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Matthew Kolken on Deportation And Removal

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  1. Credible Fear grant rate under Trump similar to rate under Obama

    by , 05-05-2017 at 08:10 AM (Matthew Kolken on Deportation And Removal)
    Via NPR's Latino USA:

    The following charts display the yearly summaries of total credible fear workloads, from Fiscal Year 2014 through Fiscal Year 2017. So far, case receipts for FY 2017 (currently at 50,475) and decisions (49,917) are on track to match or exceed the FY 2016 receipts (94,048) and decisions (92,990).

    The first four months of FY 2017 (October-January) saw some of the highest monthly number of case receipts and decisions in the past four fiscal years. In addition, the first full month of President Trump’s term in office (February, 2017) saw 6,148 receipts and 8,264 decisions, a higher number than February, 2016.

    In addition, for the first two full months of Trump’s term (February and March, 2017), 75.3% of decisions led to a fear being established (meaning that immigration court proceedings most likely started), with 11.1% leading to a fear not being established (likely meaning that a person was immediately removed).

    During FY 2016, that rate was at about 79% for a fear being established and 10.6% for a fear not being established. In FY 2015, the fear established rate was 70% and the fear not established rate was 16.7%. In FY 2014, the fear established rate was 72% and the fear not established rate was 18.2%.










    Click here for more of the report.
  2. ICE Arrests of Noncriminals Plummet under Trump Administration

    by , 04-19-2017 at 09:05 AM (Matthew Kolken on Deportation And Removal)
    Via immigration lawyer Bryan Johnson:

    Immigration Arrests of noncriminals dropped by 13% under the Trump administration, compared with the overall percentage of noncriminals arrested from 2009 to 2016 under the Obama administration, according to statistics provided to the Washington Post as well and the Senate Judiciary Committee:





    Mr. Johnson explains that:

    Arrests of noncriminals this year are much, much lower than the peak enforcement years of the Obama administration.

    As a matter of percentage, under Trump, ICE arrests of noncriminals account for 25.47% of of total arrests. (5441 out of 21,362)


    In the year of 2014 in the same time period, under Obama, ICE arrests of noncriminals accounted for slightly less than .1% more, at 25.6% of total arrests (7,482 out of 29,328).

    Click here to read his entire analysis.
  3. Immigration Court Cases Post-Trump Not Dissimilar to Obama

    by , 04-05-2017 at 06:20 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC Immigration:

    Over nine out of ten post-Trump cases rely on immigration charges as the basis for seeking a removal order. About 40 percent are for illegal entry, while 51 percent were for other immigration charges. The most common of these other types of immigration charges were for no "current valid immigrant visa," or simply "being present in the country in violation of the law." In only 2 percent of the cases were persons charged with having an aggravated felony, while an additional 6 percent were charged with participating in other types of criminal behavior. There were no terrorism charges, and just 3 cases where the individual was charged with a "national security violation."


    While this pattern is not dissimilar to the pattern of charges observed in Immigration Court cases under President Obama, there has been a shift away from illegal entry as the grounds for seeking deportation and a rise in other immigration offenses, such as not currently having a valid immigrant visa which can occur if the person entered legally and then stayed beyond the period permitted under their visa.


    Click here for the full report.
  4. An Arrest by ICE Does Not Result in an Automatic Deportation

    by , 02-14-2017 at 09:25 AM (Matthew Kolken on Deportation And Removal)

    Syracuse University's TRAC Immigration explains "Just because a person was taken into ICE custody also didn't automatically mean the individual was ordered deported and removed from the country." The moral of the story is hire a good deportation defense lawyer, and remember, you get what you pay for.

    From their latest report:

    Large-scale use of ICE detainers is a relatively recent phenomenon. Detainers were infrequently used during the first five and half years of former President George W. Bush's Administration. However, during the last two years under Bush, detainer usage increased rapidly and continued to grow when President Barack Obama assumed office.

    Examining what detainers actually achieved and did not achieve during the Obama and Bush years is important because under the Trump Administration's recent flurry of immigration executive orders it appears that the use of detainers is likely to surge[2]. It also should be observed that very recent changes in the agency's Freedom of Information Act (FOIA) policies indicate that transparency about this and other ICE activities has been sharply reduced.


    The data indicate that the growth in the use of detainers under Bush and Obama was surprisingly short lived. The preparation of ICE detainers peaked in August 2011 when 27,755 were recorded. And the number of these detainers that were followed by ICE taking the individual into custody peaked even earlier, during

    March 2010. In that month 16,713 of the detainers, according to ICE records, were followed by the individual being taken into custody. This peak in March of 2010 was barely a year after President Obama assumed office. Detainer usage fell off after this.


    Click here to view the entire report.
    Tags: bush, detainers, ice, obama Add / Edit Tags
  5. Farewell to The Deporter-In-Chief

    by , 01-25-2017 at 08:33 AM (Matthew Kolken on Deportation And Removal)
    And so it ends.

    President Obama’s presidency will be remembered as a historic time for our country, but not for the reasons you may be thinking. To the contrary, his legacy is pockmarked by sweeping anti-immigrant enforcement policies that will be remembered as an unwashable stain on the history of the United States. The only thing remotely close is when Roosevelt rounded up Japanese Americans in internment camps. And I’m not exaggerating.

    In Obama’s last year in office his deportation force apprehended 530,250 immigrants nationwide, conducting 450,954 removals and returns. In total, he deported more immigrants in his tenure than all Presidents of the 20th century combined. Refugee mothers and children spent their second Christmas together in one of Obama’s deportation internment camps for immigrant families. Their pleas for a pardon fell on deaf ears as criminals with gun crimes were set free.

    According to Syracuse University’s Transactional Access Clearing House (TRAC) Obama’s prioritization of the deportation of refugee mothers with children created a backlog of 102,342 deportation court cases, surpassing the 100,000 case mark for the first time. TRAC determined that pending priority cases involving unaccompanied children reached 75,582 in December 2016. Combined with family cases, deportations involving women and children now account for one third (33%) of the immigration court's overall backlog.

    As for the backlog, on day 1 of Trump’s Presidency there are currently a record breaking 533,909 pending Obama deportation cases. The first person to be deported as a result of a Trump interior enforcement action will likely not take place until after the midway mark of his first term in office.

    To add salt, the Obama administration’s parting gift to immigrant communities was a Supreme Court argument seeking to overturn a lower Court ruling that provided certain immigrants a defense to removal, and which if accepted, will make it even easier for subsequent administrations to effectuate deportations with no relief available.

    But that’s not all.

    Immigration was Obama’s major focus of federal criminal law enforcement efforts, comprising 52 percent of all federal prosecutions in FY 2016. In the last 12 month cycle ending in September 2016, federal prosecutions of immigration related crimes were tallied at 69,636. Conversely, federal criminal prosecutions for gun related offenses were only 5.8% of all charged federal crimes. In plain language, Obama talked the talk on guns, while mostly doing nothing, and walked the walk on immigration, focusing the majority of Department of Justice resources prosecuting and convicting immigrants for the crime of trying to get back to their families.

    Make no mistake about it, this was Barack Obama’s anti-immigrant America. Only there were no Million Mom Marches for jailed refugee mothers, and Democrats stood mostly silent as Obama conducted deportation raids against toddlers.

    Civil rights activist César Vargas, founder of UPLIFTT (United People for Latinos in Film TV and Theater), was less diplomatic in his insightful analysis of the Obama years. He astutely observed that “if a Republican had done what Obama did to Latinos you would've been calling for a civil war. But now you're out here protesting inaugurations and calling legitimate wins illegitimate.” He cautioned people not to fall for “party line” politics.

    And that’s exactly the problem.

    Democrats spent the past eight years ignoring Obama’s horrendous human rights violations because he had a ‘D’ at the end of his name. Some on the Left did far worse than sticking their head in the sand by actively undermining those brave enough to voice the truth.

    As for turning the page, the same people that sat on the sidelines cheerleading for Obama as his policies devastated immigrant communities are now up in arms because Trump has indicated that he wants to focus immigration enforcement resources on deporting serious criminals. I wonder where we heard that before? Mind you, when Obama said it hypocritical Democrats in the immigration law community called it “smart” immigration enforcement.

    So what does the future hold?

    I predict that Trump’s election may end up being the very best thing that could have happened for certain immigrants. Specifically, DREAMers. So far no executive action has been taken to reverse Deferred Action for Childhood Arrivals (DACA), and it has already been reported that President Trump has expressed a willingness to work with Congress to craft legislation that will provide legalization for immigrants benefiting from it. Work WITH Congress? What a novel concept, and likely more effective than demagoguing Republicans for 8 years, which parenthetically was the central component of Obama’s failed immigration reform strategy.

    But let’s be honest. Achieving immigration reform was never Obama’s goal. His goal was to win elections by casting Republicans as anti-immigrant, which is probably his only lasting achievement on the immigration front.

    So, let us raise a glass and bid farewell to the Deporter-in-Chief. Don’t let the door hit you on the way out.

    Updated 01-25-2017 at 09:44 AM by MKolken

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