-Caveat Lector-

>From http://www.jewishworldreview.com/michelle/malkin.html

Jewish World Review Oct. 25, 2002 / 19 Mar-Cheshvan, 5763

Michelle Malkin

Who let Lee Malvo loose?

http://www.NewsAndOpinion.com | The mainstream media informed us this week that Lee
Malvo, the reportedly "17-year-old" youth charged as a material witness in the sniper
investigation along with John Mohammed, is a "Jamaican national." As of this writing 
(Oct.
24), the Immigration and Naturalization Service refused to comment publicly on the 
exact
nature of Malvo's immigration status.

Here are the facts the INS doesn't want you to know: Lee Malvo is an illegal alien from
Jamaica who jumped ship in Miami in June 2001. He was apprehended by the Border Patrol
in Bellingham, Wash., in December 2001, but was then let go by the INS district in 
Seattle
in clear violation of federal law and contrary to what the arresting Border Patrol 
officers
intended, according to my law enforcement sources.


According to INS records I obtained, Malvo was arrested by Border Patrol agents in
Bellingham, Wash., on December 19, 2001. Local police called the Border Patrol during 
an
incident involving "some sort of custody dispute" between Malvo's mother, Uma Sceon
James, and John Mohammed (the ex-Army soldier with black radical Muslim ties now at the
center of the sniper investigation). James admitted that six months earlier, "she and 
her
son were passengers on a cargo ship that was filled with 'illegal asians (sic).' They 
were all
off loaded in the Miami, FL area where she immediately located work at the Red Lobster 
in
Ft. Myers, FL."

>From there, Malvo and James traveled to Tacoma, Wash., and ended up in Bellingham. At
the time of their arrest, INS records indicate, neither Malvo nor his mother had any
documents proving their identities or allowing them "to be or remain in the United 
States
legally." The Border Patrol agents concluded that because she had "no roots or close 
family
ties in the United States, James was likely to abscond." The arresting officer noted 
that the
mother-and-son illegal aliens, Malvo and James, would be "detained at the Seattle
Detention facility in Seattle, Washington pending deportation charges."

That's not what happened. About a month after their arrest, Malvo and his mother were 
set
free by the Seattle district INS-contrary to what the arresting Border Patrol officers 
had
determined should be done. And in clear violation of federal law regarding the removal 
of
illegal alien stowaways. According to the Detention and Deportation Officers' Field 
Manual:

"Occasionally, you may encounter an alien who claims to be a stowaway, but cannot or 
will
not provide information concerning the name of the vessel of arrival. Prior to April 
1, 1997,
such aliens could be handled in the same way as any other EWI [entered without
inspection] case and placed into removal proceedings. The [Illegal Immigration Reform 
and
Immigrant Responsibility Act], however, directs that stowaways, regardless of when
encountered, are to be removed without a hearing.citing section 235(a)(2) of the Act 
as the
authority for the action."

The law is explicit: Illegal alien stowaways are to be detained and deported without
hearings. James admitted that she and her son were illegal alien stowaways. Yet, in
January 2002, James was released on a $1,500 bond; Malvo was set loose without any
bond on his own recognizance. Here is my theory: Somebody at the Seattle INS office
leaned on the arresting Border Patrol officers to disregard Malvo and his mother's
"stowaway" status-allowing them to run free and allowing the INS to avoid the costs
associated with detention and deportation. So, who let Lee Malvo loose? The Seattle INS
office referred my call to the Washington, D.C. headquarters. The national headquarters
referred calls to the Montgomery County sniper task force. Standard INS operating
procedure: Pass the buck and run for cover.

SEE THE FORMS!

Image 1

Image 2

-- Always going the extra mile for our readers!

"This makes me sick to my stomach," says Daryl Schermerhorn, vice president of the
Northwest regional chapter of the National Border Patrol Council, which represents 
Border
Patrol agents in Washington State. "The INS is not concerned with enforcing immigration
law," he told me this week. "It's more concerned with freeing up jails and saving a few
bucks than it is with protecting Americans and removing people who don't belong here."

As I document in my book, Invasion, these countless "catch and release" cases have
demoralized rank-and-file INS agents and cost scores of American lives-from cops gunned
down by fugitive deportees to victims of illegal border-crossing murderers, and now, 
quite
possibly, to the innocents slaughtered in the Washington, D.C., area sniping spree. 
Eugene
Davis, a retired deputy chief Border Patrol agent in Blaine, Wash., told me: "This is 
another
classic example of how our catch and release policy for illegal aliens remains a 
danger to
us all. What's it going to take for the American people to demand that we fix the 
system?"

Enjoy this writer's work? Why not sign-up for the daily JWR update. It's free. Just 
click here.

JWR contributor Michelle Malkin is the author of, most recently, "Invasion: How America
Still Welcomes Terrorists Criminals & Other Foreign Menaces to Our Shores". To comment,
please click here.

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