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Matthew Kolken on Deportation And Removal

American Immigration Council: Drop in Court-Ordered Deportations Means Little

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The American Immigration Council's Beth Werlin just wrote an amazing blog that explains why the recent media spin surrounding the drop in Court-ordered deportations is just that: spin. She explains that only 30 percent of the people the administration deported last year ever saw an immigration judge, which explains the drop. Most significantly, the Obama administration's practice of bypassing immigration courts raises serious due process concerns.

From the blog:

Through summary removal processes, such as expedited removal and reinstatement of removal, DHS immigration officers make quick decisions to deport a person without affording the person any further hearing or opportunity to apply for some form of relief from deportation, unless the person expresses a fear of persecution. The entire process—from apprehension to deportation—can take less than 24 hours. Such summary processes raise serious due process concerns given the inherent risk of arbitrary, mistaken, or discriminatory conduct that can occur in the absence of adequate deliberation and oversight mechanisms.

To make matters worse she notes that the Obama administration almost never exercises prosecutorial discretion to individuals that are not considered deportation priorities:

...there were 235,093 deportations from within the border region. These individuals, many of whom have resided in the United States for decades and who may have left the United States only for a brief period of time, were deported without any consideration of priorities or equities.

Click here to read the entire post.

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Updated 04-28-2014 at 12:21 PM by MKolken

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  1. Jack2's Avatar
    To make matters worse, for the majority of those individuals deported last year, there is no consideration of priorities or equitable factors. That is, there is no consideration of prosecutorial discretion.
    Then how do you account for this:

    "In 2013, all but roughly 10,000 of Immigration and Customs Enforcement?s (ICE) deportations were of convicted criminals, repeat immigration offenders, or people who were picked up shortly after crossing the border."

    That 10,000 figure is correct. According to ICE's recent publication:

    Eighty-five percent (128,398) of
    ICE?s 151,834 non-criminal removals were individuals attempting to unlawfully enter the U.S. Overall, 93 percent of all ICE?s non-criminal removals were of recent border crossers, repeat immigration violators, or fugitives from the immigration courts.

    That amounts to 10,628. If there are 11 million unlawfully present aliens, that means less than 1 in 1,000. If "there is no consideration of prosecutorial discretion," how would Beth Werlin explain such a low number?
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