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Yes, let's have another look at that last bit. The policy was, prior to Bush, focused on criminals and violators of deportation. Now it's just about numbers, despite orders handed down. But don't worry. They might get to those criminals eventually, if they run out of nonviolent migrants or drunk legal residents.Seeking to reverse a steep drop in deportations, U.S. immigration authorities have set controversial new quotas for agents. At the same time, officials have stepped back from an Obama administration commitment to focus enforcement efforts primarily on illegal immigrants who are dangerous or have violent criminal backgrounds.
The moves, outlined in internal documents and a recent e-mail by a senior U.S. Immigration and Customs Enforcement official to field directors nationwide, differ from pledges by ICE chief John T. Morton and his boss, Homeland Security Secretary Janet Napolitano, to focus enforcement on the most dangerous illegal immigrants. That approach represented a break from the mass factory raids and neighborhood sweeps the Bush administration used to drive up arrests.
In a Feb. 22 memo, James M. Chaparro, head of ICE detention and removal operations, wrote that, despite record deportations of criminals, the overall number of removals was down. While ICE was on pace to achieve "the Agency goal of 150,000 criminal alien removals" for the year ending Sept. 30, total deportations were set to barely top 310,000, "well under the Agency's goal of 400,000," and nearly 20 percent behind last year's total of 387,000, he wrote.
Beyond stating ICE enforcement goals in unusually explicit terms, Chaparro laid out how the agency would pump up the numbers: by increasing detention space to hold more illegal immigrants while they await deportation proceedings; by sweeping prisons and jails to find more candidates for deportation and offering early release to those willing to go quickly; and, most controversially, with a "surge" in efforts to catch illegal immigrants whose only violation was lying on immigration or visa applications or reentering the United States after being deported.
"These efforts must be sustained and will be closely monitored," Chaparro told field directors in the e-mail, which was obtained by the Center for Investigative Reporting and The Washington Post.
ICE spokesman Brian P. Hale distanced the agency from Chaparro's remarks, saying, "Portions of the memo were inconsistent with ICE, inconsistent with the administration's point of view and inconsistent with the secretary." He added that the agency has moved to "clarify" the situation.
Chaparro issued a new memo Friday stating that his earlier e-mail "signals no shift in the important steps we have taken to date to focus our priorities on the smart and effective enforcement of immigration laws, prioritizing dangerous criminal aliens . . . while also adhering to Congressional mandates to maintain an average daily [detention] population and meet annual performance measures."
In the new memo, Chaparro did not alter or rescind any of the strategies he had laid out.
An immigration official said deportations are falling mainly because the focus on criminals has added a complication: It takes an average of 45 days to deport criminals, compared with 11 days for non-criminals, creating a shortage of detention beds. The number of beds was also limited because costs were higher than Congress expected, the official said.
Deportations of convicted criminals climbed 19 percent in 2009 and are on pace to climb 40 percent this year, while deportations of non-criminal illegal immigrants fell 3 percent and are on pace to drop 33 percent this year, agency officials said.
Advocates on the right and left pounced on the memo and other ICE documents, saying they showed that the agency is being neither tough nor consistent in targeting the worst offenders.
"We cannot allow a preoccupation with criminal aliens to obscure other critical ICE missions," Rep. Harold Rogers (Ky.), the ranking Republican on the House Appropriations subcommittee for homeland security, said in a statement released by his office. "At best, it appears as though immigration enforcement is being shelved and the Administration is attempting to enact some sort of selective amnesty under the cover of 'prioritization.' "
"For ICE leadership, it's not about keeping the community safe. It's all about chasing this 400,000 number," said Chris Crane, spokesman for the American Federation of Government Employees Council 118, which represents ICE workers.
Since November, ICE field offices in Northern California, Dallas and Chicago have issued new evaluation standards and work plans for enforcement agents who remove illegal immigrants from jails and prisons. In some cases, for example, the field offices are requiring that agents process an average of 40 to 60 cases a month to earn "excellent" ratings.
Such standards present a problem, said one San Francisco area agent who spoke on the condition of anonymity to avoid reprisal. Instead of taking a day to prepare a case against a legal resident with multiple convictions for serious crimes, agents may choose to process a drunk driver or nonviolent offender who agrees to leave the country voluntarily, because it will take only hours.
The steps appear at odds with a statement made by Morton in August, when he told reporters ICE had ended quotas in a program to capture illegal immigrants violating court deportation orders.
"I just don't think that a law enforcement program should be based on a hard number that must be met," Morton said. "So we don't have quotas anymore."
Under the Bush administration, ICE officials in 2006 increased an annual quota from 125 to 1,000 arrests for each fugitive operations team. At the same time, the agency dropped its policy that agents focus on criminals and deportation violators.
Also, don't worry. None of them will get off on the simple fact they're mentally ill or disabled! Nope!
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But it's more important to meet your quota than worry about the idea they might not be safe if you just toss 'em away.For lawyers offering free legal information at large immigration detention centers in remote parts of Texas, the task is difficult enough: coaching hundreds of detainees on how to represent themselves at assembly-line deportation hearings. But the lawyers soon discover a more daunting problem: many detainees are too mentally ill or mentally disabled to understand anything.
The detainees, mostly apprehended in New York and other Northeastern cities, some right from mental hospitals, have often been moved to Texas without medication or medical records, far from relatives and mental health workers who know their histories. Their mental incompetence is routinely ignored by immigration judges and deportation officers, who are under pressure to handle rising caseloads and meet government quotas.
These are among the findings of a yearlong examination of the way the nation’s immigration detention system handles the mentally disabled in Texas, where 29 percent of all detainees are held while the government tries to deport them. The study, conducted by Texas Appleseed, a public interest law center, and Akin Gump, a corporate law firm, documents mistreatment at every stage of the process.
Among many examples in the 88-page report, to be released Tuesday, is that of a 50-year-old legal permanent resident with schizophrenia who had lived in New York City since 1974. In November, a New York criminal court declared him incompetent to stand trial on a trespassing charge and ordered him to serve 90 days in a mental institution. Instead, he was transferred to the Willacy County Regional Detention Facility in South Texas, to face a deportation proceeding without counsel — so abruptly, the report said, that his family and lawyer did not know what had happened.
At the detention center, he received no medication for weeks, and in March, he was deported to the Dominican Republic. “My mother is devastated,” his sister, Janet Jiminez, said on Sunday. “She says he will die out there on the streets.”
“I’ve been a U.S. citizen for many, many years,” Ms. Jiminez added. “If we have a law system and the law system has declared that you are incompetent and should be taken to a mental hospital, why are you taken to Texas to be deported?”
Immigration and Customs Enforcement, the report said, routinely ignores its discretionary authority to leave such detainees in community settings rather than lock them up, at great expense, in distant jails where they can rapidly deteriorate.
The agency is reviewing the report, a spokesman, Brian P. Hale, said Monday, adding that “in cases where ICE is required by law to detain certain aliens with serious medical and mental health issues, we work to ensure the person receives sound, appropriate and timely care.”
A recent government memorandum shows that agents are under intense pressure to increase detentions and deportations. In the memo, James M. Chaparro, the Obama administration’s chief of detention and removal operations, congratulated agents for reaching the agency’s goal of “150,000 criminal alien removals” for the year ending Sept. 30. But Mr. Chaparro urged them to overcome a shortfall in the goal of 400,000 deportations by making maximum use of detention slots, including an additional 3,000 this year.
Despite the administration’s vow to focus resources on detaining and deporting the most dangerous criminals, the Feb. 22 memorandum, posted online Saturday by The Washington Post, instructed agents to pick up the pace of deportations by detaining more noncitizens suspected only of unauthorized residence. Such illegal immigrants can typically be deported more quickly than legal immigrants with criminal convictions.
The publication of the memo clearly embarrassed the administration. A spokesman, Sean Smith, said that “our focus continues to be on the criminal side,” and that Mr. Chaparro was reprimanded Monday by John Morton, the chief of the immigration enforcement agency, at a meeting with immigrant advocates. The memo, Mr. Smith added, was sent without Mr. Morton’s approval and “is completely unrelated” to the findings of the study.
Ann Baddour, who directed the study, disagreed. “Setting these kinds of quotas only encourages the process of detaining people and taking them far from their infrastructure,” she said. “When you take a mentally ill person from New York to rural Texas, you’re basically setting them up for almost certain deportation.”
Another example in the report is that of a Haitian man found incompetent to stand trial in an assault case and sent to a state mental hospital in Boston. The day he arrived, however, immigration agents sent him in shackles and without medical records to the Port Isabel Detention Center near Los Fresnos, Tex.
In that case, the man was eventually returned to the Boston hospital, said Maunica Sthanki, a lawyer involved in the study. More typical, she said, is the mentally disabled refugee from Southeast Asia who was wrongly taken into custody in Providence, R.I., sent to Texas, then abruptly released without notice at a rural gas station at 11 p.m.
The report details several such releases: a schizophrenic woman who spoke only Russian, left in a dangerous area at 1 a.m.; a man lost for a week on his way back from Texas to his family in Maryland; a delusional man who was deported four days earlier than planned, though his parents had arranged for his voluntary departure to Mexico, where his mother was to pick him up.
Two years later, the man has not been found, but a body matching his description is in a morgue in Mexico.
However, all these good moves in keeping dirty foreigners out on whatever means necessary, to have pretty and high numbers to shine, and ease of tracking, does not impress the Office Of The Inspecter General of the DHS! They have the GALL to write a report pointing out that the program where local law enforcement is deputized to do INS jobs. Link to the report.
How inconsiderate, complaining that they need to maintain records or prioritize on violent offenses!