Immigration


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Posted 7/1/19, edited 7/13/19

CAN YOU “ENFORCE” WITHOUT “FORCE”?

Decriminalizing illegal immigration would have serious consequences

     For Police Issues by Julius (Jay) Wachtel. Given a belt-busting load of twenty candidates and only four hours air time, we didn’t expect that the Democratic debates of June 26 and 27 would dive into crime and justice in any depth. And for the most part we weren’t surprised. What’s more, the “arguments” that did take place seemed so fine-tuned to avoid offending ideological sensibilities – in this case, of the “blue” persuasion – that we were unsure whether the owners of those lips knew that should their quest prove successful they would be Constitutionally bound to faithfully execute the laws that already exist.

     That takes us to immigration. (We’ll be referring to debate transcripts published by the New York Times. Click here for a transcript of the first debate and here for the second.) Title 8, U.S.C., Sec. 1325, “improper entry by alien,” makes it a crime to sneak in. First offenders can draw six months in prison, and repeaters can get two years. That’s essentially how the law has read since 1950, when its text used the terms “misdemeanor” and “felony” to distinguish between penalties.

Click here for the complete collection of immigration essays

     In all, the debaters seemed opposed to treating illegal entry as a crime. During the first round, former H.U.D. Secretary Julián Castro advanced perhaps the most extreme view. First, he called for repealing section 1325 and making immigration a strictly civil matter. While that drew nearly unanimous approval – Senator Cory Booker, Newark’s former mayor, promptly interjected “I already have” – Castro cranked it up by explicitly calling for the Government to establish pathways to citizenship for potentially “millions” of otherwise law-abiding illegal immigrants already in the U.S. And as a back-handed concession to worry-warts, Castro also championed a new “Marshall plan” that would enable citizens of Central American countries to “find safety and opportunity” – meaning, of the economic kind – “at home instead of coming to the United States to seek it.”

     That’s a bold approach, and not everyone was sold. Instead, most of his colleagues tried to navigate around cost and ideology by specifically tailoring their remarks to families escaping violence. Among them was former Representative Beto O’Rourke. Even then, he apparently felt compelled to address the expense of admitting immigrants fleeing “the deadliest countries on the face of the planet” by suggesting that potentially impacted communities adopt his supposedly cost-effective “family case management” approach.

     Of course, laying out a welcome mat has all kinds of consequences. When it became obvious that the debaters were avoiding a key issue, NBC moderator Savannah Guthrie stepped in. Here are brief extracts from her tangles with Senator Amy Klobuchar and Representative Tim Ryan:

    GUTHRIE: He [Castro] wants to no longer have it be a crime to illegally cross the border. Do you support that? Do you think it should be a civil offense only? And if so, do you worry about potentially incentivizing people to come here?

    KLOBUCHAR: Immigrants, they do not diminish America. They are in America and I am happy to look at his proposal but I do think you want to make sure that you have provisions in place that allow you to go after traffickers and allow you to go after people who are violating the law. What I really think we need to step back and talk about is the economic imperative here and that is that seventy of our Fortune five hundred companies are headed up by people that came from other countries….

    GUTHRIE: Congressman Ryan, same question. Should it be a crime to illegally cross the border or should it be a civil offense only?

    RYAN: Well I—I agree with Secretary Castro. I think there are other provisions in the law that will allow you to prosecute people for coming over here if they are dealing in drugs and other things. That is already established in the law. So there is no need to repeat it and I think it’s a bore it we are talking about this father who got killed with his daughter and the issues here….

     Guthrie soon gave up trying to get a direct answer. On the next evening, NBC anchor Jose Diaz-Balart brought up decriminalization:

    DIAZ-BALART: If—if you would be so kind raise your hand if you think it should be a civil offense rather than a crime to cross the border without documentation? Can we keep the hands up so we can see them?

According to the New York Times, eight candidates put up their hands, while a ninth, former V.P. Joe Biden, “raised a finger.” During follow-up questions, all, including Biden, focused on their humanitarian obligation to help families fleeing violence and disorder:

    BIDEN: The first thing I would do is unite families. I would surge immediately billions of dollars’ worth of help to the region the immediately…second thing we have to do, the law now requires the reuniting of those families. We would reunite those families period and if not we would put those children in a circumstance where they were safe until we could find their parents….

Here’s a bit of what Senator Bernie Sanders had to say:

    SANDERS: …picking up on the point that Joe made, we got a look at the root causes. And you have a situation where Honduras, among other things, is a failing state, massive corruption. You got gangs who are telling families that if a 10-year-old does not join their gang, their family is going to be killed….

And here’s an extract from Representative Eric Swalwell’s reply:

    SWALWELL: Day one for me, families are reunited. This president, though, for immigrants, there is nothing he will not do two separate a family, cage a child, or erase their existence by weaponizing the census. And there is nothing that we cannot do in the courts and that I will not do as president to reverse that and to make sure that families always belong together….

     No one ventured into dangerous turf. And they really didn’t have to. Unlike his more probing colleague, Diaz-Balart didn’t probe the possible effects of creating incentives. Needless to say, none of the guests volunteered.

     One might think that for those, like Border Patrol agents, who must personally deal with the problem, creating incentives that generate even more illegal crossings might be the last straw. But it gets worse. Much worse. Should illegal immigration be decriminalized the issue of incentives would take a back seat to a more fundamental concern. As every border agent – indeed, as all cops well know – physical force is an intrinsic aspect of catching those who run away. But your blogger, who’s been there a few times, knows of no legal or procedural precedent that authorizes forcefully detaining someone who is neither a criminal suspect nor dangerously mentally ill. Given current controversies, allowing, let alone encouraging the use of force when no crime has been committed and no one is at risk of physical harm seems a non-starter. Indeed, it would likely require a new body of law.

     Bottom line: should section 1325 be repealed and illegal immigration ceases being a crime, all that Border Patrol agents will be able to do is beg for compliance. Well, good luck with that. Trump’s walls would have to go up. (Good luck with that, too.) There is one possible workaround. Section 1325 includes a provision that prohibits eluding “examination or inspection by immigration officers.” If that aspect remains a crime, illegal entry might be compared to, say, traffic enforcement. Doing forty in a twenty-five mile an hour zone isn’t a criminal offense. But if you don’t stop for the cop, the running away is. (It’s not a perfect analogy, as the high speeds and dangerous maneuvers intrinsic to getting away are crimes. But it’s as close as we can get.)

     And there’s yet another vexing issue. Even the staunchest anti-immigration types concede that most illegal immigrants aren’t criminals but are fleeing poverty and violence. Yet as we’ve pointed out, good intentions can’t always make up for a lack of income, skills and education:

    Imprisonment data reveals that third-generation Hispanic males are more than twice as likely to be incarcerated as non-Hispanic whites. Why is that? Many illegal immigrants are unskilled, poorly educated and reside in poverty-stricken, crime-ridden areas. This might expose their descendants to role models and behaviors that the grandchildren of legal migrants can’t begin to imagine.

America’s crime-ridden inner cities offer a uniquely poor landing spot. Yet where else would the immigrants whom the panelists are so eager to welcome go? We might be more upbeat had our President followed through on his campaign promise to invest in and revitalize our poverty-stricken urban areas. But, gee, he didn’t. So until that “New Deal” really happens (we’re not holding our breath) encouraging immigrants to flee their own troubled neighborhoods to find relief in America seems at best a false promise, and at worst, foolish.

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     But don’t take that from your blogger. Take it from a long-retired Fed who got (legally) dragged from South America to the U.S. when he was ten. His name – which he’s sorry to have changed – was “Julio.” Oops, that’s me! Oh, well…

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Ideology Trumps Reason     Sanctuary Cities, Sanctuary States I     Is Trump Right?

Immigration (special topic)


Posted 1/14/19

WHEN WALLS COLLIDE

Ideological quarrels drown out straight talk about border security

BollardPedDamaged

     For Police Issues by Julius (Jay) Wachtel. Before moving on, try to identify the authors of these quotes. Click on the links to check your answers. If you’re right, you get bragging rights! And if not, don’t fret. You’ll be in great company.

    “I voted numerous times when I was a senator to spend money to build a barrier to try to prevent illegal immigrants from coming in. And I do think you have to control your borders.” (article  video)

    “We simply cannot allow people to pour into the United States undetected, undocumented, unchecked, and circumventing the line of people who are waiting patiently, diligently, and lawfully to become immigrants in this country.” (article  fact-check)

     Were you surprised? So was your blogger. Yet when it comes to immigration and its control, the tenor of these times is decidedly different. On January 20, 2017, President Trump issued Executive Order 13767, directing the Department of Homeland Security (DHS) to “take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border.”

Click here for the complete collection of immigration essays

     Two years later, having run smack dab into another wall (a Democratic House), the President’s “five-billion dollar” dream remains unfunded, hobbling the Government and leaving reasoned discussion about border security for another day. But like our hero Sergeant Joe Friday, Police Issues is all about the facts. So, what are they?

     According to historical U.S. Border Patrol data there has been a decades-long increase in illegal crossing along the southwest border. In 1960 arrests totaled 21,022. After a protracted climb, apprehensions peaked at 1,615,844 in 1986 and at 1,643,679 in 2000. Counts have since dropped to the levels of the early 70s, with 303,916 apprehensions in 2017 and 396,579 in 2018.

     Arrests, of course, represent only a fraction of unauthorized entries. A comprehensive February 2017 report by Congress’ General Accounting Office (this essay’s main data source) estimates that during FY 2013-2015 (October 1, 2012 - September 30, 2015) more than one million persons illegally entered the U.S. through the southwest border.

     Physical security has not been ignored. A 1996 law ordered the installation of fencing in areas highly impacted by illegal entry, including a “triple-layer fence” near San Diego. Subsequent amendments upped the game so that by 2015 miles of fencing along the southwest border had increased more than five-fold. Its quality was also enhanced, with pedestrian (left photo) and vehicle barriers (right photo)

Walls


transitioning to a hardy “bollard” style made up of closely spaced, large-diameter vertical posts. Our nearly 2,000 mile long southwest border (696 miles land and 1295 miles of river) is now secured by 354 miles of primary pedestrian fencing, 82 percent (290 miles) of bollard design, and by 300 miles of primary vehicle fencing (225 miles of a more impervious, modern design.)

     During FY 2007-2015 $2.3 billion was spent to improve and extend barriers. Routine maintenance came in at about $450 million. With average costs of $6.5 million per mile for primary pedestrian fencing and $1.8 million per mile for primary vehicular barriers, the enhancements didn’t come cheap. For example, replacing 14.1 miles of legacy pedestrian fencing with bollard-style in Tucson and Yuma cost $68 million, or $4.9 million per mile. Other recent projects include $13.4 million to replace 1.4 miles of pedestrian fencing in New Mexico and $45 million for a similar 7.5 mile project in Naco, Arizona.

     What was the payoff? According to Customs and Border Protection (CBP), an agency of the Department of Homeland Security (DHS), bollard-style fencing is pricey but superior, keeping illegal immigrants from gaining ready access to populated areas and forcing the more determined to travel to remote, unguarded locations where they cannot quickly blend in. CBP recorded nine-thousand-plus breaches of pedestrian fencing during 2010-2015, with legacy barriers suffering nearly six times as many incursions per mile (82 v. 14) as their bollard counterparts. In Nogales, bollard fencing reportedly reduced assaults on agents by 81 percent, while bollard-style vehicle barriers slashed “drive-throughs” in Tucson by 73 percent. Many “degraded” sections of pedestrian and vehicle fencing remain to be addressed.

     Even the most modern barriers, though, aren’t foolproof. Bollard fences can be climbed and, as illustrated by the photograph at the top, forcibly breached. That’s where the President’s obsession comes in. A solid, sturdy wall that prevents drive-overs and drive-throughs, is of sufficient height to discourage climbing and rock-throwing, and has a foundation that obstructs ready tunneling, would be by far the most effective. Still, even those who disagree with Speaker Pelosi (she said a wall would be “immoral”) might find its prison-like ambience off-putting. And the cost of building a continuous wall, and doing it right, would be astronomical. Five billion seems just a down payment.

     But we’re ahead of ourselves. If Congress’ number-crunchers have anything to say about it, the wall’s prospects are dim for another reason. You see, the document we’ve been filching from is entitled “SOUTHWEST BORDER SECURITY: Additional Actions Needed to Better Assess Fencing's Contributions to Operations and Provide Guidance for Identifying Capability Gaps.” Before passing judgment, the GAO’s nitpickers are demanding the facts, just like Sergeant Joe. Here’s an extract from their ultimately disparaging assessment:

    CBP has not developed metrics that systematically use these, among other data it collects, to assess the contributions of border fencing to its mission. For example, CBP could potentially use these data to determine the extent to which border fencing diverts illegal entrants into more rural and remote environments, and border fencing’s impact, if any, on apprehension rates over time. Developing metrics to assess the contributions of fencing to border security operations could better position CBP to make resource allocation decisions with the best information available to inform competing mission priorities and investments.

Bottom line: tell us how many illegal border-crossings your proposals would prevent, and we’ll decide if it’s worth it.

     A copy of Homeland Security’s response appears on pp. 67-68 of the GAO report. Echoing its antagonist’s often impenetrable verse, DHS promises to supply appropriate “metrics” by March 31, 2018.  Well, that date came and went. Then in July 2018 the GAO issued a second report. It’s entitled “SOUTHWEST BORDER SECURITY: CBP Is Evaluating Designs and Locations for Border Barriers but Is Proceeding Without Key Information.” Its assessment focused on a request to expend $1.6 billion in the 2019 fiscal year to build 65 miles of wall in Rio Grande Valley (page 11.) However, in GAO’s not-so-humble opinion, the “metrics” still didn’t – no pun intended – measure up:

    DHS plans to spend billions of dollars developing and deploying new barriers along the southwest border. However, by proceeding without key information on cost, acquisition baselines, and the contributions of previous barrier and technology deployments, DHS faces an increased risk that the Border Wall System Program will cost more than projected, take longer than planned, or not fully perform as expected. Without assessing costs when prioritizing locations for future barriers, CBP does not have complete information to determine whether it is using its limited resources in the most cost-effective manner and does not have important cost information that would help it develop future budget requests.

     These comments might seem perfectly reasonable, but in the context of law enforcement – that, after all, is what CBP does – our nation’s auditors are asking for an awful lot. Measurement is simple and arguably accurate when variables are readily quantifiable; say, profit and loss in business, crimes committed and cleared by arrest in everyday policing. But demanding that DHS produce a cost-benefit analysis for each border-hardening proposal would require it to attach numbers – accurate numbers, not just guesses – to the illegal crossings and, even more importantly, other crimes the expenditures would prevent. That seems a bit much. After all, had proof of such effects been a condition for funding ATF, your blogger wouldn’t have a retired special agent’s badge to display on his bookshelf.

     So why the obstinacy? While GAO enjoys a reputation for impartiality, its employees may not appreciate the President’s “my way or the highway” approach. (Incidentally, GAO’s report about the costs of the President’s excursions to Mar-a-Lago are yet to be made public. One can only hope they will reflect the same tenacity and attention to detail that characterizes the agency’s more mundane work.)

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     Of course, Congress gets the final say. GAO is only there to inform. In this case, though, their joint efforts have aligned in a way, intentionally or not, that can only frustrate the President’s ambitions. From that perspective his perhaps regrettable tantrums make perfect sense. Meanwhile, the nation still pines for a comprehensive, truly objective assessment of what (and how much) ought to be done to safeguard its borders. Alas, in this ideologically fraught, hopelessly divided climate, that prospect seems no more likely than building the wall.

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Sanctuary Cities, Sanctuary States (I)     Ideology Trumps Reason     Immigration (special topic)


Posted 8/23/17

SANCTUARY CITIES, SANCTUARY STATES (PART I)

What happens when communities turn their backs on immigration enforcement?

     For Police Issues by Julius (Jay) Wachtel. By now the term “sanctuary city” has become such a familiar part of the lexicon that defining it might seem superfluous. But for the record let’s recap what it means to the Feds. According to a May 2016 memorandum from the Department of Justice the label applies to jurisdictions that, due to law, regulation or policy, either refuse to accept detainers from ICE or don’t promptly inform ICE of aliens they arrest or intend to release.

     Memoranda do not carry the force of law. A 1996 Federal law, 8 USC 1373, stipulates that “a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.” In plain language, neither Hizzoner the Mayor nor any other official can legally order police to keep quiet about the arrest (or simply the whereabouts) of an illegal immigrant.

Click here for the complete collection of immigration essays

     Of course, that doesn’t require that ICE be tipped off. Yet until recently such notifications were routine. Indeed, many police and sheriff’s departments used to have ICE train and deputize their officers under section 287-g of the Immigration and Nationality Act so they could enforce Federal immigration laws on the street. At one point the number of participating agencies exceeded seventy.

     In time, a growing political divide and instances of excessive anti-immigrant zeal (see, for example, the saga of former Sheriff Joe Arpaio) led many communities to abandon the program. In 2016 ICE dropped the street enforcement aspect and now restricts cross-designated officers to making immigration checks only of persons detained for other crimes in local jails. After a recent drive ICE proudly reported that the number of jurisdictions participating in this modified program stands at sixty. However, nearly all are Sheriff’s offices in the South, with a large chunk in Texas.

     At present neither Los Angeles, nor New York, Chicago or virtually any other city of size except Las Vegas participates in the 287-g program. In Blue America objections to immigration enforcement run so deep that many communities have taken affirmative steps to frustrate the Feds. Some don’t let ICE officers review jail records to gather information about arrestees (what jurisdictions participating in the 287-g program do with their own cops.) Others don’t inform ICE, or only do so selectively, when national criminal warrants checks reveal that an arrestee was previously deported or has an active criminal or civil warrant for an immigration offense. And many either ignore detainers (written requests that specific, named arrestees be held for up to 48 hours beyond their release time) or fail to provide timely notice about the impending release of persons wanted by ICE.

     Why the resistance? Here’s how Montgomery County, Maryland police chief Tom Manger, president of the Major Cities Chiefs Association, explained it to Congress in 2015:

    To do our job we must have the trust and respect of the communities we serve. We fail if the public fears their police and will not come forward when we need them. Whether we seek to stop child predators, drug dealers, rapists or robbers – we need the full cooperation of victims and witness. Cooperation is not forthcoming from persons who see their police as immigration agents. When immigrants come to view their local police and sheriffs with distrust because they fear deportation, it creates conditions that encourage criminals to prey upon victims and witnesses alike.

     Although Chief Manger’s agency does not participate in 287-g, it routinely informs ICE of all arrests so that the Feds can, if they wish, follow up. But Chief Manger refuses to accept so-called “civil” detainers, such as those issued when illegal immigrants fail to appear at an ICE hearing, because they are not based on probable cause that a crime was committed. (In contrast, re-entry after formal deportation is a Federal crime, and in Montgomery County such detainers are honored when accompanied by an arrest warrant.) Chief Manger’s position has been adopted as the official policy of his influential group.

     Maps compiled by the Center for Immigration Studies and ICE Weekly Declined Detainer Reports (WDDR’s) indicate that most law enforcement agencies outside the South and Northwest ignore civil detainers. Section III of the WDDR’s identifies the agencies by name. (The three most recent are here, here and here.) For example, during the January 28-February 3 reporting period, Chief Manger’s Montgomery County domain released a person charged with assault because the detainer was only supported by a civil warrant.

     According to ICE, many localities impose much stiffer conditions. Baltimore, whose 2015 violence rate was eight times worse than Montgomery County’s, supposedly refuses to honor all detainers (WDDR p. 8). (In defense, its chief insists they comply with “criminal arrest” warrants, however Baltimore might define them.) As crime-ridden metropolitan areas go, Baltimore’s approach is hardly unique:

  • Newark (p. 31) and New York City (p. 32) reportedly refuse all detainers
     
  • Boston (p. 25) and Los Angeles County (p. 13) only honor those accompanied by criminal arrest warrants
     
  • Chicago (p. 32) requires either a criminal arrest warrant, identification as a “known gang member,” a felony conviction, or active felony charges [Chicago has imposed more restrictive  conditions: see 2/24/21 update]
     
  • Philadelphia PD (p. 23) refuses to honor detainers or notify ICE of impending releases unless “the alien has a prior conviction for a first or second degree felony offense involving violence and the detainer is accompanied by a judicial arrest warrant”
     
  • Washington, D.C. (p. 32) requires a “written agreement from ICE reimbursing costs in honoring detainer” and that an immigrant was either released from prison within the past five years or convicted within the past ten years, in both cases of homicide or another “dangerous” or violent crime.

     What were the criminal backgrounds of those named in ICE detainers? A hand tally of 206 detainers declined between January 28 and February 3, 2017 reveals that twenty-six of the named immigrants had been convicted of domestic violence. Twenty-three others had convictions for DUI, fourteen for assault, eight for burglary, robbery or arson, seven for a drug offense, six for a sex crime, four for resisting or weapons offenses, and four for forgery or fraud. Dozens more had been charged with but not convicted of crimes, including twenty for assault, seventeen for burglary and robbery, sixteen for sex crimes, eleven for domestic violence, and one each for kidnapping and murder.

     ICE can, of course, track down subjects itself. However, serving civil and criminal process in the field carries risks for both officers and immigrants. But why should the Feds even bother? After all, as we reported in “Ideology Trumps Reason,” research demonstrates that, overall, immigrants are substantially more law-abiding than ordinary folks.

     But there’s a catch. Unlike ethnicity, immigration status isn’t systematically captured by criminal history repositories. So whether illegal immigrants are more likely to commit crimes than those legally in the U.S. is unknown. (One might think so after reviewing the above list, but these examples may not fairly represent illegal immigrants in general.) Still, the list of troubling anecdotes keeps growing. In December 2016 Denver ignored a detainer and let go a known gang member who had been jailed for multiple offenses, including weapons, auto theft and eluding police. Within two months Ever Valles, 19 was back in jail after he and an associate allegedly committed a brutal robbery-murder. Criminal misconduct by illegal immigrants has even caught the attention of the liberally-inclined New York Times. (For a running compendium in an anti-illegal immigration website click here.)

     There’s another important “if.” As our table in “Ideology Trumps Reason” suggests, legal status aside, the advantage of being foreign-born doesn’t necessarily carry over to subsequent generations. Imprisonment data reveals that third-generation Hispanic males are more than twice as likely to be incarcerated as non-Hispanic whites. Why is that? Many illegal immigrants are unskilled, poorly educated and reside in poverty-stricken, crime-ridden areas. This might expose their descendants to role models and behaviors that the grandchildren of legal migrants can’t begin to imagine. (For an example see 4/7/18 update, below.)

     It’s clear that competing ideologies and selectively interpreted “facts” have complicated the relationship between police and the Feds. During his career as an ATF agent your blogger worked closely with local police and detectives, and he suspects that most ICE officers and street cops still get along. Even so, policies have consequences. While it seems petty and self-defeating to kick out law-abiding, hard-working persons, refusing to honor detainers can obviously imperil the law-abiding.

     On the other hand, concerns that police involvement in immigration matters can erode trust with the Hispanic community are not easily dismissed. A somewhat dated study provides ammunition for both sides of the debate. In 2008 Prince William County, Maryland mandated that police “investigate the citizenship or immigration status of all persons who are arrested for a violation of a state law or county ordinance.” Two years later university scholars and the Police Executive Research Forum produced a detailed report assessing the policy’s effects. As one might expect, illegal immigration decreased. So did aggravated assault, hit-and-run accidents and some forms of public disorder. However, “a palpable chill” fell over relations between Hispanics and police. Fortunately, in time the wound mostly healed, and within two years goodwill was largely (but not completely) restored.

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     So was the policy a good idea? Here is what the study’s authors think: “Despite our mixed findings, the current version of the policy, which mandates immigration checks only for arrestees, appears to be a reasonable way of targeting illegal immigrants who commit criminal violations. There is fairly broad agreement on this as a goal for law enforcement.”

     Whatever the “facts,” both sides remain dug in. LAPD Chief Charlie Beck, whose agency typically refuses to honor detainers, concedes that illegal immigrants who have been convicted of violent felonies should be deported once they’ve done their time. But he’s in favor of granting illegal immigrants driver licenses and insists that helping ICE deport them “is not out job, nor will I make it our job.” Angrily rejecting such views, Attorney General Jeff Sessions recently announced that DOJ will withhold “Byrne” grants unless jurisdictions “comply with federal law, allow federal immigration access to detention facilities, and provide 48 hours notice before they release an illegal alien wanted by federal authorities.”

     Take that, L.A., New York, Chicago...

     Well, that’s enough for now. In Part II we’ll discuss the possible consequences of the Federal-state split in marijuana enforcement. And as always, stay tuned!

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Can You Enforce Without Force?     When Walls Collide     Sanctuary Cities, Sanctuary States (II)

Ideology Trumps Reason     Location, Location, Location     Immigration (special topic)

ORGANIZATIONS

American Immigration Council     Center for Immigration Studies     ICE officers union


Posted 5/16/17

IDEOLOGY TRUMPS REASON

Clashing belief systems challenge criminal justice policymaking

     For Police Issues by Julius (Jay) Wachtel. Ideologies – collections of ideas, values and beliefs – are the sociopolitical glue that binds people into a common cause. Of course, there are consequences. Disputes between clashing ideologies have convulsed nations into war. At home, two competing ideologies – liberalism and conservatism – continue their long-running struggle for supremacy. Naturally, each camp trenchantly advances its own vision of justice, including how, when and to whom criminal sanctions should apply.

     That split is reflected in the memberships of the American Society of Criminology (ASC) and the Academy of Criminal Justice Sciences (ACJS). With its roots in sociology, ASC has typically attracted so-called “progressive” scholars. In contrast, ACJS, which originated in a field once known as “police science,” enjoys a more practical orientation, and features a website that gives a prominent nod to practitioners. Still, both organizations publish respected scholarly journals and share substantial common ground. Indeed, the disciplines they cover enjoy a lot of overlap, and many academics belong to both groups.

Click here for the complete collection of immigration essays

     This amity might soon be tested. Days ago the ASC executive board released an extraordinary statement. Its four main points, rendered in boldface, directly challenge the Trump administration’s criminal justice agenda:

  • Immigrants do not commit the majority of crime in the United States.
  • The proposed travel ban is not empirically justified and targets the wrong countries.
  • The U.S. is not in the midst of a national crime wave.
  • The U.S. government plays an important role in police reform.

Each statement is followed with a discussion that includes notes to data and scholarship. If that’s too subtle a reminder of the Society’s empirical cred’s (and by implication, the Trump administration’s unscientific approach) one of the closing paragraphs makes the point succinctly:

    Recent Presidential executive orders and other administrative decisions are at odds with established evidence in criminology and criminal justice. Crime-control policies should be built on science, and elected officials at all levels of government have a responsibility to endorse public policies that are evidence-based and that promote fairness, equality, and justice.

Incidentally, even that dig is footnoted, in this instance to a journal article that challenges the usefulness of deportations in reducing violent crime.

     That’s not to imply that footnotes are bad. What’s disturbing about the discussions is that they seem tailored to support a particular ideological agenda. We’ll have more to say about that later. For now let’s tackle ASC’s views on immigration policy. Here is an abridged version of its position:

    Immigrants do not commit the majority of crime in the United States. First, a century’s worth of findings on immigration and crime in the U.S. show that immigrant concentration decreases crime at the neighborhood and city levels – also known as the revitalization thesis. That immigration is a protective factor against crime also holds true for individuals; immigrants as a whole are far less likely to commit crimes than non-immigrants.

    Indeed, as we skimmed the literature we found considerable support for the notion that immigration can revitalize neighborhoods. Data also consistently indicates that foreign-born immigrants are substantially less likely than native-born persons to break the law. Interestingly, research in Chicago suggests that this effect may weaken over time. Compared to the third generation (parents and children all born in the U.S.), first-generation, foreign-born immigrants were 45 percent less likely to commit an act of violence. For members of the second generation the advantage was reduced to 22 percent.

     So what about that third generation? Table 4 in Undocumented Immigration and Rates of Crime and Imprisonment: Popular Myths and Empirical Realities (Rubén G. Rumbaut, August 2008) reports percent ever-arrested and percent ever-incarcerated for a sample of nearly three-thousand Southern California males, ages 20-39, of known race, ethnicity and generation (condensed version below).


While relatively low at the start, arrest and incarceration of Hispanics (and most other ethnic groups – see full table) increases dramatically by the third generation. By then between-group differences closely align with the U.S. imprisonment rate (“Prisoners in 2010,” Table 14.) Whites are least likely and blacks are most likely to be incarcerated, while Hispanics fall between.


     This phenomenon, which muddles neat, pro-immigrant conclusions, is no secret in the literature. Of course, to paint a truly illuminating picture would require parsing newcomers by their legal status. Inasmuch as legal immigrants are likely better educated, higher-income and have more job and educational prospects, we suspect that their descendants may also be more law-abiding. Instead, the ASC simply cherry-picked what data supported their views.

     Let’s tackle another of the ASC’s targets: the Administration’s focus on violent crime. Here’s an extract from the Executive Board’s comments:

    …rates of violent and property crime have been declining in the U.S. for at least a quarter century. Many criminologists have referred to this post-1990s period as “the great crime decline.” It is true that some cities experienced large increases in homicide in 2015, but this is not indicative of a national pattern as homicide rates overall remain significantly below 1990s peaks.

     Once again, the ASC’s account misleads. “Is Crime Up or Down? Well, it Depends” conveys the obvious: whether crime has gone up or down depends on when we compare. Nationally, violence has been dropping since the eighties. But it’s still far higher than in 1960. It’s also important to consider where one sits. ASC conceded that “some cities experienced large increases in homicide in 2015.” But why leave out 2016? According to data compiled by FiveThirtyEight lots of hard-hit places got hit again. Killings in Cleveland increased by 20.6 percent; in Oakland, by 22.4 percent. For sheer numbers it’s hard to top Chicago, which suffered an appalling 747 homicides in 2016, a 17.6 percent increase from the merely deplorable 495 murders in 2015. (By the way, it’s logged 213 so far this year.) And don’t even think about comparing America’s numbers to, say, Canada or Great Britain!

     Bottom line: many communities continue suffering from what any reasonable “empirical” person would consider a grotesque level of violence. Regardless of one’s ideological leanings, the numbers alone abundantly justify a vigorous response. For a prestigious criminological association to shrug it off by suggesting that things were once worse (they were once better, too) is, well, appalling. Perhaps one of the ASC’s luminaries might volunteer to move into an impacted neighborhood in, say, Chicago, place a calculator (and flak vest) by their bedside and let us know how it goes.

     Bundling notions about complex topical areas such as immigration, violent crime and police use of force into a neat package is what ideologies do. Legal and illegal immigration can (does not!) yield different benefits and costs in the short term and the long. Surges in violence are (are not!) of legitimate concern in many cities. Reducing the use of force may (does not!) require changing a lot more than cops. To succeed at this one must sweep confounding data aside. What supports one’s position is good: what doesn’t is ignored. Incidentally, that’s called “confirmation bias.” We recently touched on that well-known phenomenon here. That it apparently infects the ASC is disheartening.

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    Our concerns also extend to the Trumpists. Impulsively conceived, poorly designed travel bans, moves to banish oversight of forensics, a return to the draconian drug sentencing policies of the past (click here and here), and the championing of aggressive police practices such as “stop and frisk” and “broken windows”, whose thoughtless use we’ve repeatedly criticized (click here and here) suggest they’re determined to occupy the opposite ideological bench. You know, the one to the (far) right of the ASC.

     Meanwhile, as our polarized combatants settle in at their IPhones and greedily snatch at confirmatory morsels while fastidiously ignoring everything else, those who bear the consequences of their decisions are left to wonder: in this brave new data-driven, empirically-based world, is that really all there is?

For all updates, see below

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Special topics: Immigration     Assault on the Capitol

Chaos in D.C.     L.A. Wants “Cahoots”     Violent and Vulnerable    A Conflicted Mission

Can You Enforce Without Force?    When Walls Collide     No One Wants Ex-Cons to Have Guns

Sanctuary Cities, Sanctuary States I     Guilty Until Proven Innocent     Is Crime Up or Down?

People do Forensics     Is Trump Right About the Inner Cities?     Good Guy, Bad Guy, Black Guy I  II

A Very Hot Summer     Too Much of a Good Thing


IMMIGRATION UPDATES (scroll)

7/1/22  Three persons were arrested in the smuggling of dozens of illegal immigrants who perished of heat exhaustion in the back of a tractor-trailer. Homero Zamorano Jr., 45, reportedly messaged his accomplices that the trailer’s A/C unit had failed. He picked up the migrants from a “stash house” in Laredo where they waited after crossing into the U.S. His rig was waved through a backed-up internal CBP checkpoint. Searches at these are less likely than at border crossings, and especially now because of “record numbers” of migrants.

6/28/22  A “cry for help” led to the discovery of forty-six dead migrants in an abandoned tractor-trailer near San Antonio, Texas. Later the toll rose to fifty-one. At least twenty-two were Mexican nationals; there were also victims from Guatemala and Honduras. Cause of death was presumed to be, as in most such cases, heat exhaustion. A surge in illegal migration has brought far more deaths; last fiscal year’s toll, 557, was more than twice the previous year’s.

6/27/22  A Federal judge in Texas ruled that the Administration’s policy to focus removal efforts on illegal immigrants who pose threats to public safety, national security and border security is illegal. So ICE announced its agents would no longer be bound by the directive, which also lists “mitigating” and “aggravating” factors to help guide decisions to act. But as discretion is intrinsic to its mission - agents can’t arrest everyone - the practical effects of the rollback are unclear. (See 3/12/22 update.)

5/23/22  Sporting tactical vests and armed with AR-15’s, squads of “Patriots for America” militia patrol the Texas border. Border agents and State troopers allow them to interact with detained migrants, and militia members ask them questions about their alleged main concerns: sexual trafficking of minors and drug trafficking. “We’re No. 1 a faith-based organization. We’re Christ-centered,” said a leader. His work is supported by local sheriffs, and the Mayor of Uvalde, Texas lets militia members patrol his town.

5/21/22  Siding with twenty-four States, including Arizona, that sued to block expiration of the Presidential directive that enabled summary deportations because of the pandemic, a Louisiana Federal judge has ruled that the order remain in place. Proponents feared a “wave of illegal migration and drug trafficking” if the “tens of thousands of new migrant admissions” that were certain to occur took place.

5/14/22  A feature story in the L.A. Times accuses ICE of providing poor medical care to detained immigrants, most of whom are held in privately-run facilities. Should their condition turn critical, ICE quickly processes their parole and rushes them to an emergency room, so that if death results, it is not of a person in its custody.

4/30/22  CBP records reveal that Mexican human and drug smugglers use power tools to saw through the bottoms of the newly-installed border walls. Repairs, which usually involve fitting metal sleeves, cost $2.6 million in three years. San Diego-area hospitals frequently admit persons who are injured or killed in falls from the taller, 30-foot segments, which are climbed using ropes and prove the most dangerous. These incidents accounted for 16 percent of the 230 trauma patients treated by one hospital in March.

4/27/22  Title 42, the COVID rule that allowed DHS to promptly expel two million illegal border crossers since 2020, is expiring May 23. It’s thought that border crossing attempts will double. To meet the threat DHS is substantially increasing the capacity to process, detain and transport illegal immigrants. “Central processing centers” are also being created to help multiple agencies coordinate their efforts. DHS fact sheet (see 5/21 update).

4/9/22  Federal authorities indicted eleven U.S. residents, including seven Philippine nationals and one Brazilian living in Los Angeles, for operating a years-long enterprise that created hundreds of fictional “sham” marriages between American citizens and foreigners who wished to emigrate. The plotters’ take from approx. 400 clients was “millions of dollars.” According to DOJ such schemes are not unusual

3/30/22  Illegal border crossings are going up again, and they’re expected to surge should the public health rule that Trump placed into effect, and which Biden continued, be lifted in a few days as expected. That rule allowed ICE to quickly expel migrants during the pandemic, including asylum seekers. But it doesn’t apply to arrivals from Cuba, Venezuela or Nicaragua, with whom the U.S. lacks relations. Instead, they’re released on electronic monitoring and enrolled in an adjudication process that can take “years.”

3/25/22  According to DOJ, backlogged immigration courts can take “several years” to fully adjudicate persons who could be expeditiously removed but “assert a fear of persecution or torture and pass the required credible fear screening.” To bring that down to “several months” a new formal rule will allow immigration officers, rather than only judges, to consider these claims. It will take effect sixty days after official publication and public comment is invited.

3/12/22  President Biden ordered ICE to focus its efforts on arresting and deporting “noncitizens” (formerly called illegal aliens) who pose a serious criminal threat. And the agency’s annual report trumpets the results. During FY 2021 (Oct. 2020-Oct. 2021) nearly half of the 74,082 noncitizens arrested were “convicted criminals.” Of these, 12,025 had “aggravated felony convictions,” nearly twice as many as during FY 20. Criminal records aside, the number arrested was also about 28.5% fewer than in FY 2020, a year during which ICE reported it was constrained by the pandemic.

1/12/22  State law enforcement officers served search warrants targeting Real County, Texas Sheriff Nathan Johnson. He is accused of illegally ordering deputies to seize the cash and personal property of illegal migrants whom they encounter and detain for the Border Patrol. But instead of turning everything over to the Feds, Sheriff Johnson apparently deposits the money into County funds. That, allege state officials, may constitute theft.

12/20/21  Agents employed by Homeland Security Investigations complain that they’re subject to abuse and that other law enforcement agencies refuse to work with them because HSI is a division of ICE (Immigration and Customs Enforcement). Their mission, though, isn’t about detaining and deporting persons who illegally cross the border. So they’re asking that their unit be reassigned to another agency.

12/13/21  With unprecedented numbers of aliens crossing into Texas - 1.2 million so far this year - two of the State’s counties are arresting migrants for trespassing into border ranches. They’re temporarily housed in a converted prison, and after they appear in court - most cases are dismissed - they’re turned over to immigration authorities. Then the Federal process begins. “Operation Lone Star” uses State Dept. of Public Safety officers, including members of the Highway Patrol, and the National Guard.

10/28/21  A new Homeland Security directive prohibits taking immigration-related enforcement actions “in or near a location that would restrain people’s access to essential services or engagement in essential activities.” These “protected areas” include schools, medical offices, hospitals and clinics, places of worship, sites of religious and other ceremonies, playgrounds, recreation centers, bus stops, locations where students and young persons gather, and sites of parades or demonstrations.

10/27/21  New enforcement priorities that focus on dangerous immigrants (see 10/1/21 update) have caused routine (“administrative”) immigration arrests in the U.S. interior to plunge from 104,000 during FY 2020 to 72,000 during FY 2021. During 2017-2019 the fiscal year average was 148,000. The decade’s peak was in FY 2011, when 322,093 illegal immigrants were apprehended in the interior.

10/21/21  Federal data reveals that “illegal crossings...skyrocketed in the months after President Biden took office,” with more than 200,000 arrests during July and August alone. For the fiscal year ending October 31, CBP arrested 1.66 million persons for illegal entry, three times the 2012-2020 norm. Mexican nationals comprised 37 percent (608,000). In second place, at 22 percent (367,000) were persons from outside Mexico and Central America. That reflects a “now truly global” problem.

10/13/21  Workplace immigration raids are no longer. According to Alejandro Mayorkas, Secy. of Homeland Security, mass arrests at worksites “misallocated enforcement resources while chilling, and even serving as a tool of retaliation for, worker cooperation in workplace standards investigations.” Such raids were popular during the last Administration. One major example, a coordinated August 2019 raid of poultry plants in Mississippi, resulted in the arrest of nearly 700 illegal immigrants.

10/1/21  On Sept. 30 Alejandro N. Mayorkas, Secretary of Homeland Security, issued a memo that identifies three categories of “undocumented noncitizens” to be actively sought out for apprehension and removal: those who threaten national security through terrorism or espionage; who threaten public safety by serious criminal misconduct; or who threaten border security. That latter group comprises persons apprehended during unlawful entry and persons who illegally entered the U.S. after 11/1/20. “In exercising our discretion, we are guided by the fact that the majority of undocumented noncitizens who could be subject to removal have been contributing members of our communities for years.”

9/25/21  According to the White House, the President’s threats to punish horse-mounted agents (they have been removed from the field and await possible discipline) weren’t pre-judgments but reactions “from the heart.” Meanwhile the Del Rio camp has been closed. So far 2,000 migrants have been returned to Haiti via air, 12,400 were allowed entry and scheduled to make their case in court, and 5,000 are in custody pending a decision on which way to proceed.

9/23/21  With as many as fifteen-thousand illegal migrants already in the Del Rio area, and thousands more reportedly on the way, Texas Gov. Greg Abbott dispatched state troopers and national guard. They created a “steel wall” by lining up miles of state vehicles to block entry. “We effectively...regained control of the border” Abbott said.

9/22/21  Images of Border Patrol agents on horseback trying to physically restrain illegal Haitian migrants from entering a massive encampment along the Texas border are ricocheting across the political landscape, causing a major problem for President Biden as he works to return thousands to their homeland. Many of those pictured are coming back with food and supplies they bought in Mexico.

9/19/21  As many as fourteen-thousand illegal immigrants, mostly from Haiti, are camped under a bridge in Del Rio, Texas, a border town of about 40,000. Under watch by Border Patrol, the migrants are being processed under the emergency provisions of Title 42, and some have begun to be placed on flights for return to Haiti. Overwhelmed by the recent crush of illegal migration, the Feds are appealing a  judicial ruling that in effect gives them only two more weeks to use Title 42 for expedited expulsion.

9/16/21   U.S. border authorities detained 212,672 illegal migrants in July 2121, the most in twenty-one years. In August the number was a slightly smaller 208,887. One in four was a repeat offender, far higher than the past average of 14 percent. According to a top Republican Senator, this “unlawful migration crisis” is due to a thoughtless “dismantling” of prior policies, with nothing to replace them.

8/13/21  CBP reports that the CDC Title 42 summary expulsion of illegal immigrants because of COVID  increased encounters with repeaters, from 14 percent before the pandemic to 27 percent at present. So far this fiscal year (Oct. 2020 to present) agents have encountered “845,307 unique individuals” compared with 796,400 during the same period during the prior fiscal year. To deter repeaters CBP has begun a program to refer those who had been formally deported for prosecution.

7/31/21  As part of Texas’ border security initiative, which includes building fences and interdicting the flow of drugs, Governor Greg Abbott ordered troopers to “stop and turn around” vehicles smuggling immigrants, supposedly to combat the spread of COVID. That finally proved too much for the U.S. Justice Department. Insisting that border affairs are not Texas’ business, it sued in Federal court.

7/26/21  In June the Border Patrol encountered 188,829 migrants at the Southern border, “the largest in years.” A profusion of migrant deaths and disappearances has led the agency to place numerous signs bearing GPS coordinates and install solar-powered, camera-equipped beacons in remote areas to help the lost and injured. As they conduct more rescues and recover more remains agents are also increasingly turning to forensic techniques to identify victims and prosecute smugglers.

7/23/21  In June DHS announced that, consistent with the new Administration’s policies, it would “end wall expansion to the extent permitted by law” and use the funds to correct “life, safety, and environmental concerns” created by prior wall-building efforts. Congress would be asked to cancel funds appropriated for building barriers and allow their use for “modern, effective border measures to improve safety and security.” As a first step, on July 23 DHS announced the cancellation of a planned 31-mile barrier project in the Laredo sector.

7/17/21  On 7/16 a Texas Federal judge declared that the DACA Program (Deferred Action for Childhood Arrivals) “was created in violation of law” and issued a permanent injunction prohibiting any further grants of protected status. However, persons can continue to apply for the program, and current holders will continue to receive DACA’s benefits pending DHS review and rulings from higher courts.

6/26/21  Vice-President Harris visited the border and met with officials and immigrants to help develop policies that address “the root causes” of illegal immigration: “poverty, corruption, violence, and a climate crisis.” According to DHS, fewer unaccompanied children (UC) and families are being encountered. But the numbers still seem very large. Projected “encounters” with UC’s in June are down 21 percent from the March peak of 19,000. Their average time in custody fell from about five days to one. In May 2019 there were 89,000 family encounters; in March 2021 the number was 55,000.

6/4/21  How best to check the identities of the “tens of thousands” of asylum-seekers awaiting entry to the U.S.? As part of the solution, DHS has implemented a facial-recognition app. that allows CBP to compare images of would-be entrants to persons already in its database and confirm whether they have officially applied or are part of the subset who may enter despite the COVID-19 policy that’s kept them out. But civil libertarians worry about the app’s security and its potential for error and misuse.

5/29/21  Cristhian Bahena Rivera, a farmwoker illegally in the U.S., was convicted of murdering U of Iowa student Mollie Tibbets in July 2018. He had been arrested the following month after being seen driving a vehicle that distinctly resembled a car that stalked Tibbetts while she jogged. Rivera blamed the killing on “two masked men” who forced him to help dispose of her body. (See 8/21/18 entry.)

4/4/21  A fifteen-year high of 170,000 illegal migrants were detained at the Southern border in March. With ICE facilities overwhelmed by the need to house “thousands” of unaccompanied children, and Mexico unable to help, many migrant families are being given court dates and released into the U.S.

3/7/21  Belief that the U.S. will liberalize admissions has led to a surge of migrants from Central America and Mexico, further straining border regions that were already besieged. “We’ve heard that [Biden] won’t separate families” said a man from Honduras who made the trip with his wife and two children.  “Title 42,” the Federal code that was used to summarily expel illegal immigrants because of the pandemic, is no longer being applied to unaccompanied minors, and accommodating their growing numbers is proving a major challenge.

2/27/21  Immigration authorities reported that in January nearly six-thousand unaccompanied minors  illegally crossed into the U.S. Their purpose was mostly to join adults already present, and they typically sought out officers and surrendered. Unlike adult entrants, minors can’t be summarily expelled. Their numbers are growing as is the difficulty of properly housing them. Critics blame the new Administration’s more welcoming posture for encouraging the influx.

2/24/21  Chicago Mayor Lori Lightfoot signed a “welcoming city ordinance” that officially ends cooperation with immigration authorities unless (click here) “they are wanted on a criminal warrant by local or federal authorities, if they have been convicted of a serious crime and remain in the United States illegally, or if they are otherwise a clear threat to public safety or national security.”

2/19/21  Acting under executive order, ICE is prioritizing enforcement of three classes of “noncitizens”: (1) national security risks; (2) persons who illegally entered on or after 11/1/20; and (3) persons who are considered public safety threats and have been convicted of an “aggravated felony” or actively participate in a “transnational” gang. Removal of noncitizens not in these categories requires special permission. Click here for the detailed ICE memo.

2/8/21  Perceptions of the new Administration’s more welcoming posture has led to a “building crisis” as a surge of migrant families from Central America severely tests border controls.

1/22/21  The proposed “U.S. Citizenship Act of 2021” would, among other things, allow persons unlawfully present in the U.S. to apply for “temporary legal status” that could become permanent if they keep out of trouble and pay taxes for five years. Immediate green cards would go to “dreamers,” persons with humanitarian temporary protected status and certain farmworkers.

12/22/20  To avert a looming shutdown Congress approved a $1.4 trillion spending package for 2021. It includes $1.4 billion for border wall construction, somewhat less than the $2 million demanded by President Trump. Some police reform initiatives such as a chokehold ban were rejected. However, $5 million was allocated to track police misuse of force and misconduct, and $5 million for an AG task force on police oversight. Nearly $200 million will be expended to help reduce evidence processing backlogs.

11/8/20  Interviews by the New York Times revealed split opinions between Blacks and Whites about the protests sparked by police use of force against minorities, with Blacks generally viewing them as reflective of their everyday concerns while many Whites expressed anxiety about the impact of the disorder on their communities.

11/4/20  A national exit poll of approx. 16,000 voters about five issues: racial inequality, the pandemic, the economy, crime and safety, and health care revealed that, for those for whom “crime and safety” mattered the most, 71 percent voted for President Trump and 28 percent for Joe Biden. Trump’s supporters made up 83 percent of those who felt that the CJ system treats everyone fairly, and 17 percent of those who felt that it treats Blacks unfairly.

10/22/20  A major DOJ report about Federal efforts to “dismantle” the MS-13 gang cites 749 prosecutions and “more than 500 convictions” during the past four years, with sentences including 37 life terms. Of those prosecuted, at least three-quarters were illegally present in the U.S.

10/17/20  According to the Department of Justice, 27,494 known or suspected aliens were serving a Federal prison sentence as of Sept. 30, 2019. Seventy-two percent were confirmed as illegally in the U.S. About half were imprisoned on drug crimes; thirty percent for alien smuggling or illegal re-entry; five percent for fraud; four percent for weapons crimes; and 3.7 percent for racketeering.

8/8/20  Agents investigating a sinkhole found what a U.S. border patrol chief describes as “the most sophisticated tunnel in U.S. history.” Stretching from San Luis, Arizona to a neighborhood in Mexico, the reinforced, 3 foot X 4 foot tunnel sported rail tracks, ventilation, water and electricity.

8/8/20  Illegal crossing into the U.S. has “soared,” with the number of arrests more than doubling. Migrants say that a COVID-19 policy that quickly boots them out encourages them to promptly try again: “what’s encouraging us now is that because of the pandemic, they are letting us go quickly.” In March the CDC ordered the border patrol to bypass detention and immediately expel illegal crossers.

7/24/20  Smuggling gangs are using portable power tools to breach new sections of the border wall, “opening gaps large enough for people and drug loads to pass through.” One problem is that the vertical sections (“bollards”) are attached only at the top, so the bottoms can be more easily pushed aside.

7/4/20  Six members of the notorious MS-13 gang, of whom at least four originally entered the U.S. illegally as unaccompanied minors, have been arrested for the ambush murder of a Wheaton, Maryland painter. According to police, the victim was targeted because he had beaten up one of his assailants for burglarizing his apartment (click here for details about the murder.) Police blame a Federal resettlement program for importing gang members into the U.S. According to the Washington Post, 42 teens who entered the U.S. unaccompanied during the last three years became involved in MS-13 violence. Nineteen have been charged with murder; three were killed.

6/16/20  The Supreme Court refused to hear the U.S. Government’s appeal of Federal court rulings that uphold California’s “sanctuary” law. Known as S.B. 54, it bars law enforcement officers from assisting Federal immigration agents except when their targets have been convicted of serious crimes.

4/13/20 New York State’s recently approved “Green Light Law,” allowing illegal immigrants to obtain driver licenses and blocking ICE access to DMV records, was denounced by the Federal Law Enforcement Officer’s Association, which warns that it endangers public safety.

3/17/20  With construction suspended by the new Administration, incomplete sections of the border wall abound, creating visual and physical blight. And, according to Republican lawmakers, offering a profusion of places where persons can cross at will. But President Biden rescinded the “national emergency” that authorized using defense funds, and improving the wall’s coverage seems out of reach.

3/6/20  DOJ announced that ICE will soon begin routinely collecting DNA from “certain” persons who are detained for illegal entry. As is the case for ordinary arrestees, these samples will be included in the FBI’s national CODIS database. Officials are preparing a rule that will identify exactly whom among the scores of illegal migrants the new procedure will affect.

3/4/20  Thirteen persons lost their lives when an SUV crammed with more than two dozen illegal immigrants was struck by a large truck at an intersection about thirty miles inside the U.S. Immigration authorities reported that the SUV and a companion vehicle had breached a cut in the bollard fencing, and that the other vehicle, which carried nineteen illegal immigrants, had caught fire during the incursion. Its occupants were arrested.

2/14/20 Special teams of border agents are being deployed in nine areas, including Chicago, Los Angeles and New York, whose “sanctuary” policies preclude cooperating with ICE. Their function will be to track down and arrest immigration scofflaws who would otherwise avoid removal.

2/11/20 In a speech to a national sheriff’s group, AG William Barr announced hopes that the Supreme Court would overrule California laws that obstruct immigration enforcement. He also announced lawsuits against New Jersey, which keeps police from sharing information with ICE, and King County, Washington, which forbids deportation flights from its airport.

2/7/20 Four days ago NYPD officers arrested Gaspar Avendano-Hernandez, a two-time deportee, for felony driving with a forged license plate. As New York is a sanctuary state, police ignored a detainer and released the man without giving notice. ICE then confronted him at a home. A fight ensued and agents wound up shooting and wounding a young resident who interfered.

1/18/20 A 92-year old New York City woman was raped and murdered January 6. Four days later police arrested Reeaz Khan, 21, an illegal immigrant. ICE had filed a detainer against Khan after his arrest by NYPD in November for assaulting his father. But New York City law prohibits acting on detainers except for persons who have been convicted of serious crimes or whose names appear on a terrorist database. Khan met neither criterion so police released him without notice.

7/27/19 Title 8, section 1325 (a)(1) makes it a Federal crime for an alien to “enter or attempt to enter the United States at any time or place other than as designated by immigration officers.” The next section, 1325 (a)(2), prohibits “elud[ing] examination or inspection by immigration officers.” According to the Ninth Circuit, many (a)(2) convictions in San Diego (the L.A. Times says “thousands”) are invalid because there was no “eluding,” so they should have been prosecuted under (a)(1). Justice Bybee concurred but noted that the Circuit’s prior decisions made proving (a)(1) too complicated.

7/26/19  Ruling that objectors (including the Sierra Cluib) lacked legal standing, the Supreme Court upheld President Trump’s decision to spend $2.5 billion in Pentagon funds on a border wall in California, New Mexico and Arizona, where he said it’s needed to fight drug running.

7/17/19 Federal authorities indicted twenty-two Los Angeles-area members of the MS-13 gang, an ultra-violent group that originated in El Salvador. Among other things, the defendants  allegedly hacked to death seven “transgressors,” dismembering them with knives and machetes. Nineteen of the accused allegedly entered the U.S. illegally during the past four years.

7/13/19 In connection with her Presidential campaign, Senator Elizabeth Warren released a proposal that would, among other things, decriminalize illegal entry, making it a civil violation. Of the candidates, only Joe Biden has come out in favor of retaining illegal entry as a criminal offense.

7/9/19 Thanks to America’s switch to fentanyl, many Mexican farm families who cultivated opium poppies “so that your kids could go to school, so you could buy clothes, so that you could get something extra” face potential ruin. For some, the fix is to emigrate (illegally) to America.

3/27/19 In 2016 Jose Zarate, an illegal alien with five prior deportations, discharged a gun in public; a bullet ricoched and killed San Francisco resident Kathryn Steinle. At the time Zarate was free on a drug case, but the city’s sanctuary policy forbid telling ICE of his release. Zarate served three years in State prison for felon with a gun. He still pends Federal charges for that offense.

3/6/19 According to the head of CBP, a pronounced increase in large family groups crossing illegally in sparsely guarded remote areas has brought the system to the “breaking point.” Illegal entries in February exceeded 76,000, almost twice the number in 2018.

2/9/19 The Los Angeles City Council declared L.A. “A City of Sanctuary.” Its only practical effect is to reaffirm long-standing policy that prohibits officers from stopping persons to inquire about their immigration status. Recent state law already includes other restrictions (see 9/5/17, below.)

2/16/19  President Trump signed a bill providing $1.375 billion to erect 55 miles of border barrier in the Rio Grande Valley (a similar request had been turned away by the GAO. See above.) He also issued an Executive Order that would redirect $8.1 billion for border barriers from funds available to Treasury and Defense.

1/31/19 Federal agents arrested owners and associates of several California-based travel agencies for running a multi-year “birth tourism” conspiracy that helped expectant Chinese mothers use false pretenses to come to the U.S. as tourists and give birth. Fees ranged to as high as $100,000.

1/3/19 In Tulare County, CA, a twice-deported illegal immigrant went on a robbery and shooting rampage, killing one person and wounding six. He was fatally injured when he wrecked his car during a pursuit in which he shot at police. Three days earlier Gustavo Garcia, 36, was released from jail after being arrested for a drug offense. Although ICE filed a detainer, he was let go because California law prohibits honoring detainers unless they are supported by a Federal arrest warrant.

1/3/19 An illegal Mexican immigrant was arrested for shooting and killing Newman, CA police officer Ronil Singh during a Dec. 26th. traffic stop. Gustavo Arriaga, who was stopped for possible DUI, had failed to appear on two prior DUI arrests, including one where he caused injury. Two other illegal aliens were arrested for interfering with the investigation.

10/5/18 Republicans are highlighting three killings to warn against illegal immigration. One is of Luis Bracamontes, an illegal alien from Mexico presently on death row for murdering two northern-California area sheriff’s deputies in 2014.

9/26/18 Los Angeles police arrested Ramon Escobar, 47, for bludgeoning three homeless persons to death as they slept and injuring a half-dozen others. Escobar, a native of El Salvador, served five years in Texas for burglary and other crimes. He has also been repeatedly convicted of re-entry after deportation. ICE released him in January 2017 pending resolution of his application for asylum.

ICE statement: “After illegally reentering the U.S. following his most-recent removal Alberto-Escobar filed an appeal of his immigration case with the Board of Immigration Appeals in June 2016, which the courts granted in December 2016. ICE released him from custody on an Order of Supervision in January 2017 pursuant to the court's decision.”

8/21/18 A 24-year old Mexican man illegally in the U.S. has been charged with murdering missing Iowa college student Mollie Tibbetts [see 5/29/21 entry]. In a separate case, it was confirmed that the man detained by California-based ICE agents while accompanying his wife to give birth in a hospital was wanted on a Mexican murder warrant. Agents’ actions in this case had earlier drawn severe criticism.

7/14/18 ICE filed a detainer against a 32-year old Whittier (CA) man who fled in a stolen car after allegedly attacking and injuring his wife with a chain saw. Alejandro Villegas, 32, has prior convictions for drugs and drunken driving. An illegal alien, he has been removed eleven times.

7/2/18 Separating immigrant children from their parents, an on-again, off-again practice brought on by a new policy to arrest and prosecute all illegal immigrants, has been officially condemned by the presidents of the National Academies of Sciences, Engineering and Medicine, who warn that it places the children’s mental and physical health at serious risk.

4/13/18 New York City public defenders object that ICE arrests their clients when they appear in court on local charges, which discourages them and witnesses from showing up. ICE argues that 2014 city laws that generally prohibit jails from complying with detainers has forced agents to make more hazardous arrests in the community.

4/12/18 Ruling on a lawsuit filed by Los Angeles, a U.S. District judge ruled that Federal law enforcement grants cannot be conditioned on whether police assist in immigration enforcement.

4/7/18 In San Francisco Federal authorities aided by local police arrested ten members of a Hispanic gang for running a criminal drug sales enterprise in which they shot and killed seven rival gangsters. All were reportedly born in the U.S. but have roots in Los Angeles and Latin America.

4/7/18 In a move that parallels deployments under presidents Obama and G.W. Bush, up to 4,000 National Guard members will be sent to support DHS efforts along the U.S.-Mexico border. So far Guard units in Arizona, Texas and Nevada are expected to participate.

3/27/18 Orange County, Calif. “revolted” against state law that restricts police from cooperating with ICE (see 9/5/17) by making inmate release dates public and placing them online.

3/18/18 Turning away challenges from the state’s major cities, a Federal appeals court upheld Texas state law that requires honoring ICE detainers and allows police to ask about immigration status of those whom they lawfully stop.

3/7/18 DOJ filed a Federal lawsuit that would nullify new California laws which prohibit businesses from voluntarily helping ICE, forbid jails from alerting ICE about impending releases, and require that the State inspect and approve immigration detention centers.

2/2/18 The “Crime and Justice Research Alliance,” a new joint venture of ASC & ACJS, publishes a monthly newsletter. Its January 2018 edition features an “Expert Q & A” with a proponent of sanctuary cities who disparages critics for, among other things, focusing on “high profile and isolated incidents of violent crime committed by deportable noncitizens.”

1/18/18 Upping the “sanctuary State” ante, California’s Attorney General threatened to prosecute businesses for violating a recently enacted State law that bars them from voluntarily sharing employee records with ICE (Government Code, sec. 7285.2).

11/26/17 Georgia takes immigration enforcement seriously. State law lets local police inquire into immigration status, and many illegal immigrants get caught when driving without a license. Atlanta jails participate in the 287-g program and check immigration status of arrestees. ICE agents actively seek out illegal immigrants with serious criminal records, arresting them at home and at work.

9/5/17 California Governor Jerry Brown signed SB 54, “The California Values Act,” which forbids law enforcement agencies from cooperating with ICE unless illegal immigrants have been convicted of a violent or serious felony or are the subject of a Federal felony warrant. It enlarges upon the 2013 “Trust Act,” which forbid holding illegal immigrants not convicted of a “serious” or “violent” felony past their release date.

8/26/17 In July 2017 a Federal judge found ex-Sheriff Arpaio guilty of contempt for ignoring orders to keep deputies from racially profiling Hispanics. Arpaio faced up to six months in jail. That is, until August 25, when he was pardoned by President Trump.