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Highlights from the Alien Incarceration Report for the Fourth Quarter of FY2017. By Nolan Rappaport

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I am only presenting highlights. You need to read the entire report to fully understand the significance of this data.

Section 16 of President Trump’s Executive Order on Enhancing Public Safety in the Interior of the United States requires the DHS Secretary and the Attorney General to provide quarterly reports on the immigration status of aliens incarcerated under the supervision of the Federal Bureau of Prisons (BOP); aliens incarcerated as federal pretrial detainees under the supervision of the United States Marshals Service (USMS); and of all convicted aliens in state prisons and local detention centers.

A total of 58,766 known or suspected aliens were in in DOJ custody at the end of FY 2017, including 39,455 persons in BOP custody and 19,311 in the USMS custody. Of this total, 37,557 had been confirmed by ICE to be aliens (i.e., non-citizens and non-nationals), while 21,209 foreign-born people were still under investigation by ICE to determine alienage and/or removability.

Among the 37,557 confirmed aliens, 35,334 (94 percent) were unlawfully present. This includes a 92 percent unlawful rate among 24,476 confirmed aliens in BOP custody and a 97 percent unlawful rate among 13,081 confirmed aliens in USMS custody.

Information Regarding Immigration Status of Aliens Incarcerated Under the Supervision of the Federal Bureau of Prisons

Out of the 185,507 inmates in BOP custody, 39,455 (21 percent) were reported by BOP as foreign-born. Further details regarding these 39,455 foreign-born inmates are as follows:


  • 20,240 (51 percent) were unauthorized aliens who are subject to a final order of removal;



  • 14,979 (38 percent) remain under ICE investigation;



  • 2,374 (6 percent) were unlawfully present and now in removal proceedings;



  • 1,852 (less than 5 percent) were lawfully present aliens but are now in removal proceedings; and



  • 10 were aliens who have been granted relief or protection from removal.


Information Regarding the Immigration Status of Aliens Incarcerated as Federal Pretrial Detainees

USMS identified 19,311 aliens and foreign-born inmates under ICE investigation detained at USMS facilities. Further details regarding these 19,311 foreign-born inmates are as follows:


  • 11,459 (59 percent) were aliens who are subject to a final order of removal;



  • 6,230 (32 percent) remain under ICE investigation;



  • 1,261 (6.5 percent) were unlawfully present and now in removal proceedings;



  • 358 (less than 2 percent) were lawfully present but are now in removal proceedings; and



  • 3 were aliens who have been granted relief or protection from removal.


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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Updated 01-06-2018 at 09:00 PM by ImmigrationLawBlogs

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Comments

  1. ImmigrationLawBlogs's Avatar
    This report is a very useful reminder of two basic and crucial facts in the immigration debate:

    1) According to studies, unauthorized immigrants have a lower crime rate than native born Americans;

    2) Scapegoating immigrant or other minority groups as criminals or associating them with crime is a classic way of promoting hatred against them which has been used in many ways throughout American history.

    For more comment on both these above points, see:

    Trump Turns Unauthorized Immigrants Into Scapegoats

    https://www.theatlantic.com/politics...-crime/518238/

    Nolan, with his usual careful and painstaking scholarship, has done us a service by calling our attention to the issue of immigrants who have been charged with or convicted of crimes, so that we can reflect further on the significance of these two fundamental points.

    Roger Algase
    Attorney at Law
    Updated 01-06-2018 at 09:02 PM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    This report is a very useful reminder of two basic and crucial facts in the immigration debate:

    1) According to studies, unauthorized immigrants have a lower crime rate than native born Americans;

    2) Scapegoating immigrant or other minority groups as criminals or associating them with crime is a classic way of promoting hatred against them which has been used in many ways throughout American history.

    For more comment on both these above points, see:

    Trump Turns Unauthorized Immigrants Into Scapegoats

    https://www.theatlantic.com/politics...-crime/518238/

    Nolan, with his usual careful and painstaking scholarship, has done us a service by calling our attention to the issue of immigrants who have been charged with or convicted of crimes, so that we can reflect further on the significance of these two fundamental points.

    Roger Algase
    Attorney at Law
    .

    Roger, undocumented aliens aren't supposed to be here. They shouldn't be committing any crimes.

    I don't know who you think is scapegoating immigrant crime, or even what you mean by that expression.

    I am glad that you make a distinction between immigrants generally and undocumented immigrants. Many people don't. Aliens living here lawfully are Americans. Criticism of immigrant crime should be directed solely at aliens here illegally.

    Nolan Rappaport
  3. ImmigrationLawBlogs's Avatar
    Nolan is right that we should make a distinction between legal immigrants, who, by definition, are here in compliance with our laws; and illegal immigrants who, also by definition, are violating our laws merely be being present in this country.

    There is one thing that both legal and illegal immigrants have in common, however: lower violent crime rates than native born Americans.


    http://www.newsweek.com/wanna-cut-cr...illegal-661183

    Roger Algase
    Attorney at Law
    Updated 01-17-2018 at 09:33 PM by ImmigrationLawBlogs
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