Suspect had Prior Run-In with Immigration Officials & was Awaiting Removal Hearing

WASHINGTON – Senate Judiciary Committee Chairman Chuck Grassley and House Judiciary Committee Chairman Bob Goodlatte are seeking more information on a man with gang ties who allegedly attacked a police officer after being released by immigration officials.

Jose Misael Reyes-Reyes, a known member of the MS-13 gang, allegedly attacked a Fredrick County, Md., sheriff’s deputy while he was investigating an unrelated traffic accident.  The deputy was able to subdue and arrest Reyes-Reyes, who was previously apprehended by U.S. Customs and Border Patrol, but released.  Reyes-Reyes is in the country illegally and was in deportation proceedings at the time of the incident.

“While the unprovoked attack on a law enforcement officer is extremely disturbing, what is more disturbing is the fact that a known criminal alien gang member was involved in this alleged crime,” the lawmakers said in a letter to Homeland Security Secretary Jeh Johnson.

Grassley and Goodlatte are calling on the department to provide details on Reyes-Reyes’ criminal and immigration background, including his encounters with law enforcement, whether he had applied for any immigration benefits and the reasons for releasing him from custody.

The full text of the lawmakers’ letter to Johnson follows:

November 10, 2015

The Honorable Jeh Johnson
Secretary 
Department of Homeland Security
Washington, DC 20528

Dear Secretary Johnson:

We write to request case information on Jose Misael Reyes-Reyes, an illegal alien and MS-13 gang member who committed an unprovoked attack on Frederick County Deputy Sheriff Greg Morton on November 5, 2015.   According to the Fredrick County, Maryland Sheriff’s Office, Deputy Morton was in his car investigating an unrelated traffic accident when Reyes-Reyes began hitting him in the face through the car window.  Deputy Morton subdued Reyes-Reyes and arrested him, but Reyes-Reyes then began kicking Deputy Morton in an attempt to escape while handcuffed.  Reyes-Reyes has been charged with multiple criminal counts, including second-degree assault on a police officer, two counts of second degree assault, resisting arrest, disorderly conduct, disturbing the peace, obstructing and hindering, and disorderly intoxication.

According to the Sheriff’s Office, Reyes-Reyes was in the country illegally.  Reyes-Reyes was previously apprehended by U.S. Border Patrol but released.  At the time of the attack on Deputy Morton, Reyes-Reyes was awaiting his removal hearing.  The Sheriff’s Office records also confirm that Reyes-Reyes was a known MS-13 gang member.

This attack is yet another example of the utter lack of respect for the law and those who uphold it, and a terrible reminder that our federal, state, and local law enforcement officers are now singled out as targets by criminals who seek to murder and maim those who wear the badge.  While the unprovoked attack on a law enforcement officer is extremely disturbing, what is more disturbing is the fact that a known criminal alien gang member was involved in this alleged crime.

In order to better understand Reyes-Reyes’ immigration and criminal history, we are seeking answers about his entry to and residency in the United States.  Please provide both Committees on the Judiciary, no later than November 20, 2015, with the immigration history and status, executive summary, criminal history and any other information that may be readily available surrounding Reyes-Reyes.

Furthermore, please provide the Committees with the following documents and answers to the below questions as soon as possible, but not later than November 20, 2015:

1.    Please identify and explain each and every encounter that the Department of Homeland Security or any of its agencies has had with Reyes-Reyes, including the date of the encounter, whether the encounter resulted in detention or the issuance of a detainer or request for notification, whether the encounter resulted in the initiation of removal proceedings or reinstatement of a prior removal order against Reyes-Reyes, and the current status of those removal proceedings or reinstatement.
 
2.    Please identify each and every date on which Reyes-Reyes was arrested by a law enforcement agency in the United States, including criminal and civil arrests, the nature of the charges, the jurisdictions where the arrests occurred, the dispositions of the charges, the dates on which Reyes-Reyes was released from the custody of the law enforcement agencies, and the reasons for the release.
 
3.    Were any detainers or requests for notification about the release of Reyes-Reyes issued by the Department of Homeland Security to any state, local or federal jurisdiction or agency?  
 
4.    Did Reyes-Reyes ever apply for any immigration benefits, including deferred action?  If so, was any application approved?  Please provide copies of any applications that Reyes-Reyes may have submitted.  
 
5.    Please provide a copy of the alien file for Reyes-Reyes.
 
6.    Please provide any other information collected or maintained by DHS, including ICE or CBP, regarding Reyes-Reyes.
 
7.    If Reyes-Reyes had been encountered by DHS enforcement officials prior to his arrest in connection with the above mentioned crimes, would he have met the requirements to be considered a priority for removal under PEP?  If so, please provide the exact reason for such consideration.  If not, why not?

As you know, the Privacy Act authorizes disclosure of information to Committees of Congress. If you cannot fully respond to each and every request for documents or information set forth above, please identify the specific item requested to which you cannot fully respond and explain why you cannot respond.

Should you have any questions, please contact Kathy Nuebel Kovarik at (202) 224-5225 or Tracy Short at (202) 225-3926.  Thank you for your cooperation.

Sincerely,
    

Charles E. Grassley                    
Chairman                        
Senate Committee on the Judiciary
           
Bob Goodlatte
Chairman
House Committee on the Judiciary
 
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