ICE Sees Fewer Criminals in Deportation Proceedings

Of all of the individuals in deportation proceedings between July and September 2011 in ICE’s more than 50 immigration courts, only 7,738 (or just under 14%) were charged with having engaged in criminal activities. This is down from about 16.5% during 2010.

Not only has the proportion dropped since 2010, the numbers have been decreasing throughout 2011, from 15.8% during the first quarter of the year to 15.1%, 14.9% and 13.8% in the subsequent quarters. This is all based on information provided by the Executive Office on Immigration Review (EOIR) as a result of a Freedom of Information Act request by the Transactional Records Access Clearinghouse at Syracuse University. These same records show that during 2011, ICE began deportation proceedings against 188,770 individuals who were only being charged with immigration rule violations which is 83.4% of the total number of cases. This percentage is higher than the 81.9% of the same kind of cases held in 2010.

In terms of individuals targeted on national security or terrorism grounds, the number fell from 42 in 2010 to 30 in 2011.

As a result of all of this data, Syracuse has put out a powerful new tool that allows you to look at immigration enforcement patterns by state, Immigration Court and hearing location. All of this information can be found at http://trac.syr.edu/phptools/immigration/charges/deport_filing_charge.php. The site amalgamates information for years 1992-2011.

All of this information allows us to evaluate how well ICE’s actions are matching up with its announced priorities and policies. Is the prosecutorial discretion that has been espoused really making a difference? How do those being targeted in proceedings fall into the categories enumerated in ICE policy memos? What kinds of crimes are those being deported actually charged with?

All of this data seems to stand in stark contrast to the White House’s announcement (seen here: http://www.whitehouse.gov/blog/2011/08/18/immigration-update-maximizing-public-safety-and-better-focusing-resources) that, “Under the President’s direction, for the first time ever the Department of Homeland Security has prioritized the removal of people who have been convicted of crimes in the United States.”

ICE REFUSES TO RELEASE DATA CONCERNING DEPORTATIONS

ICE could clear up any discrepancies that are being found between word and action, but so far they have refused to do so. ICE has resisted responding to the FOIA requests that have been issued, quite possibly because the evidence would not help their position and stated intentions. In addition, the White House may have to look at its policies in the face and justify the difference between its directives and how those directives are being carried out.

Given all of this evidence, how can ICE boast about closely matching the announced priorities of targeting criminals and those who pose a national security risk? They do so in their October 18, 2011 press release found here: http://www.ice.gov/news/releases/1110/111018washingtondc.htm

ICE has been challenged to provide the numbers that back up these claims–these numbers have not been provided.

How ICE will respond to building pressure to follow the new “priorities” they have set out for themselves remains to be seen.