Deportations

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A growing number of deported parents

Photo by Brian Auer/Flickr (Creative Commons)

A man in Playas de Tijuana, on the other side of the U.S.-Mexico border fence, September 2008

A post last week examined an attempt by some California lawmakers to keep the children of deported immigrants out of foster care, a growing problem as record deportations lead to more separated families. It briefly cited a new federal report on deported parents that had just begun trickling out to legislators.

The details of the report, now making the rounds, are impressive. During the period between January 1, 2011 and June 30, 2011, according to the report, U.S. Immigration and Customs Enforcement removed 46,486 immigrants from the country who claimed to be the parent of at least one U.S. citizen child.

The seven-page report to Congress is part of a federal response to lawmakers seeking more data from ICE on deported parents of U.S. citizen children. Interestingly, it cites a Homeland Security estimate from 2009 that tallied more than 100,000 parents of U.S. citizen children removed between 1998 and 2007. Spread out over several years, that’s a relatively low number in comparison. Since then, as deportations have increased, so naturally have the deportations of parents.

There are several charts, including one listing final orders of deportation obtained for the parents of U.S. citizen children by district (1,496 in Los Angeles over a six month period) and another of final deportation orders sought in that period for parents of U.S. children (39,918 nationwide).

The more than 46,000 removals of parents tracked in the first half of last year include not only formal deportations and removals (including voluntary departures), but expedited removals (which allow people to be removed without the decision of an immigration judge) and exclusions, a term that used to apply to a formal denial of entry, but is now applied to some removal proceedings.

Source: U.S. Immigration and Customs Enforcement

The emerging crisis as removals have hit record highs under the Obama administration is what to do with the children of the immigrants who are deported or detained. In a best-case scenario, a second parent will remain in the United States, preferably legally, or the children can at least stay with relatives. Other times, deported parents opt to take their U.S.-born children with them.

But when relatives can’t be located, or the parents are shuffled off quickly into the immigrant detention system, the kids can land in foster care. Once this happens, these immigrants can lose their parental rights, as detainees in custody are hard pressed to meet the requirements established by child welfare agencies, such as attending case meetings or court proceedings. If they don’t meet the terms within the timelines set, their parental rights can be terminated.

Last fall, the social justice magazine ColorLines reported that more than 5,000 children were in foster care following the detention or deportation of their immigrant parents.

Earlier this month in California, a state Senate committee voted in favor of a bill that would to help some immigrants in deportation hold onto their children through the process. Known as SB 1064, the bill proposes authorizing courts to extend the review hearing period in child welfare cases involving parents who are immigrant detainees, among other things. Were the bill to become law, it would be the first measure of its kind in the country.

The entire ICE report can be read here.

New report counts fewer criminal deportations; ICE calls analysis ‘misleading’

In October, the Obama administration released deportation statistics indicating that a majority of the record 396,906 people deported in fiscal year 2011, which ended Sept. 30, had criminal records. Nearly 55 percent were counted as being convicted of felonies or misdemeanors, with the percentage of criminal removals overall up 89 percent since 2008.

But the numbers in a new report based on immigration court records from Syracuse University’s Transactional Records Access Clearinghouse (TRAC) add up differently.

According to the TRAC analysis, of all the deportation proceedings initiated between July and September of this year in the nation’s immigration courts, only 13.8 involved individuals charged with having engaged in criminal activity. The analysis also counts fewer removals involving criminal charges this year, as opposed to fiscal year 2010.

Federal immigration officials, one of whom today called the analysis “wildly misleading,” attribute the difference to the accounting used. First, a table and excerpt from the TRAC report:

Screen shot from trac.syr.edu

 

 

 

 

 

 

 

Not only has ICE targeted relatively few criminals as the basis for seeking deportation in these court proceedings, but this proportion has been declining steadily throughout the past year: 15.8 percent were charged with engaging in criminal activity during the first quarter period (October – December 2010), 15.1 percent during the second quarter (January – March 2011), 14.9 percent during the third quarter (April – June 2011), and finally 13.8 percent during the fourth quarter (July – September 2011).

The average rate across the four quarters for FY 2011 was 14.9 percent.

Why the lower numbers? According to U.S. Immigration and Customs Enforcement, the report counts deportation proceedings in which individuals’ criminal records are taken into account. But many immigrants, particularly those who are in the country illegally (versus legal residents), are removed solely on administrative grounds of violating immigration rules, even when immigration authorities are aware there is a prior criminal record.

“TRAC’s report is wildly misleading” wrote ICE spokeswoman Gillian Christensen in an emailed statement. “When removing individuals who have been convicted of a crime and who have no lawful immigration status, like those who illegally cross our border or overstay their visa, ICE is not required to file charging documents in immigration court asserting criminal grounds of removal.”

TRAC maintains in the report that the court data casts doubt on the Obama administration’s assertion that it is effectively targeting criminals. As for “immigration only” charges in deportation proceedings, i.e. administrative removal charges, those account for 83.4 percent of the total in the report, up slightly for fiscal year 2011 over the previous year.

The data in the report is based on case-by-case immigration court records obtained through the Freedom of Information Act from the Executive Office for Immigration Review, which administers the immigration court system.