Immigration Task Force
ISSUE BRIEF:
Interior Immigration Enforcement by the Numbers MAY 2013 Opinions on the extent to which the United States enforces immigration laws vary dramatically. Some contend that enforcement is already extremely tough, while others contend that the government fails to enforce immigration law. Rarely are these claims backed by more than one or two statistics. Based on a long series of Freedom of Information Act requests, the Transactional Record Access Clearinghouse (TRAC) keeps records of immigration enforcement statistics. Their numbers paint a more nuanced picture than either side’s advocates but leave major holes that available data appear unable to fill.
Removals (Deportations) The common claim that the Obama administration deports unauthorized immigrants in record numbers is true. Figure 1 reports the total number of removals each fiscal year between 1980 and 2011. The Department of Homeland Security (DHS) defines a removal as “the compulsory and confirmed movement of an inadmissible or deportable alien out of the United States based on an order of removal.” These numbers do not include individuals that were “turned back” at the border—only individuals who went through either an administrative or judicial removal process.
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393,457
385,100
391,953
2010
2011
359,795
2009
246,431
280,974
240,665
2005
189,026 2001
211,098
188,467
165,168
183,114
2000
50,924 1995
174,813
45,674 1994
69,680
43,671
42,542 1993
33,189
25,829 1988
1992
24,336 1987
1991
24,592 1986
34,427
23,105 1985
30,039
19,211
18,696 1984
15,216
1983
1982
50,000
18,013
100,000
17,379
150,000
1990
200,000
114,432
250,000
1999
300,000
1998
350,000
2004
400,000
1981
Number of Deportations
450,000
319,382
Figure 1. Number of alien removals, FY1980–2011
2008
2007
2006
2003
2002
1997
1996
1989
1980
0
Source: Department of Homeland Security, Yearbook of Immigration Statistics, 2011.
It is important to note, however, that looking at only the number of deportations can be misleading. The number of new removals ordered in immigration court has dropped each year that President Obama has been in office, as has the number of deportation proceedings.
49,462
102,727
129,458
157,432
100,000
137,756
154,897
145,144
126,883
114,630
108,728
108,728
106,739
150,000
120,005
Number of Cases
200,000
137,305
250,000
198,949
198,137
Figure 2. Number of removals ordered in immigration courts, FY1998–2013
50,000
-
Source: TRAC. * FY2013 figures include only October through April.
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100,000
239,031
211,173
246,996
225,402
228,795
213,867
285,933 195,669
179,597
175,904
163,996
200,215
188,938
190,114
159,082
160,683
89,833
150,000
130,588
200,000
117,788
250,000
89,944
Number of Cases
300,000
204,717
350,000
231,603
Figure 3. Number of deportation proceedings in immigration courts, FY1992–2013
50,000 -
Source: TRAC. * FY2013 figures include only October through April.
Like the total number of deportations, court actions do not tell the whole story. This is because not all deportations are a result of immigration court cases. Table 1 suggests that a large and increasing share of deportations occur without ever going to immigration court. TRAC advances two potential reasons for this, but explains that data are not sufficient to parse between them: 1. Reinstated orders. Already-deported immigrants who reenter the country illegally do not get a new deportation order, but they are deported again. In May 2012, 34.7 percent of all deportations were reinstated orders. 2. Administrative removals. Not all types of deportation require a hearing. For example, immigrants previously convicted of aggravated felonies may be removed administratively. Removals that never reach court still count as deportations, but do not appear in statistics about immigration courts. *
Incomplete data. Elsewhere, TRAC has alleged that Immigration and Customs Enforcement (ICE) does not release sufficient data to resolve some perceived data inconsistencies.
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Table 1. Immigration court orders versus actual deportations, FY2010–2012 MONTHLY AVERAGE
FISCAL YEAR
COURT DEPORTATION ORDERS
ACTUAL DEPORTATIONS
RATIO
2012 (Oct.–May)
11,339
34,321
33%
2011
13,313
33,076
40%
2010
13,764
32,739
42%
Source: TRAC.
Among those deportation cases that do reach immigration court, the share that end in an allowance to stay in the United States has risen dramatically (Figure 4). This rapid increase may be due in part to President Obama’s deferred action program, which allows “DREAMers” (unauthorized immigrants brought to the United States as children) to avoid deportation. Additionally, if the government is deporting more immigrants administratively, it could follow that individuals who reach immigration court now tend to have less serious criminal backgrounds. Data presented later (Figure 6) suggest that this is plausible.
45.1
Figure 4. Percent of deportation cases ending in allowance to stay in the United States, FY1998–2013 50 37.4
45
20
29.8
29.4 23.8
24.3
27.5 23
25.4
25.1
26
25.1 19.5
25
25.6
30
30.1
35
25.7
Percent of Cases
40
15 10 5 0
Source: TRAC. * FY2013 figures include only October through April.
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Spending Money provides another measure of the U.S. government’s commitment to interior enforcement. ICE is the principal DHS office responsible for interior enforcement of U.S. immigration law. Its budget increased rapidly since 2005, but it has dropped slightly since the recession began having major budget impacts in FY2009.
$4
$5.74
$5.86
$5.80
$5.93
$5.74
$4.73
$5
$4.21
$6
$3.56
Total Budget (Billions of Dollars)
$7
$5.58
Figure 5. ICE budget, FY2005–2013
$3 $2 $1 $0 2005 2006 2007 2008 2009 2010 2011 2012 2013
Source: TRAC (2005–2010), DHS (2011–2012), CRS (2013) Note: 2005–2010 figures represent total expenditures. 2011–2012 represent enacted budget. 2013 represents pre-sequester enacted budget.
Criminal Activity The extent to which the government deports immigrants accused of crimes (other than entering or remaining in the United States without authorization) often rises to prominence in the immigration debate. Since 2008, the share of deportation orders sought in immigration court due to criminal activity has fallen. As explained above, however, many immigrants who have been found guilty of aggravated felonies are deported without ever going to immigration court. Notably, the data below only represent situations in which ICE cites criminal activity as a basis for deportation. For some immigrants with criminal histories, ICE may choose to cite other reasons in its pursuit of deportation. According to TRAC, ICE has stated that it “cannot reliably identify” the total number of cases in which the immigrant had a criminal history. As with the issue of deportation proceedings above, the available data are not equipped to answer all questions.
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14.47%
14.41%
15.37%
15.41%
16.00%
15.30%
16.18%
17.49%
17.30%
16.28%
15.89%
15.91%
15.52%
14.35%
Percent of Cases
16%
15.07%
18%
15.00%
20%
17.48%
Figure 6. Deportation orders sought in immigration court based on alleged criminal activity, January 2008–March 2012
14% 12%
10% 8% 6% 4% 2% 0%
Source: TRAC. * Preliminary counts.
A more detailed version of Figure 6 is available here. Similarly, the number of criminal prosecutions from Customs and Border Protection (CBP) and ICE referrals has fallen in recent years. The table below displays the number of criminal prosecutions over the previous 12 months.
Table 2. Trend in criminal prosecutions from referrals to CBP and ICE, January 2009–August 2012 (previous 12 months) PERCENT CHANGE OVER PREVIOUS 12 MONTHS
CBP
ICE
TOTAL
Jan. 2009
79,495
18,466
97,961
Aug. 2009
79,513
19,034
98,547
0.60%
Aug. 2010
73,100
19,514
92,614
-6.02%
Aug. 2011
69,150
20,989
90,139
-2.67%
Aug. 2012
63,701
17,795
81,496
-9.59%
Source: TRAC.
In ICE detention centers, the majority of immigrants have a criminal conviction. Table 3 displays the top-ten most serious convictions for those with a criminal conviction, and the source table displays the most serious conviction for all those who were in in ICE detention centers as of October 2011.
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Table 3. Most serious charge for ICE detainees by frequency, October 2011 NUMBER
PERCENT
Total
32,298
No Criminal Conviction Recorded
13,185
40.8%
Criminal Conviction Recorded
19,113
59.2%
RANK
MOST SERIOUS CHARGE FOR THOSE WITH CRIMINAL CONVICTION(S)
NUMBER
PERCENT
1
Driving Under Influence, Liquor
2,580
13.5%
2
Traffic Offense
1,344
7.0%
3
Marijuana, Possession
1,038
5.4%
4
Cocaine, Possession
979
5.1%
5
Dangerous Drugs
909
4.8%
6
Assault
888
4.6%
7
Larceny
735
3.8%
8
Cocaine, Sell
556
2.9%
9
Illegal Entry (INA SEC.101(a)(43)(O), 8USC1325 only)
528
2.8%
10
Robbery
488
2.6%
Source: TRAC.
Court Backlog S. 744, the current immigration proposal, mandates the appointment of additional immigration judges. This could help clear the large and growing backlog in immigration courts. This backlog could be part of ICE’s motivation for bypassing immigration courts at a higher rate (presuming, as data suggest, that the agency is actually doing so). Between 1998 and 2013, the backlog of cases in immigration courts increased by more than 150 percent. The increase may be partly attributable to Operation Streamline, which began in December 2005 in the Del Rio Border Patrol Sector. The operation requires that “all prosecutable aliens, regardless of nationality, apprehended within the geographic boundaries be prosecuted.” Since that time, Border Patrol has initiated several similar operations across the southwest border, and the number of pending cases has nearly doubled.
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150,000
186,108
174,935
168,827
184,211
167,543
169,598
166,061
149,338
125,734
200,000
129,505
250,000
123,061
Number of Cases
300,000
223,809
330,533
325,044
297,551
350,000
262,799
Figure 7. Number of pending cases in immigration courts, FY1998–2013
100,000 50,000 -
Source: TRAC. * FY2013 figures as of April 2013.
During the same period, the average processing time for immigration courts increased by nearly 175 percent.
Figure 8. Immigration court processing time for all types of charges 504
600
283
234
231
243
228
228
283
282
250
234
311
404 200
238
300
225
400
184
Number of Days
500
100 0
Source: TRAC. * FY2013 figures include only October through April.
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An Incomplete Picture As noted above, deportations and ICE funding have hit record numbers in recent years. On its face, this suggests that immigration enforcement has increased as well. However, court activity around deportations has fallen, and unauthorized immigrants who reach immigration court now stand a much better chance of being allowed to stay in the United States. Unfortunately, ICE has not released data that fully explain how these trends fit together. Data suggest that the Obama administration’s use of immigration courts in deportation proceedings is declining. However, it is unclear how much of this is due to the deportation of previously deported individuals, to the increased use of administrative proceedings, or to some other factors. In turn, this makes it difficult to determine how heavily ICE emphasizes the deportation of criminals. TRAC, which has endeavored to make these data public for years, has issued strongly worded rebukes of the quality and quantity of data that ICE maintains and provides. It is certain that the Obama administration has deported unauthorized immigrants in record numbers and that immigration courts have become much more likely to allow immigrants to stay in the United States. The largest take away, though, may be that the available information makes interior enforcement difficult to assess.
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