Napolitano Predicting Record Deportations

On October 5, 2011, Department of Homeland Security (DHS) Secretary Jane Napolitano wrote an Op-Ed piece for Politico about the enforcement of immigration laws.

Secretary Napolitano sought to respond to critics of immigration policy from both sides. In the editorial, she predicted that next year DHS will break records with the number of deportations from the United States but explained that "while the overall number of individuals removed will exceed prior years, the composition of that number will consist of more convicted criminals, recent border crossers and repeat immigration law violators than ever before."

The administration's focus on prioritizing which individuals should be deported with limited resources makes sense. However, her prediction that DHS will break records for deportations next year calls into questions the hope for those low-priority individuals who seek prosecutorial discretion. Rather, it seems more likely that DHS will see that "record" number of deportations for the coming year as a mandate from above or a quota. Unfortunately, the data can be easily massaged to make it look like DHS has really sharpened its focus on high-priority aliens. By lumping all criminal offenses together, DHS can crow about the removal of criminal aliens. Secretary Napolitano stated in her Op-Ed that "50 percent of immigrants removed from our country had been convicted of a criminal offense."

Such statistics don't delve into what percentage were deported for drug offenses or violent offenses and what percentage were deported after being pulled over for having a tail light out and then convicted of driving without a license because their international driver's license is only good for a short period here in the United States.

All crimes are not the same and we should remember this for the coming year when DHS produces statistics of record deportations of "criminal aliens."

Click here to see Secretary Napolitano's Op-Ed .

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Border Arrests Down

A southern Colorado television station reported yesterday that border patrol arrests along the U.S.-Mexico border are down for the fifth straight year. According to Homeland Security Secretary, Janet Napolitano, there has been a 17 percent drop in arrests between 2009 and 2010, due to increased enforcement along the border that is slowing illegal immigration. There are currently 20,500 border patrol agents stationed along the border, which is an all-time high.

To read the complete article, please visit http://www.kktv.com/news/headlines/Border_Arrests_Down_Seventeen_Percent_105251658.html

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Record High Deportations from U.S.

On October 6, 2010, Immigration and Customs Enforcement ("ICE") announced that it had deported more people in fiscal year 2010 than in any year in history. Department of Homeland Security Secretary Janet Napolitano and ICE Director John Morton announced that they had deported 392,000 people. According to ICE, more than 195,000 of the people deported had been convicted of some crime.

While those who see enforcement as the only important policy piece of our immigration system will likely be happy to see the record numbers, one has to wonder whether the immigration court staff is growing at an similar rate in order to ensure that all are afforded full and meaningful due process before being removed.

To see the ICE announcement, click here.

For a New York Times article on the record numbers, click here.

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Human Rights Watch Drafts Letter to Secretary Napolitano On Immigration Detainers

The international organization Human Rights Watch released a letter to DHS Secretary Janet Napolitano commenting on the new Immigration and Customs Enforcement ("ICE") draft detainer policy. The draft detainer policy was drafted with the goal of clarifying and standardizing the circumstances that should lead to ICE placing immigration detainers on foreign nationals held by local law enforcement agencies. While Human Rights Watch applauded DHS for its attempt to formalize a detainer policy, it pointed out that the current draft policy does not do enough to safeguard the rights of detained immigrants.

Importantly, the draft policy does not include any requirement that there be a clear legal basis for the issuance of a detainer and does not provide detainees with any grounds to challenge their custody under a detainer. Human Rights Watch also suggests that ICE implement data tracking systems on the duration of time individuals spend in the custody of local law enforcement due to ICE-issued detainers, how many people are held under detainer who are not ultimately served with a Notice to Appear, the underlying basis for detainers, and the immigration status of persons held under detainer (including how many U.S. Citizens are mistakenly held on detainers).

To read the complete letter to Secretary Napolitano, click here.

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The Blue Campaign Aims to Fight Human Trafficking

U.S. Immigration and Citizenship Services (USCIS) announced last Friday, July 23, 2010, that the Department of Homeland Security (DHS) Secretary, Janet Napolitano, launched the Blue Campaign, a DHS-wide program to fight human trafficking “through enhanced public awareness, victim assistance programs, and law enforcement training and initiatives.”

With the Blue Campaign, DHS hopes to prevent human trafficking, assist victims, and hold traffickers accountable, all by utilizing the diverse resources and expertise of the Department. The Blue Campaign will feature new training initiatives for law enforcement and DHS personnel, in addition to enhanced victim assistance efforts, including additional victim assistance specialists and specialized training for law enforcement personnel.

In an effort to educate citizens on how to identify and report indicators of human trafficking, DHS is launching public outreach tools, such as social media, multilingual public awareness campaigns, and a new website dedicated to the fight against human trafficking. To view this new website and access these tools, please visit www.dhs.gov/humantrafficking

To view this news release from USCIS, please visit http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=156a17716700a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

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