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Posts tagged ‘TRAC’

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.

Report: Obama Misrepresenting Deportation Statistics

A report by TRAC released on December 5, 2011 reveals that the Obama Administration has been blatantly misrepresenting deportation statistics in an effort to minimize the ugly fact that he is deporting non criminals in record numbers. The statistics were obtained through a FOIA request made to the Department of Justice (DOJ), a government agency that is separate from the Department of Homeland Security. (DHS)

In deportation proceedings initiated during July-September 2011 by the Immigration and Customs Enforcement (ICE) in the nation’s 50 plus immigration Courts, only 7,378 individuals–just 13.8 percent of the total–were charged with having engaged in criminal activities. Of those targeted, the proportion of alleged “criminals” is down significantly from the already low level of 16.5 percent during FY2010.

This report demands questions of the Obama administration’s representations on immigration enforcement. In fact, Obama even felt it necessary to have Cecilia Munoz pen an article with the title: “In the Debate Over Immigration and Deportation, the Facts Matter.” In that article, the following statistics were provided:

  • There was a greater than 70% increase in the deportation of those with criminal records from FY2008 to FY2010, and a decrease of those without criminal records.
  • Today more than half of all removals are people with criminal records.
  • And among those removed who had no criminal records, more than two thirds were either apprehended as they crossed the border, were recent arrivals, or were repeat violators of immigration law, meaning that they had previously been deported.

Yet curiously DHS  has refused to provide the same records that DOJ just released. Trac explains:

TRAC’s findings appear to contrast sharply with the White House’s announcementthat: “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.” The findings also are hard to reconcile with ICE’s recent press statements that claimed that during the past year the agency had targeted a large and increasing number of convicted criminals for deportation.

Unfortunately, while the agency could easily clear up these apparent discrepancies it has chosen not to do so. Indeed, for twenty months, in clear violation of public disclosure laws, ICE has persisted in withholding from TRAC the case-by-case data TRAC requested under FOIA that the agency maintains on these same court proceedings — information precisely parallel to what the Department of Justice already determined must be released to the public from its own files. DHS and other government offices have failed to rectify this matter despite TRAC’s appeals to DHS’s Director of Disclosure and FOIA Operations, as well as to the Office of Government Information Services (OGIS). (emphasis added)

The records ICE is withholding would show just which ICE programs — such as Secure Communities or others — have contributed to fewer alleged criminals being targeted for deportation in court proceedings. The data would also allow the public to judge whether ICE’s actual activities match ICE’s announced policies to target serious criminals, and those who pose threats to public safety, as well as to better monitor how the agency exercises prosecutorial discretion in whom it seeks to deport.

In addition, TRAC contacted ICE’s Public Relations office on November 7, 2011 asking for explanations of the figures given in the agency’s October 18, 2011 press releasethat claimed the agency’s FY 2011 accomplishments closely matched announced ICE priorities. At a meeting with ICE officials November 10, the agency promised to promptly provide answers to a series of TRAC questions that asked for details backing up the agency’s claims. Again and again, however, the promised answers did not materialize. ICE’s Public Affairs office continues to say the promised answers will be forthcoming.

Regardless of whether one is an advocate for comprehensive immigration reform, the stark discreprancies between what this report shows and what the Obama administration says should be of concern to everyone.

For example, is the administration overtly lying to the American public? Does ICE really  prioritize deportations, or do they randomly deport whomever may come across their path? The hard facts–those revealed from Department of Justice Records rather than the voice of bureaucrat–suggest the worst: the administration is lying to the public and simply deporting as many people as it can, irrespective of their own purported rationale for focusing resources on the biggest and baddest illegals.