The facts in this case speak with a clarity that ought to trouble every American who believes in the rule of law and the fundamental responsibility of government to protect its citizens.
An 83-year-old Air Force veteran and grandfather lies in critical condition at a New York City hospital this week, fighting for his life after being shoved onto subway tracks in an unprovoked attack. The alleged perpetrator is a man who should not have been in this country at all.
Bairon Posada-Hernandez, a 34-year-old Honduran national, now sits in custody facing charges that he pushed two men onto the train tracks inside the New York City subway system. The victims had done nothing to provoke the attack. They were simply going about their daily lives in what should be a safe public transportation system.
Richard Williams, the elderly veteran now hospitalized, served his country with honor. He raised a family. He became a grandfather. By all rights, he should be enjoying his golden years in peace and security. Instead, he battles for survival because the immigration system failed in its most basic duty.
The Department of Homeland Security confirmed Wednesday evening that Immigration and Customs Enforcement has lodged a detainer against Posada-Hernandez following his arrest. But here is where the story becomes almost incomprehensible in its failure of bureaucratic accountability.
This was not Posada-Hernandez’s first encounter with American law enforcement. It was not his second, third, or even fourth. According to reports, he had been deported from the United States four separate times. He carried a criminal record bearing 15 prior charges. Yet somehow, he remained in the country long enough to allegedly commit this violent act.
The case echoes another recent tragedy in Fairfax County, Virginia, where former acting DHS Secretary Chad Wolf has drawn attention to the fatal stabbing allegedly committed by illegal immigrant Abdul Jalloh. In that case, police had warned prosecutors about Jalloh’s violent criminal history before the fatal attack occurred.
These are not isolated incidents plucked from thin air to score political points. They represent a pattern of systemic failure that has real consequences for real Americans. When immigration enforcement breaks down, when detainers go ignored, when deportation orders fail to stick, the result is measured not in statistics but in hospital beds and grieving families.
The question that demands an answer is straightforward. How does someone get deported four times and still find himself walking the streets of New York City? What sequence of decisions, oversights, or deliberate policies allowed this to happen?
Immigration and Customs Enforcement officers do difficult, often thankless work. But they can only be effective when the system supports their efforts rather than undermines them. When local jurisdictions refuse to honor detainers, when border security remains porous, when deportation orders carry no weight, the entire edifice of immigration law becomes little more than paper and ink.
Richard Williams deserves better. His family deserves better. Every American who relies on public transportation, who walks city streets, who expects their government to maintain basic order and security, deserves better.
The facts are clear. The failures are documented. What remains to be seen is whether those in positions of authority will finally take the actions necessary to prevent the next preventable tragedy.
Related: Texas Senator Reverses Course on Filibuster to Push Voter ID Legislation
