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:
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:
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.