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Removal Without Recourse: The Growth of Summary Deportations from the United States
The deportation process has been transformed drastically over the last two decades. Today, two-thirds of individuals deported are subject to what are known as “summary removal procedures,” which deprive them of both the right to appear before a judge and the right to apply for status in the United States. In 1996, as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Congress established streamlined deportation procedures that allow the government to deport (or “remove”) certain noncitizens from the United States without a hearing before an immigration judge. Two of these procedures, “expedited removal” and “reinstatement of removal,” allow immigration officers to serve as both prosecutor and judge—often investigating, charging, and making a decision all within the course of one day. These rapid deportation decisions often fail to take into account many critical factors, including whether the individual is eligible to apply for lawful status in the United States, whether he or she has long-standing ties here, or whether he or she has U.S.-citizen family members.
In recent years, summary procedures have eclipsed traditional immigration court proceedings, accounting for the dramatic increase in removals overall. As the chart below demonstrates, since 1996, the number of deportations executed under summary removal procedures—including expedited removal, reinstatement of removal, and stipulated removal (all described below)—has dramatically increased.
In Fiscal Year (FY) 2013, more than 70 percent of all people Immigration and Customs Enforcement (ICE) deported were subject to summary removal procedures.
Expedited Removal (INA § 235(b))
Immigration Letter from 22 Senators Decries Common-Sense Reforms
Twenty-two Senate Republicans have made some political waves recently by sending a letter to President Obama expressing their “grave concerns” over the review of immigration enforcement policies now underway in the Department of Homeland Security (DHS). The aim of that review is to determine ways in which enforcement priorities might be revised to avoid the […]
Read MoreDrop in Court-Ordered Deportations Means Little to Overall Deportation Numbers
Last week, the Executive Office for Immigration Review (EOIR)—the division within the Department of Justice that runs that immigration court system—released its FY2013 Statistics Yearbook detailing the number of deportation cases begun and completed in the immigration courts nationwide. The Yearbook showed a decrease in the number of immigration court cases the Department of Homeland […]
Read MoreHow Immigration is Key to New York City’s Renaissance
As a gateway to the United States, New York City has long been defined by the generations of immigrants who have made it their home. In a city of 8.3 million people, more than 3.1 million—38 percent of New York City’s population—are foreign-born, according to the 2012 American Community Survey. And in the case of […]
Read MoreNew Reports Undermine Obama Administration’s Claims About Deportations
Immigrant advocates and serious researchers have known for years that the deportation dragnet cast by the Obama administration is capturing thousands and thousands of people who pose no serious threat to public safety. This week, the New York Times and the Transactional Records Access Clearinghouse (TRAC) at Syracuse University each independently confirmed this conclusion. They […]
Read MoreThe Challenge of Measuring Immigration Enforcement in the United States
The effectiveness of immigration enforcement policies in the United States cannot simply be reduced to removal numbers. In other words, the system’s functionality and fairness cannot be determined by counting how many individuals a president deports each year. An honest analysis should include an understanding of what belies the numbers, as well as a look […]
Read MoreFaith Leaders and Groups Make the Moral Case for Immigration Reform
There is an increasing number of people and groups of faith across the country pressing for humane immigration policies. In spite of the legislative standstill immigration reform is facing on Capitol Hill, the faith community continues to lift up the need for immigration reform through various events across the country including the ongoing Fast for Families […]
Read MoreNew Website Documents Border Patrol Abuses
An alliance of immigration advocacy groups launched HoldCBPAccountable.org, a website that catalogues lawsuits and administrative complaints brought against U.S. Customs and Border Protection (CBP). The American Immigration Council, the National Immigration Project of the National Lawyers Guild, the Northwest Immigrant Rights Project, and the ACLU of San Diego and Imperial Counties have joined forces to document litigation that […]
Read MoreLet’s #SlamDunkReform This Year
We’ve been shooting for immigration reform for decades. But each year, Congress passes up the chance to score a big win for the American economy. Not passing immigration reform is madness. Immigrants are making an impact in states across the country, and we need leaders in Washington to advance legislation so America can compete on […]
Read MorePoll: Immigration Reform Won’t Hurt Republicans
The results cut against Republican concerns that passing immigration reform will keep their base voters away from the polls this fall A new survey could ease Republican fears that proceeding with immigration reform would alienate GOP voters. The poll, conducted by Texas Republican firm Baselice & Associates and paid for by the Michael Bloomberg-sponsored pro-reform […]
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