The Rag Blog
Two research projects released last week confirm what we already knew about the aggressive arrest and deportation practices of Immigrations and Customs Enforcement (ICE).
“ICE is out of touch with well-established norms in law enforcement, and its approach to fugitive aliens is inefficient and costly,” write the authors of Collateral Damage: An Examination of ICE’s Fugitive Operations Program (FOP).
The report by Migration Policy Institute researchers Margot Mendelson, Shayna Strom, and Michael Wishnie released on Feb. 4, 2009, examined the profiles of people rounded up by the federal enforcers. Mostly, the targets were not criminal fugitives.
As total arrests escalated from 1,900 in 2003 to 30,407 in 2007, the percentage of “criminal” and “dangerous” fell from a high of 39 percent in 2004 to only nine percent in 2007.
Meanwhile, the percentage of “ordinary status violators, without removal orders, whose cases had not been heard by an immigration judge” jumped from 18 percent in 2003 to 40 percent in 2007. Fugitive aliens with no criminal convictions made up 41 percent to 51 percent of the targets.
Released on the same day with the research report were a series of memos obtained under Freedom of Information Act by Cardozo Law School scholars under the direction of Professor Peter L. Markowitz.
The memos gradually change the operating objectives of the arrest teams:
- A January 2004 memo calls for 75 percent of the arrests to involve “criminal aliens.”
- A January 2006 memo overrules the 75 percent quota and instead sets a minimum arrest quota of 1,000 “fugitive apprehensions” per arrest team per year.
- A September 2006 memo changes the language to 1,000 “arrests” per year per team.
As a result of the shifting priorities, “the arrest of an unauthorized mother who has no criminal history or outstanding removal order counts as much as the arrest of a fugitive alien who deliberately disregarded his removal order and who poses a serious risk to national security.”
In addition, the report notes that most orders for removal may be issued in absentia.
“While some cases no doubt involve an intentional absence, in many other cases the person has never received the hearing notice or is unaware of a resulting removal order for a number of common reasons” including errors by the federal bureaucracy.
Of course, the program has been vastly successful as a spending ticket. The business of rounding up fairly harmless and in many cases hard-working, law-abiding immigrants has grown from a $12.6 million enterprise in 2003 to $218.9 million in 2007.
While the report recommends more training and stricter oversight, we say cut the budget by 90 percent. If the feds are using the money to round up people who turn out to be nine percent “criminal” and “dangerous”, then clearly they are wasting 90 percent of our money and 100 percent of thousands of peoples’ time.–gm