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The Quicker Picker Upper
There's new legislation on Capitol Hill, which seems to call for bounty hunters to help round up foreign visitors to the U.S. who overstay their visas. The House Resolution (H. R. 3452) is called the Visitor Information and Security Accountability (VISA) Act of 2003 and was introduced on November 6th, 2003 by Congressman Pete Sessions (R-Texas) and Congressman Lincoln Davis (D-Tennessee).
My general skepticism about legislation with earnestly clever names aside, the VISA act has some common sense points. Secure Identification Documents (sec. 102) and Increased Penalties for Alien Smuggling (sec. 107) seem reasonable and overdue. Where the bill loses me, is the section 201, MAINTENANCE OF STATUS/DEPARTURE BONDS AND DELIVERY BONDS. From a summary of the act:
Finally, the VISA Act seeks to take action against individuals who violate the terms of entry by:
• Introducing the private sector as a force multiplier in improving visa compliance by authorizing and requiring federally regulated Maintenance of Status/Departure bonds for those seeking U.S. visas, except for individuals from countries participating in visa waiver agreements with the U.S.
Basically, visitors from countries requiring entry visas in to the U.S. will be required to post a bond with a registered, private bond agent. If the visitor overstays their visa, the bond agent would be responsible for the now-illegal alien's apprehension and deportation.
I'm not sure I understand what all this means in practice. Presumably, it would add a significant, non-refundable, "cover charge" for every visa-holding visitor entering the U.S., and would encourage private bounty hunters to roam immigrant communities searching for visa overstays in the same way they currently do with court bail jumpers. I do not believe that the economic, political and security implications of this have been thought through very carefully.
Need to educate myself a bit more...
January 16, 2004 | Permalink
Comments
Mr. Libin,
I stumbled across your site here, though I understand that you are not most likely knowledgable of what and how most modern Bounty Hunters work.With that said, first off let me explain that most states require you to be licensed in some way to perform Fugitive Recovery work. As a licensed Private Investigator in Texas I am able to do recovery work (Bounty Hunting, so gone are the days of the Wild West and all that BS. We are professionals (most of us) just as you are, I would like to give you some basic knowledge of our trade though I will say it is not for everyone, First there are statistics that indicate that "Bounty Hunters" account for 80% of re-arrested fugitives that have missed court which does not cost the taxpayers one dime, the one thing that these "aliens" have in common with fugitives is that they do not have the same rights as law abiding citizens, and when they get their deportation notice they run. This is a bigger problem than most know about these people come here and do nothing but cost the taxpayers more money. Am I saying that person who comes here looking for a better way of life should be turned away absolutely not, but they are not the ones we're talking about we're talking about the ones that lie thier way in and disappear. So yes to use "Bounty Hunters is the way to go since this is what we do find the ones that do not want to be found. And just a reminder TAX FREE.
Posted by: b rutherford | Nov 28, 2004 8:02:42 PM
Mr. Rutherford,
Call me Phil.
I once heard Texas described as, "the state populated entirely by Bounty Hunters and the people they're looking for." This is pretty funny as far as crass regional stereotyping goes. During my many extended trips to the Lone Star State, I have heard equally delicate things said about my home state of Massachusetts. Either way, I do not question the professionalism or value to society of most people in your line of work.
I agree with half your analysis and disagree with the other half.
If a court issues an order to bring someone who's overstayed their visa to an immigration hearing and, after going through the usual channels, is unable to locate that person, the court can justly declare the now illegal immigrant a fugitive and engage a private Bounty Hunter to bring them in. I have no issue with this.
The issue is with the funding. I think (correct me if I'm wrong) that traditional fugitive recovery is funded by the bail paid by arrested suspects in order to be released from custody pending their trials. If the suspect skips court, the Bounty Hunter picks him up and collects a part of the bail. Is this approximately right?
What this bill proposes is that every person coming in from a visa-required country post a bond. There are three problems here: (1) The bill treats every single tourist and visitor from most of the world as if they were already an arrested suspect in a crime. This is not very good hospitality. (2) The bond expenses (which would presumably be substantial if it's to cover recovery expenses) directly reduce legitimate tourism and business trips and suppress foreign spending in the U.S. You're gonna spend a lot less at Fenway Park and Cheers (god forbid) if you just had to put down $5,000 that you won't see until after you leave. This could be a big hit to the economy. (3) We'd need a new bureaucracy and infrastructure to handle the posting and refunding of bonds. Since most legitimate visitors would be in and out in a week or two, this could add significant expense and delay.
I would support state or federal governments using private licensed fugitive recovery firms in these cases, but only if it didn't significantly hinder legitimate tourism.
Some questions that you might be able to help me with:
1. What percentage of illegal aliens have actually overstayed their visas as opposed to sneaking in to the country? This bill only helps with the first kind.
2. How much would the bond have to cost to cover your recovery costs?
3. Have I got the basic economics right or am I missing something?
Thanks for your feedback.
Posted by: Phil Libin | Nov 29, 2004 2:45:24 PM
Mr. Libin
Thank you for your response, typically a bond company will post a bond for someone for 10-15% of the total bond amount in some cases they will require collateral or escrow funds to secure the actual dollar amount of the bond, so for example if they are required to post a bond of say $5000.00 they would typically pay a bond of fee $500.00 - $ 750.00 . If they have collateral or escrow set up that would be refunded to them but the would not recieve any of the bond fee back.
Bonds work basically the same as insurance premiums.
As for my fee on a visa bond it is about 12% of the bond amount. That will vary depending on what part of the country an investigator works in. I do know several investigators that do only these types of cases, and I have seen them with as many 200 or so at a time.
I would also say that for persons coming here for regular visits for business and say a family emergency should and probably would not be subject to a visa bond.
I hope this helps!
Posted by: b rutherford | Nov 29, 2004 3:31:55 PM
You're a cynical loner, hated by criminals and barely tolerated by the law. You hunt them down and bring them to justice. It sounds so simple doesn't it? Hah! But throughout history there has always been a call for your profession. A necessary evil. There have always been authorities, criminals, businesses and individuals who have needed the services of someone in your field. Willing to pay to have a 'problem' retrieved or 'neutralised'. Sometimes you wonder if you're any better than a common thug.
You've taken jobs for concerns on both sides of the law, but lately you've begun to wonder what you've really acheived in life. You've made a basic living, and the thrill of the hunt was one of your few joys, but you've racked up a string of enemies as well, and somehow you just can't convince yourself that everyone you hunted had done something really wrong. You've always taken pride in your skill but something's missing in your life.
You're a Bounty Hunter!
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