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Like it or hate it, Trumpís immigration enforcement is failing. By Nolan Rappaport

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The Department of Homeland Security (DHS) has released its FY2017 immigration enforcement report. It indicates that President Trump has reduced the number of illegal border crossings, but it shows no progress at all on reducing the number of undocumented aliens who are in the United States already.

An immigration court backlog crisis is making it extremely difficult for him to move new cases through removal proceedings.

Where enforcement is now.

Removals have actually gone down under the Trump administration:

DHS claims this is because fewer aliens are being apprehended in the vicinity of the border, which is where most removals take place. Trump has succeeded in reducing the number of illegal border crossings by reversing the damage President Obama did to border security with his interior enforcement policies.

When Barack Obama was president, he focused his immigration enforcement efforts on aliens who had been convicted of serious crimes or who had been caught near the border after making an illegal entry, and he protected aliens here unlawfully who were not in a priority category.

U.S. Immigration and Customs Enforcement (ICE) officers were required to obtain permission from a Field Office Director before arresting an apparently deportable alien who was not in a priority category.

This created what I called a ďhome free magnet.Ē Aliens wanting to enter the United States illegally knew that they would be safe from deportation once they had reached the interior of the country unless they were convicted of a serious crime. This was a powerful incentive to do whatever was necessary to cross the border into the United States.

Trump destroyed this magnet with tough campaign rhetoric and his Executive Order, Enhancing Public Safety in the Interior of the United States, which greatly expanded enforcement priorities. No deportable alien is safe under President Trumpís enforcement policies.

In April 2017, CBP reported a sharp decline in the number of aliens apprehended along the Southwest border, and in the number of aliens who were found inadmissible at ports of entry.

But border security just keeps new aliens from entering the country illegally. It does not reduce the population of undocumented aliens who are in the country already, and this is where Trumpís enforcement program is failing.

Read more at http://thehill.com/opinion/immigrati...ram-is-failing

Published originally on The Hill.

About the author. Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.






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Comments

  1. ImmigrationLawBlogs's Avatar
    America is facing a much bigger problem than the alleged "failure" to kick out millions of non-criminal, mainly Latino, black and Asian "illegal aliens" and break up their families, including millions of American citizens, as quickly as immigration opponents would wish.

    The bigger problem is that millions of middle class and working class white voters, taken in by Trump's false populist anti-immigrant rhetoric during his campaign, elected a president who, together with Congressional leaders in his party, is ramming though tax and budget policies favoring the same super-rich elite which Trump campaigned against as a candidate and which will ultimately devastate the economic well being of millions of Americans who voted for Trump by destroying Social Security, Medicare and the rest of the New Deal social safety net.

    The Trump/GOP agenda will also destroy the economic well being of millions of average American working people by gutting union rights, environmental and work safety regulations, minimum wage and equal wage protections.
    This is especially cynical in the light of Trump's support for the RAISE Act, which would vastly reduce non-European immigration, on the pretext that it would help American workers.

    Political analyst Henry Giroux, who is an expert on the history of fascism, writes about how Trump's blending of an anti-immigrant agenda with economic policies favoring the same corporate elite that he claimed to oppose as a candidate, are having an especially destructive effect on America's young people and moving this country in the direction of a fascist dictatorship.

    Ordinary Americans of all races, creeds, colors and backgrounds, including millions of people in Trump's white voter base, are beginning to pay a very heavy price for being taken in by Trump's anti-immigrant siren song.

    Giroux's December 13 article: Fascism's return and Trump's war on youth is at:

    https://theconversation.com/fascisms...on-youth-88867

    Which will benefit the American people more? Spending more resources and energy on rounding up, incarcerating and ultimately deporting millions of peaceful non-white immigrants, many of whom pay taxes, own businesses which provide jobs or essential services to Americans, or work in jobs which Americans don't want; or preserving the economic well-being of middle and working class Americans which is now being threatened by the economic agenda of Trump and his party that would ruin the economic lives of millions of ordinary Americans to put more money in the pockets of billionaire campaign donors and powerful corporations?

    Roger Algase
    Attorney at Law


    Updated 12-14-2017 at 09:56 AM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    America is facing a much bigger problem than the alleged "failure" to kick out millions of non-criminal, mainly Latino, black and Asian "illegal aliens" and break up their families, including millions of American citizens, as quickly as immigration opponents would wish.

    The bigger problem is that millions of middle class and working class white voters, taken in by Trump's false populist anti-immigrant rhetoric during his campaign, elected a president who, together with Congressional leaders in his party, is ramming though tax and budget policies favoring the same super-rich elite which Trump campaigned against as a candidate and which will ultimately devastate the economic well being of millions of Americans who voted for Trump by destroying Social Security, Medicare and the rest of the New Deal social safety net.

    The Trump/GOP agenda will also destroy the economic well being of millions of average American working people by gutting union rights, environmental and work safety regulations, minimum wage and equal wage protections.
    This is especially cynical in the light of Trump's support for the RAISE Act, which would vastly reduce non-European immigration, on the pretext that it would help American workers.

    Political analyst Henry Giroux, who is an expert on the history of fascism, writes about how Trump's blending of an anti-immigrant agenda with economic policies favoring the same corporate elite that he claimed to oppose as a candidate, are having an especially destructive effect on America's young people and moving this country in the direction of a fascist dictatorship.

    Ordinary Americans of all races, creeds, colors and backgrounds, including millions of people in Trump's white voter base, are beginning to pay a very heavy price for being taken in by Trump's anti-immigrant siren song.

    Giroux's December 13 article: Fascism's return and Trump's war on youth is at:

    https://theconversation.com/fascisms...on-youth-88867

    Which will benefit the American people more? Spending more resources and energy on rounding up, incarcerating and ultimately deporting millions of peaceful non-white immigrants, many of whom pay taxes, own businesses which provide jobs or essential services to Americans, or work in jobs which Americans don't want; or preserving the economic well-being of middle and working class Americans which is now being threatened by the economic agenda of Trump and his party that would ruin the economic lives of millions of ordinary Americans to put more money in the pockets of billionaire campaign donors and powerful corporations?

    Roger Algase
    Attorney at Law


    What does this have to do with my article? It's interesting that Roger reads an article about Trump failing to implement his immigration enforcement program, and his reaction is to complain about Trump's economic agenda. Isn't it?

    Nolan Rappaport
  3. ImmigrationLawBlogs's Avatar
    As my above comment makes clear, Trump's promises to "crack down" on "illegal immigrants" and his campaign of exploiting racial hatreds by demonizing primarily Mexican unauthorized immigrants as "criminals" and "rapists", and all Muslim immigrants as "terrorists", played a crucial role in putting him in the White House.

    Who is now paying the price for following Trump's Pied Piper tune of scapegoating immigrants for all of America's problems and promising to deport as many immigrants as possible as quickly as possible?

    The American people are paying the price, in terms of very likely economic hardship and devastation for millions of seniors, young people and ordinary working people of every demographic background.

    And all Americans are paying the price in the increased danger of losing our democracy, as Giroux's above article explains.

    Nolan thinks this has nothing to do with his article. To the contrary, the consequences of Trump's promise to ramp up deportations (whether Trump is ultimately able to fulfill these promises or not) have everything to do with Nolan's article.

    Roger Algase
    Attorney at Law
    Updated 12-14-2017 at 11:22 AM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    Roger says, "Nolan thinks this has nothing to do with his article. To the contrary, the consequences of Trump's promise to ramp up deportations (whether Trump is ultimately able to fulfill these promises or not) have everything to do with Nolan's article."

    My article is not about the consequences of Trump's campaign promises, a subject I am sick of hearing about. It's about the failure of his immigration enforcement program. As I indicated in my previous comment, it is very interesting that Roger isn't pleased by this development. My explanation is that his Trump hatred has blinded Roger to everything but his obsessive, extreme criticisms of Trump.

    I say, Trump's enforcement program is failing; Roger responds that Trump's economic agenda is destroying America. If it turns out that Trump's economic agenda is failing and I write an article about it, Roger will respond with an accusation on some other topic.

    Nolan Rappaport
  5. ImmigrationLawBlogs's Avatar
    I gather that Nolan evidently disagrees with my point that Trump's immigration "enforcement" agenda is just one part of a larger social and economic policy agenda which hurts millions of Americans just as much as, or even more than, it hurts the brown skinned immigrants who are its principal targets. Nolan is entitled to express his views, as I am to express mine.

    Roger Algase
    Attorney at Law
  6. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    I gather that Nolan evidently disagrees with my point that Trump's immigration "enforcement" agenda is just one part of a larger social and economic policy agenda which hurts millions of Americans just as much as, or even more than, it hurts the brown skinned immigrants who are its principal targets. Nolan is entitled to express his views, as I am to express mine.

    Roger Algase
    Attorney at Law
    I didn't write an article about his "larger social and economic policy agenda." It's about the failure of his immigration enforcement program.

    Nolan Rappaport
  7. ImmigrationLawBlogs's Avatar
    For those who do not want to look at the wider implications of Trump's deportation agenda, but prefer to consider it strictly in isolation from other issues, a good place to start is with a look and the historical background of Trump's deportation policies, going all the way back to the late 19th Century Chinese exclusion laws.

    One of the best introductions to this historical background appears in a February 26 article by Kelly Lytle Hernandez, an Associate Professor of History and African-American Studies at UCLA entitled:

    America's mass deportation system is rooted in racism

    https://theconversation.com/americas...n-racism-73426

    I will be discussing this article in more detail in my own forthcoming blog comment. Anyone who is concerned with the functioning of America's deportation system today can gain valuable insights by reading this article.

    This article shows that there is a direct line from America's policy of barring, first Asian and then Jewish and other Eastern European immigrants, on racial grounds in the late 19th and first half of the 20th centuries; and Donald Trump's policy of deporting as many Mexican and other Latin American, Asian and black immigrants as logistics will allow, while barring immigrants from as many Muslim countries as the federal courts will let him get away with, today.

    With all due respect to Nolan, who argues that this is not the right place for a discussion of the larger context within which Trump's expanded deportation policies are being carried out, it is also worth pointing out that the open and unabashed racism of America's immigration system during the period from the 1890's to the 1930's coincided with "Gilded Age" economic policies favoring the super-wealthy white elite at the expense of the well-being of all other Americans - policies which led to the Great Depression.

    The Trump administration is not only attempting to return to the bigoted days of whites only immigration by attempting to deport 11 million or more non-white immigrants (however long that may take), but is also attempting to change the legal immigration system to favor mainly white European countries though the RAISE Act and other measures, including proposals to abolish the Diversity Visa and vastly reduce family immigration and less skilled immigration (for immigrants who don't happen to work at Trump's own resorts, that is); and- also - through his "Hire American" executive order - to cut back on primarily Asian skilled immigration such as H-1B.

    Trump is also returning to Gilded Age economic policies, which in view of the above history, is not coincidental, but something which goes hand in hand with his attempts to bring back a white supremacist immigration system and remove millions of non-white immigrants from America.

    Roger Algase
    Attorney at Law
    Updated 12-15-2017 at 08:58 AM by ImmigrationLawBlogs
  8. ImmigrationLawBlogs's Avatar
    While the following may admittedly not be directly related to Nolan's above article, which deals with immigration enforcement rather than legal immigration, what can only be called the pathological hatred that Trump has shown toward illegal non-white immigrants as both candidate and president was also evident yet again in his demagogic, utterly false and despicable attacks on more than a million immigrants who have come to the US legally under the Diversity Visa program, many of whom have been naturalized and are therefore Americans just as much as Trump himself. See my December 15 ilw.com comment

    http://blogs.ilw.com/entry.php?10287

    Roger Algase
    Attorney at Law
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