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Illegal Aliens & EMTALA










Dr. Madeleine Cosman, Ph.D., ESQ
May 29, 2005

Violent sexual predators armed with handguns and rifles are social menaces and medical hazards. Surprising numbers of armed violent sexual predators are illegal aliens. Illegal alien invaders flout basic American law and bring sexually transmitted diseases to California, Arizona, Texas, and heartland states such as Iowa and Minnesota.

People convinced illegal aliens are good for America's economy must learn how bad Illegal Alien sexual predators are for America's children.

I was flying to lecture at a medical meeting in the mid-west and on the aircraft sat next to a man who by posture and deportment seemed to belong to the military or law enforcement. He is an Agent with U.S. Immigration and Customs Enforcement (ICE), the largest investigative arm of the Department of Homeland Security. His major work is to capture and deport illegal alien violent sexual predators. ICE recently added a new sex-crime section to its responsibilities for enforcing border, economic, infrastructure, and transportation security laws, and for preventing terrorism. Last year, ICE launched Operation Predator to target illegal aliens whose sex crimes, especially against children, make them deportable from the United States.

Des Moines, Iowa, ICE agents recently arrested 14 convicted sexual predators. Nationwide, ICE agents arrested 2,600 sexual predators, many well-armed.

Here are a few examples of horrifying illegal alien armed sexual predators in America's heartland. These typify the national invasion.

The Des Moines ICE office and the local U.S. Attorney's Office arrested and indicted Nicolas Sandoval-Medina, 24, of Mexico, the twice-deported child molester caught with 25 pounds of drugs, 6 rifles, 2 handguns, and much ammo. Sandoval-Medina likes young girls. He first came to ICE attention when agents arrested him for sex with a 12-year-old girl in a Des Moines motel room. America couldn't easily get rid of him. He arrived illegally in 1996, was deported in July 1997, re-entered illegally, and then in December 1999 was convicted again on two counts of Lascivious Acts with a Child. Criminally prosecuted for the felony of re-entry after deportation, he was removed to Mexico again in July 2000. He came back.

ICE in Minnesota recently deported the despicable illegal alien sexual predator who bound, gagged, and raped a 5-year-old Minnesota girl. Mexican Jaime Sanchez-Hernandez, 31, was convicted of Criminal Sexual Conduct in the First Degree in October 1999. ICE arrested him after his release from the Moose Lake Correctional Facility after serving a 57-month sentence for the rape of the child.

In our treatment of illegal aliens, the criminal justice world is upside-down. Rationality demands that a criminal conviction of an illegal alien should lead to his immediate deportation. Rationality demands immediate deportation for an illegal alien after he serves his sentence in our prisons. But American law does not routinely deport the illegal alien felon either before or after prison. Our prisons release the illegal alien right back into the town he had just terrorized by his heinous acts.

The only way ICE agents know that an illegal alien such as Sanchez-Hernandez who should be deported will be let out of prison is if they can secure a legal instrument called a detainer. A detainer requires the correctional facility to notify an interested law enforcement agency before the illegal alien prisoner is released so that the convict can be deported immediately after incarceration. ICE Field Office Director Scott Baniecke praised "law enforcement partners working together�.Otherwise, this violeent offender might have been released back into the community." When Sanchez-Hernandez was sentenced, the little girl's 9-year-old brother who had discovered the rapist attacking his little sister said he would remember forever the picture of his 5-year-old sister tied up.

What's next for sexually violent predators after prison? Evidence suggests that once a predator, always a predator. Neither incarceration nor therapy prevents predators from repeating their vile sex crimes. Only chemical or surgical castration impedes most penetrating evils. But castration does not necessarily curb predators' violence. Some states that cannot easily deport illegal alien sexual predators place them in mental hospitals. Eight states, including California, incarcerate sexually violent predators in hospitals after jail terms. Thirteen other states, including Texas and New York, are creating similar legislation for this process called civil commitment. States with civil commitment generally review the violent sexual predator's case after two years to release him if demonstrating trustworthiness for functioning in society. This is absurd for illegal alien violent sexual predators, as it is ridiculous for home-grown citizen felons. Since the psychiatric treatment, such as it is, usually fails, the sexual predators attack again until they are caught again.

In Kansas, a sexually violent predator after release from prison will be confined to a mental hospital if certified as having a "personality disorder" or "a mental abnormality" which predisposes the person to "commit sexually violent offenses." Though Kansas's Supreme Court declared that law unconstitutional, the U.S. Supreme Court last year reversed that decision. Now a Kansan sexual predator can be confined to a mental hospital either for mental illness or for being a potential danger to society.

In California, 178 sexually violent predator felons were transferred to a state mental hospital. The hospital called Atascadero is infamous for its sex crimes programs. California's typical perverse civil commitment law releases violent sexual predators into the same county and locality in which they perpetrated their crimes.

Hospitalization in a psychiatric facility implies curable psychiatric illness. No valid scientific data demonstrates cure of sexual predators by psychiatrists' couches or by psychotropic drugs. The only guarantee against attackers repeating sexual predation is very long sentences behind bars.

Deporting illegal alien sexual predators works best only if they can be prevented from reentry. Lamentably lax border control makes reentry inevitable.

What success has ICE Operation Predator had against illegal alien sexual predators nationwide? The 2600 sexually violent predators apprehended in one year may be 10% of the total perpetrators. Maybe only 1%. No one knows. But ICE press headlines are promising. As a medical lawyer trained to identify patterns, I am suspicious that these headlines may be contrived to make ICE look even more effective than it is in ridding us of the illegal aliens threatening our health and safety. In San Diego, for instance, ICE refuses to investigate or police the blatant, huge encampments of illegal aliens who are day workers and night dwellers in San Diego's deep, fire-prone canyons. It is not their responsibility, they claim, because these roving men who accost kids near schools have not yet committed a crime. When they do, then we ought to call the San Diego Police Department or Sherriff's Deputies. Nonethless, ICE deserves credit for arresting many and deporting some Illegal Aliens who are Sexual Predators:

1 � San Diego, CA, ICE Arrested 685 Fugitive Aliens.
2 � Bloomington, MN, Man Who Raped Northfield 12-year-old Deported.
3 � Houston, TX, 244 Predators Arrested.
4 � Washington, D.C., ICE Agents + Ecuadorian Police Capture Fugitive Child Sex Predator.
5 � New York, NY, ICE Agents Arrest Dozens of Sexual Predators.
6 � Baltimore, MD, ICE Agents Arrest 24 Child Sex Predators.
7 � Austin, MN, ICE Arrests 92 Child Sex Offenders.
8 � Orlando, FL, ICE Arrests 10 Sex Offenders.
9 � Boston, MA, Italian Sex Offender Ordered to Prison for Illegal Re-Entry.
10 � Alexandria, VA, ICE Arrests 19 Child Sex Predators.
11 � Miami, FL, ICE Nabs 11 Criminal Sex Offenders and Child Abusers.
12 � Newark, NJ, ICE Arrests 41-year-old Florida Man Traveling to New Jersey for Sex with 13-year-old Girl-Agents Find Stun Gun, Sex Devices, and Viagra.

Illegal Alien sexual predators that menace Americans with guns and rape are among the hidden medical and social horrors of our open borders.

� 2005 Madeleine Cosman - All Rights Reserved

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Dr. Cosman is a medical lawyer located in California. Her forthcoming book in 2005 is Who Owns Your Body?: Doctors and Patients Behind Bars. She lectures worldwide on medical law and medical policy, has testified before Congress on medical law issues, and has spoken in Washington for Cato Institute and Galen Institute. She wrote the ABCs of the Clinton Medical World for Congress in 1993. A Director of California Rifle and Pistol Association, she writes "Guns and Medicine" for Firing Line. One of her 15 published books was nominated for the Pulitzer Prize, National Book Award, and was a Book of the Month Club Dividend Selection.

Madeleine promotes free-market, patient-centered medicine, and Health Savings Accounts.

Her J.D. is from New York's Cardozo School of Law, Ph.D. from Columbia University, M.A. from Hunter College, and B.A. from Barnard College. She is a member of the New York State Bar, New Jersey Bar, American Bar Association's Health Law Section, and American Inns of Court. Madeleine is Professor Emerita of City College of City University of New York and a Life Fellow of the New York Academy of Medicine.










What's next for sexually violent predators after prison? Evidence suggests that once a predator, always a predator. Neither incarceration nor therapy prevents predators from repeating their vile sex crimes.