Thread: Judges deny 63 percent of deportation requests

Published: Nov. 11, 2010
Updated: 10:35 a.m.

Report: Judges deny 63 percent of deportation requests

BY CINDY CARCAMO
THE ORANGE COUNTY REGISTER

Videos

Federal immigration judges in Los Angeles rejected 63 percent of deportation requests this year filed by Immigration and Customs Enforcement officials — the third highest number in the nation, according to a report by a data-gathering organization at Syracuse University.

One of the primary reasons for the rejections appears to be that judges found the government had no legitimate grounds for seeking a removal order, according to the report released Tuesday by the Transactional Records Access Clearinghouse. The Los Angeles Immigration Court serves Orange County, as well as other surrounding counties.

A new report shows that more than half of deportation cases presented by Immigration and Customs Enforcement officials are being refused by judges at Los Angeles Immigration Court, which handles Orange County cases.

The number of denials in Los Angeles has significantly increased in the last couple of years, peaking in Fiscal Year 2010, according to the report. That rejection rate is mirrored in large cities such as New York City, Portland, and Miami. Los Angeles ranks third for highest deportation denials.

The report suggests that some relatively new ICE programs, such as Secure Communities program may have attributed to the increase. Secure Communities shares fingerprint information of those arrested in local custody with immigration officials.

"Is it targeting the individuals for removal who in fact should be deported?" the report says about ICE.

ICE officials said in a written statement that the administration is still committed to prioritizing the arrest and removal efforts of those who are in the country illegally that pose a danger to public safety.

"It appears that the report fails to take into account many factors, including the fact that immigration courts are independently authorized to allow illegal aliens to remain in the United States," said the statement, released by ICE spokeswoman Virginia Kice.

The report comes a little more than a month after Department of Homeland Security Secretary Janet Napolitano announced a record number of immigration removals at a Washington, D.C., press conference. The agency has touted their new focus on deporting the "worse of worst" people in the country illegally.

"In 2010, ICE has removed more than 195,000 convicted criminals -- a record number," KICE said in the statement.

The report stated that in Los Angeles, 27 percent of the cases were turned down in 2010 because the court determined there were no grounds for removal of the person in question. About 29 percent were granted some sort of relief to remain in the country.

Two years ago, 43 percent of deportation requests presented by ICE officials in Los Angeles were denied by immigration judges. About 9 percent of the cases were turned down because the judge found no grounds for removal, according to the report.

The report raises questions as to exactly why there has been a rise in denied deportation requests. It doesn't attribute the court make up or policies as factors, stating that there have been very few changes to the makeup of the judges or Executive Office for Immigration Review policies.

Immigrant rights groups and policy advocates have called the federal agency's deportation statistics "misleading," stating that the agency is deporting people with minor criminal convictions and those who have been charged yet not convicted of crimes.

"This happens when you have programs like Secure Communities and the 287g programs where local police are responsible for identifying and arresting people and turning them over to ICE. They're basically casting a very wide net," said Michele Waslin, a senior policy analyst at the Immigration Policy Center, the pro-immigration, research and policy arm of the American Immigration Council.

"Now, it might be that these cases are going before a judge," she said.
The report's authors state that ICE officials may have the answers but have refused to disclose more extensive data to the public, making it difficult to track cases from their origins to disposition. This prevents the report from determining which particular initiatives may account for the sharp increase in ICE's turndown rate.

"The poor targeting of government removal efforts documented by the Immigration Court data shows that scarce resources such as the investigative time of ICE agents are being wasted and that the ability of the government to deport those who should be removed from the country therefore has been reduced," the report said. "Poor targeting that weakens the government is inefficient.''

Contact the writer: 714-796-7924 or ccarcamo@ocregister.com

http://www.ocregister.com/news/report-2 ... n-ice.html

"It appears that the report fails to take into account many factors, including the fact that immigration courts are independently authorized to allow illegal aliens to remain in the United States," said the statement, released by ICE spokeswoman Virginia Kice.

That has to be changed ASAP!

Originally Posted by Ratbstard

"It appears that the report fails to take into account many factors, including the fact that immigration courts are independently authorized to allow illegal aliens to remain in the United States," said the statement, released by ICE spokeswoman Virginia Kice.

That has to be changed ASAP!

Absolutely! "independently authorized" by whom or what??!! Immigration lawyers have bribed these judges. There needs to be a full and complete investigation into this crap. A deportation hearing should consist of nothing except verifying that a) the person is a US citizen or b) has permission from the US government to be here or c) they aren't a US citizen and have no permission to be here and are to be deported poste haste. Period.

Apparently, simply being illegal in this country is no longer grounds for deportation. That's exactly what's going on here! The illegal invaders and their advocates are being allowed to move the goal line and nobody in Congress is doing a damn thing about it.

Instead of it being I.C.E.'s fault that people aren't being deported it looks like the judges are the real culprits.
I.C.E. tries to deport them and the judges rule that they can't.

Originally Posted by JohnDoe2

Instead of it being I.C.E.'s fault that people aren't being deported it looks like the judges are the real culprits.
I.C.E. tries to deport them and the judges rule that they can't.

The Immigration Courts are administrative courts run out of the US Department of Justice, Executive Office Of Immigration Review as is the Immigration Appeal Court.

We need a full blown Congressional investigation of the US Justice Department. It is not what it is supposed to be when it releases 63% of the handful of illegal aliens ICE arrests, and sues Arizona for enforcing US immigration law.

Traitors in our midst.

Added to Homepage:
http://www.alipac.us/article-5835--0-0.html

What we have to do is replace the Democrats. We do not want Obama. We have to replace Obama in 2012. Obama is telling the judges to let illegal aliens stay here. And we have to find a way to remove those judges who do not listen to Americans. Americans want to enforce immigration laws. THe judges and the Democrats must be removed from office. THey are helping illegal aliens. And that we do not accept. Do not forget, we have to remove from the Congress Pelosi. We do not want her in Congress. She is another Democrat who helps illegal aliens.

No grounds for deportation? What the.... and these pos judges need to be removed from tax payer funded jobs. This is just too much. Jesus the enemies are these judges, politicians, and those that hire them. This has got to end.

Originally Posted by Judy

Originally Posted by JohnDoe2

Instead of it being I.C.E.'s fault that people aren't being deported it looks like the judges are the real culprits.
I.C.E. tries to deport them and the judges rule that they can't.

The Immigration Courts are administrative courts run out of the US Department of Justice, Executive Office Of Immigration Review as is the Immigration Appeal Court.

We need a full blown Congressional investigation of the US Justice Department. It is not what it is supposed to be when it releases 63% of the handful of illegal aliens ICE arrests, and sues Arizona for enforcing US immigration law.

Traitors in our midst.

Ditto!