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Posts tagged ‘Border Patrol’

Mainstream Media: Brown Children as Carriers of Disease

The Blaze first reported one June 24 that ” A young illegal immigrant child from Central America was diagnosed with swine flu Friday after crossing the Texas-Mexico border…”

To the Blaze’s credit, they later noted that the H1N1 virus experiencing an uptick this year.

However, the conclusion to be drawn from this article–that immigrant children are carrying diseases from their native countries into the United States–is completely unfounded. 1 or 2 out of approximately 50,000 children coming down with the “predominant” strain of flu present in the U.S. in 2014 is not news.

It is fear mongering.

Indeed, the child may have contracted the H1N1 virus after he or she entered the United States.

Thus far in the 2013-14 Flu Season, the CDC has confirmed 28,357 cases of the H1N1 virus in the United States. That means that more than 28 thousand individuals had already contracted the H1N1 before the one or two immigrant children did.

Ruben Navarrette followed up on the Blaze’s report with an article to add to the dehumanization of immigrant children by falsely claiming that:

Now H1N1 may be back. It has been delivered into our air supply by unsuspecting pint-sized carriers who have endured a lot of pain, sacrifice and suffering to get here and whose fate is still unclear.

No, H1N1 has not been delivered into our air supply by children from Central America. In fact, the prevalence rate of confirmed cases of H1N1 viruses compared to the whole U.S. population of 313.9 million is higher than the rate of unaccompanied children who have entered the U.S. so far in this fiscal year.

At most,  2 out of 50,000 unaccompanied children  have been infected with H1N1, which equates to a 0.003 % prevalence rate.  When compared to the population at large in the U.S., the  prevalence rate of individuals infected with H1N1  is significantly higher at 0.009 %.

There is zero evidence that children from Central America are bringing in communicable diseases into the United States. One cannot bring something to the United States that is already here.

Stop demonizing children. One or two kids came down with the Flu. That is not news. That is fear mongering.

Are there Record Deportations Under Obama? No, he is The Liar-in-Chief, not The Deporter-in-Chief.

With every year under the Obama administration, ICE has declared with glee an ever-increasing number of record deportations. ICE’s latest purported record deportation figure for the fiscal year of 2012 is 409,849.

Ever conscious of the need to avoid looking like the family-destroyers that they are, ICE touted ” that about 55 percent overall were convicted of felonies or misdemeanors.”

One must ask: How is ICE breaking deportation records while concurrently implementing unprecedented policies for prosecutorial discretion, such as the Deferred Action for Childhood Arrivals (“DACA”) and the June 15, 2011 “Morton” Memorandum?

Misrepresentation. Or to put it uncouthly, ICE is lying.

The Obama administration is counting border patrol apprehensions of recent arrivals as deportations so that they may subsequently prosecute more individuals for illegal reentry under 8 USC Sec.1326, a federal felony, and thereby create the illusion that more dangerous criminal aliens are being deported.

According to DHS’s 2011 Yearbook of Immigration statistics, and with the further analysis of Professor Sue Long of TRAC, the following chart has been provided:

FY Year Removals Returns  Deportations
2000 188,467 1,675,876 1,864,343
2001 189,026 1,349,371 1,538,397
2002 165,168 1,012,116 1,177,284
2003 211,098 945,294 1,156,392
2004 240,665 1,166,576 1,407,241
2005 246,431 1,096,920 1,343,351
2006 280,974 1,043,381 1,324,355
2007 319,382 891,390 1,210,772
2008 359,795 811,263 1,171,058
2009 395,165 586,164 981,329
2010 387,242 476,405 863,647
2011 391,953 323,542 715,495

From 2008 to 2011, removals have annually increased while returns have annually decreased. Returns are deportations without a formal order. Border Patrol apprehensions have also steadily been decreasing, which may have contributed to the “Returns” dramatic decrease from 811,263 in 2008 to 323,542 in 2011. However, the Obama administration’s ruse is still clear.

According to DHS, “Returns” are confirmed movements of inadmissible or deportable immigrants not based on an order of removal and are mostly Mexican nationals apprehended by Border Patrol and quickly returned to Mexico.

If an immigrant is “returned” to their country, they cannot be charged with illegal reentry under 8 USC Sec.1326 because there is no outstanding order of exclusion, deportation, or removal order. Coincidentally, The amount of Mexicans with criminal convictions has increased dramatically under the Obama administration.

From 2008 to 2005 , The Bush administration removed 77,531; 76,967; 73171; and 70,779 Mexican nationals with a prior criminal conviction. From 2009 until 2011, the Obama administration has removed 99,616; 128,296; and 144,745 Mexicans with a prior criminal conviction.

In its yearbook for 2012, DHS admits that  most “Returns” are of Mexican nationals who have been apprehended by the U.S. Border Patrol and are returned to Mexico.

What explains this surge of convicted Mexicans removed from the United States? The only reasonable answer is that the supposed increase in deportation of convicted immigrants is a farce.

The increase in number of overall removals and removals of immigrants convicted of a crime are correlated with an unexplained increase in the removal of Mexican nationals convicted of a crime. DHS shows  border removals for fiscal years 2009 to 2012 but curiously does not include the number of border removals for FY 2008. If they did, it would show a substantial increase in border removals under the Obama administration, exposing a rather significant layer of lies.  Look at the chart below, for example:

Picture of ICE

ICE includes the 2008 numbers of Convicted Criminals and Other Removable Aliens yet does not include the 2008 numbers for Border Removals. This chart was made with deliberate intent to mislead the public because it omits  data that could show that an increase in border removals accounts for both the increase in overall removals and removals of immigrants convicted of a crime.

Padding The Numbers

In 2011, TRAC released an intriguing report titled “Illegal Reentry Becomes Top Criminal Charge.”  In 2008, the last year of the Bush administration, the Justice Department charged illegal reentry 21,320 times. From 2009 until 2011, the Justice Department has charged illegal re-entry 30,126; 35,836; and 37,104, respectively.

As of 2011, the Obama administration has almost doubled the amount of annual prosecutions for illegal re-entry.

From 2009 to 2011, the Obama administration has also criminally charged illegal entry, a misdemeanor, 54,175; 43,688; and 34,540 times, respectively. In just three years the Obama administration charged illegal entry 132,403 times, which is more than the Bush administration did in eight years at 122, 392.

In its 2012 press release, ICE bragged that  “approximately 55 percent, or 225,390 of the people removed, were convicted of felonies or misdemeanors – almost double the removal of criminals in FY 2008.” (emphasis added)

Lest the public question what horrible felonies or misdemeanors that these aliens where convicted of, ICE selectively cites to “1,215 aliens convicted of homicide; 5,557 aliens convicted of sexual offenses; 40,448 aliens convicted for crimes involving drugs; and 36,166 aliens convicted for driving under the influence.”

These “bad” crimes amount to 83,386, which is not even half of the total of 225,390 people removed who were convicted of felonies or misdemeanors.

Guess what else has nearly doubled since FY 2008? Criminal prosecutions for illegal reentry; illegal entry;  and removals of Mexican nationals who were convicted of a crime.

Guess what has not nearly doubled since FY 2008? The number of immigrants removed convicted of homicide; sexual offenses; crimes involving drugs; and driving under the influence.”

Given the above, it is clear that the Obama administration has weaved, at a minimum, two layers of lies to the public on numbers of immigrants removed from the United States.

First, the Obama administration is lying about how many immigrants are being removed overall by formally issuing orders of removal to Mexican nationals who have historically been “returned” to Mexico without an order of removal.

Second, the Obama administration is lying about the increase of immigrants convicted of felonies or misdemeanors.

The Obama administration is  issuing more removal orders to Mexican nationals so that they can then subsequently charge more immigrants with the felony offense of illegal reentry.  The vast majority of immigrants convicted of illegal reentry must have been subsequently removed. ICE then used the double in increase of convictions for illegal reentry and entry included in ICE’s press releases to create the appearance of a material increase in the amount of “criminals” being removed.

The Detention to Deportation Pipeline

The Detention to Deportation Pipeline

An undocumented Mexican immigrant is searched while being in-processed at the Immigration and Customs Enforcement (ICE), center on April 28, 2010 in Phoenix, Arizona.

Both Ala and I have extensive experience in representing immigrants who find themselves detained by Immigration and Customs Enforcement (ICE). For those who end up in detention, there generally four routes that one can be sent down.

1. Imminent deportation. This occurs when an immigrant already has an order of deportation.*

In other words, an immigrant was issued a notice to appear in immigration court and,  for one reason or another, an immigration judge ordered them deported. When an immigrant with an order of deportation is arrested or detained for any reason, even if it is an unlawful, the moment they are fingerprinted ICE is notified of their presence and promptly issues a directive to the local authorities to hold the person in custody, regardless of whether that immigrant is eligible for bond.

Once the local authorities have disposed of an immigrant’s matter, within a couple of days, ICE takes the immigrant into custody and immediately begins the process of deportation, which includes obtaining travel documents and arranging a flight out of the United States (usually by charter). Therefore, it is imperative that these individuals secure legal counsel as soon as they have an “ICE hold.”

2. Bond eligibility. An immigrant who does not have an order of deportation, but who is detained by ICE, is generally eligible to request relief before an immigration judge. Generally, if the immigrant did not commit a serious crime, he/she is eligible  to be released from detention on a bond pending the outcome of their request before the immigration judge. The bond can range anywhere from $2500 and up. However, even misdemeanors and seemingly minor crimes can be considered serious in the immigration context and subject a person to mandatory detention, meaning he/she is ineligible for bond. In these circumstances, a person may be eligible for humanitarian parole.

3. Imminent deportation part two. This is similar to type 1, but with a slight twist: the immigrant has an administrative order of removal rather than a final order of deportation. Generally, an immigrant is issued an administrative order through a process called “expedited removal”, where the government can deport a person without affording them the right of  judicial review. Many times, immigrants are expeditiously removed yet return to the United States a second or third time.

In this scenario, if an immigrant with an administrative order is detained by ICE or local authorities, their options to remain in the United States are very limited. If the immigrant claims he fears returning to his home country, ICE must give the immigrant an opportunity to explain his fear to an asylum officer.

The interview with the asylum officer is called a “reasonable fear interview”. If the asylum officer finds that the immigrant has a reasonable possibility of obtaining relief pursuant to withholding of removal or the convention against torture, the immigrant will be allowed to request relief before an immigration judge. It must be noted that the “reasonable fear” process can take several months and result in prolonged detention for the immigrant.

4. Imminent deportation at Port of Entry When an immigrant is caught by U.S. immigration officials at or near the border, the immigrant is placed into “expedited removal”, which, as explained earlier, allows the government to deport an immigrant without affording him/her the opportunity to ask for relief before an immigration judge. However, if an immigrant caught near the border expresses a fear of returning to their home country, they must be given an interview with an asylum officer. Unlike in part 3, this is called a “credible fear interview” and is a much speedier, and the immigrant has a lower burden of proof to prevail.

If the asylum officer finds a credible fear, the immigrant is issued a notice to appear in immigration court, where they can apply for asylum, withholding of removal, and protection under the Convention Against Torture. Usually, a bond is automatically set, although in a few circumstances the immigrant is issued an “Order of Release on Recognizance,” which does not require a bond payment.

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The above is not an exhaustive list of potential scenarios that an immigrant may face while detained by ICE. Given the severe time constraints and often complex legal issues at play, anyone who finds themselves, a friend, or family detained by ICE, they should immediately retain counsel to effectively explore their options to remain in the United States.

*Legally, “deportation” is now referred to as “removal”, though removal is still in effect the same thing as deportation.