a time following successful disruption and
dismantling efforts, including ICE's Operation Community Shield, which
began in 2005. A key element in that success was the assertive use of
immigration law enforcement tools.1 Immigration and Customs Enforcement
(ICE) agents participated in regional gang task forces led by local law
enforcement agencies, ICE field offices launched operations with the
help of local agencies, ICE encouraged the formation of 287(g)
partnerships to delegate immigration enforcement authority to local gang
unit officers, and ICE worked to target individual gang members who were
identified by local agencies, even in sanctuary jurisdictions like San
Francisco and Miami. Documented gang members often were arrested on
administrative immigration violations, which had the effect of
disrupting the gang's activities and ridding communities of
troublemakers. In addition, these lower-level arrests often led to more
significant criminal investigations of gang leaders and the dismantling
of local MS-13 cliques.

The Obama administration revised these policies, however, and ICE field
offices were directed to cease efforts to disrupt gangs by arresting
members for immigration violations or minor crimes and instead focus on
major conspiracy cases. ICE officers were no longer permitted to arrest
and remove foreign gang members until they had been convicted of major
crimes. Gang arrests by ICE plummeted from about 4,600 in 2012 to about
1,580 in 2014.

This de-prioritization of anti-gang enforcement by ICE corresponded to
an influx of unaccompanied youths and families arriving illegally from
Central America, which began in 2012. During this surge, the Border
Patrol has apprehended more than 300,000 UACs and families. Under Obama
administration policies, most of the families were released and allowed
to continue to their destination, with orders to appear for immigration
court proceedings that would take place years in the future, but most
have absconded from the process. The Obama administration also adopted a
lenient interpretation of the law with respect to UACs, most of whom
were males between the ages of 13 and 17, and who were quickly resettled
with sponsors, usually family members who were already residing here
illegally; some were released to non-family sponsors.2 The government
has made almost no effort to monitor or keep track of these individuals.
According to DHS, about two-thirds of the youths who were permitted to
resettle here as UACs have applied for green cards under a special
program for juveniles who claim to have experienced hardship or been
abandoned by one of their parents.3

Beginning in 2015, law enforcement agencies across the country began to
express concerns about the renewal of MS-13 activity in a number of
locations.

For instance, the Texas Department of Public Safety determined that
MS-13 had again become a top-tier public safety threat in 2015, on par
with larger established gangs, noting the increasing numbers of illegal
alien members arriving in Texas and an increase in violent crime
associated with it:


        Mara Salvatrucha (MS-13) has emerged as a top tier gang threat
        in Texas for 2015. The influx of illegal alien gang members
        crossing the border into Texas in 2014, along with reports of
        extremely violent murders committed by its members in the
        Houston area, positions the gang as one of the most significant
        gang threats in the state for this upcoming year.
        
        Since 2011, the number of MS-13 members encountered by U.S.
        Border Patrol in the Rio Grande Valley (RGV) sector has
        increased each year, accelerating in 2014 and coinciding with
        increased illegal migration from Central America during the same
        period.
        
        Although a large number of MS-13 members have been captured
        along the border, it is likely many more have successfully
        crossed into Texas and remain hidden from law enforcement. Gang
        members from Guatemala, Honduras, and
        
        El Salvador could be destined for locations in Texas with large
        Central American communities, including the Houston and Dallas
        areas. Law enforcement agencies in Houston already report the
        highest number of identified MS-13 members in the state. …
        
        Several recent crimes in Texas illustrate the criminal threat
        associated with MS-13.
        
              * On September 15, 2014, the mutilated body of a
                14-year-old middle school student was discovered in the
                woods near Houston after he was murdered with a machete.
                … In October 2014, a 14-year-old and three adult males
                were arrested and charged with murder in this case. The
                adult males are from El Salvador, and at least two are
                documented MS-13 gang members. ... 
              * In mid-August 2014, a 29-year-old 18th Street gang
                member was stabbed to death in Houston by a 16-year-old
                El Salvadoran member of MS-13…. According to
                investigators, the juvenile suspect revealed he
                illegally crossed into the U.S. in March 2014.4 


MS-13 remains listed as at top-tier threat in the 2017 edition of the
report, stating that while the illegal border influx has declined
“slightly” since 2014, and that while state law enforcement agencies
have made some progress, its transnational activity is still a major
public safety problem for the state.5

Other state law enforcement agencies report similarly significant
increases in MS-13 crime. The Montgomery County, Md., corrections head
says the number of incarcerated MS-13 members has risen 20 percent,
straining their ability to maintain order. Suffolk County, N.Y., reports
a similar rise over the last two years. Prince William County, Va.,
reports a 32 percent increase in two years, and next-door Fairfax County
says their MS-13 inmate population has doubled in the last year.6

506 MS-13 Cases Compiled. Using simple internet searches, Center
researchers found 506 cases of MS-13 members arrested or charged with
crimes since 2012. We compiled information on the name of the suspect,
location of arrest, country of citizenship, age, offense, victim's name
and age, and immigration history.

The map below represents the Center's review of these cases. For the
purposes of the map, the accused were grouped into a single point when
related, such as when multiple members were arrested for a single murder
or were part of a racketeering indictment. The points were then
color-coded under four general crime categories:


     1. Murder and Attempted Murder 
     2. Sex Crimes 
     3. Assault and Violent Crime 
     4. Other Crimes.


Though a single point may be marked as a "Murder or Attempted Murder",
this does not preclude the offender(s) from having committed crimes not
related to murder. For details on each individual represented on the
map, please download our complete list of MS-13 criminals.

This set of cases is not a full representation of MS-13 activity
throughout the country during this time period, of course. Nevertheless,
it gives an indication of the scale of the problem and the direct
connection to immigration policy.

 



















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Terms of Use Murder and Attempted Murder Sex Crimes Assault and other
Violent Crime Other Crimes  

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Table: MS-13 Suspects by StateMS-13 Arrests Occurred Across the Country,
but Are Concentrated in UAC Settlement Areas. The cases we identified
were located in 22 different states. The state with the most reported
arrests was California (92), followed by Maryland (84), New York (80),
and Virginia (63). Table 1 shows the arrests by state.

The arrests occurred primarily in urban or suburban locations, like
Boston, Charlotte, Fairfax County, Va., and Brentwood, N.Y., but also in
a number of relatively rural areas, like Frederick County, Md.,
Lynchburg, Va., and Seneca County, Ohio.

The parts of the country that have experienced an increase in MS-13
activity correspond roughly to the areas where there have been the
largest number of UAC resettlement placements by the federal
government.7 This makes sense; about 15 years ago, MS-13 made a push to
expand from Los Angeles to other parts of the country with sizeable
Central American communities, including many illegal aliens. Most of the
MS-13 members also were in the country illegally.8 These same
communities have been the destination of the recent UAC arrivals, who
were joining family and friends who had arrived earlier.9

207 MS-13 Murders. The MS-13 members identified in the cases we found
were accused of very serious crimes, including 207 murders. More than
100 were accused of conspiracy/racketeering, and dozens of others were
charged with drug trafficking, sex trafficking, attempted murder, sexual
assaults, and extortion.

We understand that it is the most serious crimes that are most likely to
be reported in the news media and by prosecutors. Nevertheless, in the
aggregate, this compilation of cases is alarming, and confirms the
severity of the public safety threat posed by MS-13.

At a recent roundtable of officials convened at the White House by
President Trump on February 6, 2018, to discuss the MS-13 problem, Rep.
Peter King (R-N.Y.) said that MS-13 members had committed 17 murders in
an 18-month period, representing 38 percent of all homicides in his
district. According to investigators, the number of MS-13-related
murders in Montgomery County, Md., has gone from about one a year to
seven in the last two years.10

Table 2 presents the most serious criminal charges or offenses for each
case in our set.

Table: MS-13 Suspects by CimeMany MS-13 Members Are Foreign Nationals,
Often Here Illegally. The MS-13 gang was formed by illegal aliens from
El Salvador who settled in Los Angeles in the 1980s, along with hundreds
of thousands of others from Central America. A number of the founding
members of MS-13 fought with guerilla and paramilitary groups and
participated in violence in El Salvador before relocating to the United
States. They held their own in the California gang environments and
succeeded in carving out a niche for criminal activity, cultivating a
reputation for brutality, intimidation, and zero tolerance for
informants or snitching. They recruited new members aggressively,
primarily other citizens of El Salvador or the children of Salvadoran
migrants. Federal authorities estimated that in its heyday, 90 percent
of the MS-13 members were in the country illegally.

ICE and other law enforcement agencies moved aggressively against MS-13
beginning in 2005, seeking to disrupt activities, arrest, prosecute and
deport gang members and associates where possible, and dismantle
individual cliques and criminal enterprises. The gang's strength was
significantly diminished and soon ICE shifted focus to other gangs it
considered to be a greater threat.

Today, a smaller percentage of MS-13 members is believed to be here
illegally. Some are U.S.-born, others have obtained green cards or have
Temporary Protected Status; some have Deferred Action For Childhood
Arrivals (DACA). But when the gang leadership decided to launch a more
concerted effort to enlarge in the United States, it was able to take
advantage of the Obama administration's catch-and-release policies for
unaccompanied minors apprehended at the border to move in younger
members from Central America. For example, one MS-13 clique leader in
Frederick, Md., who had received a DACA work permit and was employed as
a custodian at a middle school in Frederick, Md., and who was recently
incarcerated for various gang-related crimes, reportedly was told by
gang leaders in El Salvador to take advantage of the lenient policies on
UACs to bring in new recruits, knowing that they would be allowed to
resettle in the area with few questions asked. Several of these
unaccompanied minors now have been arrested and incarcerated for various
crimes, including a vicious random attack on a sheriff's deputy in 2015.

In addition, the influx of tens of thousands of teenagers, mostly male,
into areas where the gang already had a presence, provided a large pool
of youths from which to recruit new members. According to local gang
investigators, these gangs have been aggressively recruiting recently
arrived Central American children as young as 10 years old.

While most of the reports of MS-13 suspects in our case set did not
include information on the immigration status of the individual, in 126
of the 506 cases (and in 38 of the 207 murder cases) we were able to
determine that the suspect was an illegal alien.

According to ICE, 30 percent of the MS-13 members that ICE has arrested
in recent years are UACs. We could determine that 120 of the 507 MS-13
arrests in our case set arrived as UACs, including 48 of the murder
suspects.

Not all of the reports included information on the suspect's country of
citizenship, but of those that included this information, 88 percent
were from El Salvador. The rest were citizens of Guatemala, Honduras,
and Mexico.

MS-13 Suspects Were Young, but their Victims Were Younger. Nearly all of
the reports we found included information on the age of the MS-13
suspect at the time of arrest. In these cases, the age of the gang
members ranged from 14 to 57, with a median age of 23. (See Figure 1.)

               Graph: Ages of MS-13 Suspects and Victims
Information on the victims of the crimes was provided in 164 of the
cases. They ranged in age from 14 to 74, with a median age of 19. Sixty
of the victims were under the age of 18, including 52 of the murder
victims.

The Proliferation of Sanctuaries May Complicate Disruption of MS-13.
Many of the hotbeds of MS-13 activity are also places where local
officials have adopted sanctuary policies. These policies prevent ICE
from working effectively with local law enforcement agencies. There are
approximately 300 sanctuary jurisdictions in the country, and they
include municipalities, counties, and states.11 About half of the MS-13
arrests in our case set (222) occurred in sanctuary jurisdictions.

In addition to information and intelligence, ICE and other immigration
agencies have unique immigration authorities that can be particularly
effective in addressing criminal activity from transnational gangs.
These authorities include the ability to charge criminal aliens with
immigration violations such as illegal entry, overstaying a visa,
re-entry after deportation, failure to appear for immigration
proceedings, illegal possession of a firearm, identity or document
fraud, immigration fraud, alien smuggling, immigration charges based on
prior commission of serious crimes (aggravated felonies) and other
prosecutorial tools.12

Sanctuary policies are destructive to local and federal efforts to
combat gangs because they interfere with communication and cooperation
that could lead to disruption and dismantling of gangs with large
numbers of non-citizens. In addition, sanctuary policies inevitably
result in the release of criminal aliens back to the streets where they
can and do re-offend. Finally, sanctuary policies can act as a magnet
for criminal gangs whose members are in the country illegally, because
they know that immigration violations will be overlooked and that their
use of fraudulent documents and identities is less likely to be
detected.

The practical result of such policies is the release of deportable
criminal alien gang members back to the streets of the communities,
where they are likely to resume their criminal activities. Acting ICE
Director Tom Homan has stated that since January 2014, there have been
10,000 criminal aliens who were released by sanctuaries and who were
then subsequently arrested for additional crimes. Homan said that the
recidivism rate for released criminal aliens could be as high as 70
percent, which is consistent with the recidivism rate for all offenders
in the United States.13

Recommendations. There are a number of steps Congress should take to
assist federal and local law enforcement agencies in combating MS-13 and
other transnational criminal organizations. Many of these provisions are
found in the Secure America's Future Act, introduced by a group of
committee chairs in the U.S. House of Representatives.14

These steps include:


      * Update the definition of a criminal gang in federal law, and
        provide for a designation process to create a bar to the
        admission of gang members and grounds for their removal. This
        ensures that the federal government can prevent the entry of
        known gang members and deny them access to any form of visa,
        permanent residence, work permit, asylum, or other immigration
        benefit. Currently, the government must wait for a gang member
        to commit a crime before disqualifying them from such benefits. 
      * Require ICE and the Border Patrol to detain gang members while
        they are being processed for deportation. 
      * Update the law to provide for more serious consequences for
        sanctuary jurisdictions and the officials who impose sanctuary
        policies. 
      * Revise immigration law to allow DHS more flexibility in dealing
        with minors and families who are caught after crossing the
        border illegally.


________________________________________________________________________

End Notes

1 Jessica Vaughan and Jon Feere, "Taking Back the Streets: ICE and Local
Law Enforcement Target Immigrant Gangs", Center for Immigration Studies,
September 30, 2008.

2 Joseph J. Kolb, "Immigration Impunity: Illegal immigrant sponsors of
UACs avoid accountability for non-compliance with deportation process",
Center for Immigration Studies, February 2017.

3 "President Trump Holds a Law Enforcement Roundtable on MS-13",
Latest.com, February 6, 2018.

4 "Texas Gang Threat Assessment", Texas Joint Crime Information Center,
Intelligence & Counterterrorism Division, Texas Department of Public
Safety, August, 2015.

5 "DPS Releases Texas Gang Threat Assessment", Texas Department of
Public Safety, July 25, 2017.

6 Michael E. Miller, "'Vying for control': How MS-13 uses violence and
extortion in America's jails", The Washington Post, February 5, 2018.

7 See "Facts and Data" section of the Office of Refugee Resettlement
website.

8 See Vaughan and Feere, "Taking Back the Streets".

9 Joseph J. Kolb, "Brentwood, NY Consumed by MS-13 Crime Wave", Center
for Immigration Studies, November 3, 2016, and "Immigration Impunity",
Center for Immigration Studies, February 17, 2017.

10 J. Weston Phippen, "What Trump Doesn't Understand About MS-13", The
Atlantic, June 26, 2017.

11 See the Center for Immigration Studies map and lists of sanctuary
jurisdictions here.

12 For more information, see Claude Arnold, "Immigration Authorities and
Gang Enforcement", U.S. Attorney's Bulletin 47, May 2006.

13 Acting ICE Director Tom Homan in remarks in Miami, Fla.; see "ICE
Director: Sanctuaries 'Pulling their own funding' by disobeying feds",
Fox News, August 16, 2017.

14 H.R.4760 - Securing America's Future Act of 2018.








The Center for Immigration Studies is an independent, non-partisan,
non-profit research organization founded in 1985. It is the nation's
only think tank devoted exclusively to research and policy analysis of
the economic, social, demographic, fiscal, and other impacts of
immigration on the United States.





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