The most impactful quote I have ever heard is from Martin Niemoller. It demonstrates our responsibility as humans
and our self-interest in being supportive of victims of unfair treatment:
“First, they came for the Socialists, and I did
not speak out— because I was not a Socialist. Then they came for the Trade Unionists, and
I did not speak out— because I
was not a Trade Unionist. Then they came for the Jews, and I did not
speak out— because I was not a
Jew. Then they came for me—and there was no one left to speak for me.”
The 2025 circumstances are quite different; the 2025 targets
are here illegally and are not being put into forced labor camps or
killed. A mass deportation process can
protect human freedoms and be humane.
But, despite extensive international and USA law, the risk that
such a program crosses acceptable boundaries is significant. Laws may be complex, vague, re-interpreted,
mis-applied or changed and they may be expensive and time-consuming to apply. Exceptions could be leveraged aggressively or
expanded. For example, ACLU describes
dragnet sweeps55. PBS17
reports that, in immigration hearings, documents do not have to be
authenticated and that hearsay is admissible.
Even if program parameters are clear at the top of the chain
of command, misbehavior can occur further down the chain. (Consider the FEMA employee in Florida who
instructed employees to not offer services to people with “Trump” signs on
their lawn32. Review my “Secure
Communities program” section to evaluate whether that program strayed.) The risks increase when you have a leader who
gives varying messages and likes to troll.
Which message do people further down the chain believe should govern
their activity? Furthermore, immigration
judges have widely different rates of conferring asylum45. There are some legitimate reasons why judges’
rates vary, but a 5% to 95% denial rate in the same court indicates that
relative standards may vary significantly.
We all have a responsibility to be knowledgeable and vigilant. I’m sharing my research to make it easier for
you to decide what you think we should do.
I have listed 79 sources, so you don’t need to rely on my interpretation. Whether you agree with my thoughts or not, I
encourage you to explain your positions to your government representatives and
to hold them accountable.
My research underscores for me that I am NOT expert in details
regarding complex topic, and I have no practical experience. I continue to cross-examine myself on these
issues. This paper is written with a
heavy heart because, even when justified, deportation is detrimental to those
being deported and their family, friends and business associates. Many reasonable people might conclude that
Niemoller’s quote requires opposing all deportation (perhaps other than for
crimes against other humans). I haven’t reached
that conclusion but am open to listening to anyone who wants to make that
argument to me.
In several areas, acceptability depends on sound judgment
from the people implementing the program. There is no way we’d all agree on
every case. But, hopefully, we can be
comfortable that our government’s actions are reasonable.
Notes:
1.
Throughout this paper, I express my
opinions. However, to make it easier to
read I will minimize caveats such as “I believe”.
2.
“Illegal alien” vs. “undocumented people”:
Either term is acceptable to me. By
saying someone is an “illegal alien”, we are not challenging their right to
exist as a human being. I’ve generally used
the term “undocumented” to address some readers’ sensitivities.
3.
Posting footnotes is a nuisance, especially if
you keep adding new sources as you go. I
apologize for information which may be improperly footnoted. If you let me know, I’ll try to fix it.
Table of Contents
Mass Deportation Procedures. 1
My Current Conclusions. 2
Relevant statistics (legal and illegal immigration) 5
Why immigration is good for the United States. 7
Should the USA bar entry to, and deport, people?. 8
Securing our border 9
Downsides of mass deportation. 9
The “Secure Communities” program.. 12
Why has illegal immigration become such a problem?. 13
United Nations Conventions. 13
United States Immigrant Legislation and Practices. 14
Current Situation. 14
Rights of people in deportation proceedings. 15
Alternative ways of being removed. 17
Self-deportation. 17
Voluntary Departure. 17
Rapid REPAT (for people incarcerated for non-violent
crimes) 18
Criminal Apprehension Program.. 18
Re-entry rules. 18
Project 202547 19
Sanctuary provided by citizens, cities and states. 21
Sources. 21
As noted
above, I don’t expect everyone to agree with the following conclusions. I might change my mind depending on arguments
I hear/read.
1.
As discussed below in “Should the USA bar entry
to, and deport, people?”, I believe that a country has a right to control its
borders and that there are circumstances which justify deportation.
2.
In conjunction with section 101(a)(43) of the
Immigration and Naturalization Act (INA)57, we should deport undocumented
people who have committed “Aggravated Felony” in the USA, whether they qualify
as felonies under state law or not. “Aggravated
Felony” includes violent sex crimes; firearms offenses; alien smuggling (unless
it was your first alien smuggling crime and you were helping only your husband,
wife, child, or parent); fraud, income tax evasion, or money laundering over
$10,000; trafficking in firearms, explosive devices or drugs; crimes for which
you received a sentence of one or more years.
As of July 2024, 425,431 undocumented people had
been convicted of crimes without being detained for deportation proceedings,
however traffic violations were the most common crime.77 So, the number in this category might be less
than 300,000.
3.
We should deport undocumented people who are
dangerous: members of violent gangs or people who have made threats or engaged
in terrorism, anywhere in the world; violent, mentally disturbed people;
possibly other categories. However,
people should not be deported solely for having been a gang member in their
homeland if they fled to get away from forced gang membership. This number is likely smaller than the number
in category 2. Deporting categories 1
and 2 should have little downside.
4.
Under the Immigration and Naturalization Act (INA),
undocumented people who entered illegally within the past 2 years can be
deported with expedited removal (INA, §235(b)(1)) unless they were admitted or
paroled into the USA by immigration authorities.18 I’m guessing this is about 1,000,000
people. With the reduced rights of
expedited removal, the deportation process might be accomplished more quickly
and efficiently, however they still have rights (see “Rights of people in
deportation proceedings”). Because
they’ve been here less than two years, they are less likely to have a spouse or
children here and are less likely to be making a significant contribution to
our economy. But some will have
families, etc. (See “Downsides to Mass
Deportation” below.) In an ideal world,
I’d like these people to have more rights.
However, the world is not ideal, and we’ve created a huge problem of
undocumented people. So, I accept expedited
removal as per the INA. If I know
someone who falls in this category who I think would be a good citizen of the
USA, I would discuss with them the possibility of self-deportation while having
someone work inside the USA to obtain a green card for them. I respect that a lot of citizens will find
this unacceptable.
5.
Undocumented people who were paroled can live in
the USA temporarily (typically one to two years) while awaiting deportation
proceedings. During that period of time,
they can apply for authorization to work.59 President Biden has paroled well over
1,000,000 undocumented people, about 40% of whom have come from designated
countries (Afghanistan, Cuba, Haiti, Nicaragua, Ukraine, Venezuela) and 60%
having used the CBP One App (which apparently was not what the app was intended
to do).21 President Trump may
want to rescind (some of) these paroles, so that these people could be subject
to expedited removal. I think these people should be permitted the hearing they
were promised.
6.
Undocumented people who have been here between
two and five years are, under INA (§ 240), entitled to:18
·
the right to counsel
·
appear at a hearing before an immigration judge.
·
present evidence, and
·
appeal an adverse decision.
There may be about
3,000,000 people in this category.
Removing these undocumented people is a lot more work, more expensive
and will have a lot more negative impact on the economy. However, as they came in during the Biden
administration, I think President Trump is going to be intent on deporting
them. As long as their above rights are
honored, I can tolerate this.
7.
Undocumented people who have been here more than
5 years may total 6 to 7 million people.
They are more likely to have families, a long track record of peaceful residency
and meaningful jobs. Removing them would
be expensive and damaging to our country.
I think we should not deport these people unless they qualify
under #2 or #3 now, or possibly in the future.
From a political
perspective, it seems attractive to President Trump to focus on those who
entered during the past 5 years. That
alone is a huge operation, consisting of approxiately 40% (see statistic #2
below) of our 11.7 million26 undocumented immigrants. Secondly, Trump wants to grow the economy; a
more robust deportation program would damage his goals. Thirdly, Trump touts a more secure border in
his administration, which helps justify focusing on the Biden years. Looking back prior to Trump’s presidency
would involve undocumented people who would have been here at least 8 years;
deporting peaceful residents who have been here that long seems cruel and
self-defeating. The rules for re-entry
after Voluntary Departure vary depending upon whether you’ve been here undocumented
more or less than 5 years, so there is a precedent for a 5-year criterion.
8.
I would not deport anyone who qualifies under
DACA (3,600,000 of whom 528,000 are protected5 3,000,00077),
TPS (860,0005) or other visas, except under #2 or #3.
9.
Project 2025 (P2025) is discussed in more detail
in a later section. Here I identify some
ancillary issues it suggests might arise. These make decision-making harder. More areas worthy of discussion!
a.
Fear of domestic or gang violence would not
justify asylum. This seems reasonable
because it is so easy to claim, yet hard to prove, domestic violence and gang
violence and because these crimes do not qualify as persecution.
b. P2025
says Congress should explicitly permit programs akin to the Prompt Asylum Claim
Review (PACR)51 and Humanitarian Asylum Review Process (HARP)52
which require those seeking asylum to make their case without an opportunity to
have attorneys to represent them. They
have some opportunity to converse with attorneys in advance. I am concerned that attorneys may coach their
clients to make untrue statements to “justify” asylum. (In 2016, only 3% of detained individuals
filed for relief if they lacked an attorney, whereas 32% did so if they had
attorney representation. Those without
an attorney were successful 23% of the time, whereas those with attorneys were
successful 49% of the time.)43
People seeking asylum should be
able to explain their justification in their own words. However, there should be someone present who
is familiar with our laws and assures that the undocumented person is not
railroaded. Media should also be
permitted to attend hearings.
c.
It would mandate E-Verify and would encourage
ICE to use Blackies Warrants53, 54, 55 for worksite enforcement. E-Verify seems reasonable and perhaps
Blackies Warrants.
d. P2025
would authorize rooting out security risks in the Student and Exchange Visitor
Program. That could be reasonable. What standards would apply?
e.
It would not let undocumented people post bond
to be released into the USA. My opinion
on this might vary based on the circumstances.
Allowing people to disappear into the USA has been a big problem. But lengthy detention awaiting a hearing is
also a big problem. Could ankle monitors
help address the issue?
f.
It would remove rules restricting ICE from
sensitive areas (such as schools, places of worship and hospitals), trusting
them to exhibit good judgment That
seems to be asking for trouble.
g.
It would eliminate the Temporary Protected
Status50 designation and raise “credible fear” standards to the
level required for asylum. I would
retain Temporary Protected Status and would need more experience to determine
whether I am comfortable with raising the “credible fear” standards. If we made a third country other than their
homeland available, I’d be more comfortable with raising standards as, if they
had a true fear, they could opt for that third country.
h.
P2025 recommends holding jurisdictions
accountable if they provide sanctuary. I
agree with that, but if the mass deportation program crosses lines, resistance
becomes a civic responsibility.
I am not addressing
amnesty herein, hence am not suggesting amnesty for people who have been here 5
years. If they subsequently qualify
under #2 or #3, they would be eligible for deportation. After we’ve secured our border and
established effective ways to police visa violations, I think it does make
sense to have an amnesty program.
Many of these statistics are fiscal year (October
1-September 30). Be aware that it is
very hard to quantify illegal immigration.
We know how many people were apprehended and how many were released into
the USA, but we don’t know how many people got in without being apprehended.26 Often, people seem to presume that if the
number of apprehended people increases, the number of illegal immigrations goes
up correspondingly. But increased
apprehensions might reflect improved security which reduced the number of
illegal immigrations. Also, the number
of undocumented people in our country does not unilaterally increase. The number of undocumented people can
decrease due to deportation and other removal; people voluntarily returning to
their country, perhaps seasonally; deaths; and people becoming documented. Source 26 discusses statistical shortcomings
specific to this topic.
1.
As of July 2023, we have approximately 11.7
million undocumented people in the USA26. Between 1990 and 2007 the U.S. unauthorized
population tripled from
3.7 million to 12.2 million, then dipped to about 10.3
million people in 201964 , because new entrants were
outnumbered by deaths, undocumented people returning to their home country and
people becoming documented. The illegal
immigrant population was “largely stable” from 2007 to 20214. Source 9 indicates that there are an
additional 2.3 million who entered illegally between January 2023 through April
2024 and were released by DHS. Three
million undocumented people are Dreamers.77
2.
During President Biden’s administration, more
than 2.5 million have been released in the USA25 and 1.7 million
have evaded authorities22, for a total of 4.2 million or more, which
accounts for 36% of the total undocumented immigrants in the USA. Adding those convicted of crimes would push
this percentage closer to 40%. Source 77
says that since 2021, ~10 million immigrants have come in, more than 2/3
illegally. That’s a wide gap, 4.2
million to 6.7 million. Either way, if
we removed only the undocumented people who came in during the Biden
administration, it would still be a daunting task.
3.
Immigrants comprise 14.3% of the population, ~3.3%
are undocumented and 11% are here legally.
So, the undocumented are ~23% of the immigrant population in the
USA. In 2022, 49% of all immigrants in
the USA were naturalized citizens.40
I infer that 28% were here legally but not citizens.
4.
In FY23, we had a record high of 3.2 million
illegal immigrants stopped at point of entry. (Apology for lack of
documentation.)
5.
20165 2020 2023
Total Enforcements by year 805,071 730,000 3,070,000
The 2020 and 2023 numbers
were estimated from a chart at source 30.
Source 26 helps explain why you have to be careful drawing conclusions
from some of this data.
6.
We have about 134 million workers in the USA.29
7.
In 2022, 56% of the undocumented immigrants
living in the USA were from Mexico or Central America, 15% were from Asia, 9%
from South America; 8% from Europe, Canada and Oceania; 7% from the Caribbean,
3% from Africa and 2% from the Middle East.40
8.
About 23% of our immigrants are from Mexico,
followed by India (6%) and China (5%).
In 1960, Italy ranked first (13%) with Germany and Canada at 10%. In terms of ancestry of our residents,
Germany ranks first, followed by Mexico, the United Kingdom, Ireland and Italy.23
9.
In FY2023, the State Department issued 10.4
million temporary visas for tourists, international students, and others,
compared to 8.7 million in pre-pandemic 2019.
Part of the increase was because the State Department dispensed with
interviews. 74% were for tourists or temporary business visits, 9% were for
temporary workers or trainees and their families, and 8% were for students and
exchange programs.23
10.
Of those, 1.3 million were temporary workers and
their immediate families, including 311,000 H-2A seasonal agricultural workers;
266,000 H-1B specialty occupation workers; 132,000 H-2B non-agricultural
seasonal workers; and 77,000 L-1 intra-company transfers.23
11.
Those numbers pale compared to the 96.8 million foreign
nationals admitted by DHS for reasons other than immigration.23
12.
“On
average, fewer than 115,000 LPRs (legal permanent residents) became citizens
each year between FY 1950 and FY 1969, 145,000 in the 1970s, 210,000 in the
1980s, 500,000 in the 1990s, 685,000 during the 2000s, and about 730,000
between 2010 and 2019.” That rose to
969,000 in FY22.23
13. The
U.S. constitutes 5% of the world’s population, but almost 20% of global
migrants reside in the U.S.23
14.
Immigrants constitute 13.9% of our population,
which is relatively high but less than the peak
of 14.8% in 1890. In 1970, it dropped to
5%, an all-time low. Including their
children would come close to doubling the percentage.23
15.
Women slightly outnumber men among immigrants.23
16.
Nearly half (46%) of immigrants speak English
less than “very well”.23
17.
More than 75% of U.S. immigrants are here
legally.23
18.
26% of children have an immigrant parent (legal
or illegal).23
19.
We’ve been issuing between 700,000 and 1,200,000
green cards per year in the past decade, roughly half of whom seem to get them
while in the USA due to relatives or employment. They can also be obtained for humanitarian
reasons and by diversity lottery.23
20.
In FY23, 60,000 refugees were legally settled in
the USA, a bit less than half the cap that President Biden and Congress agreed
upon.23
21.
In FY23, 455,000 affirmative asylum requests
were submitted (people not in process of being removed) and 466,000 defensive
asylum requests (people who had entered the removal process). Each type had a backlog of about 1,000,000
applications. (Can’t find this source;
but Source 75 says a backlog of 3.7 million as of September 2024.)
22.
A survey of a caravan of Salvadoran migrants found
that nearly 52% cited economic opportunity as their motive for leaving the
region, 18% cited violence and insecurity, 2% cited family reunification, and
28% cited a combination of those factors.6
23.
There are 860,000 people protected under TPS (Temporary
Protected Status) and 528,000 people protected under DACA (out of
3.6 million Dreamers78, 5
24.
According to Pew Research40, about
4.6% of our 130 million households include an undocumented relative of the
householder or spouse. In 86% of these
households, either the householder or their spouse is an unauthorized immigrant. Almost 70% of these households include both
documented and undocumented residents.
(Pew cites 4.8% rather than 4.6% but then mentions that in 5% of the
households, the undocumented person is unrelated.) Of the 22 million people in households with
an undocumented immigrant, 4.4 million are USA-born children below age 18.
25.
In
2022, undocumented immigrant households paid $46.8 billion in federal taxes and
$29.3 billion in state and local taxes.2 Yet, before they are naturalized, undocumented
immigrants are unable to benefit from many of the programs they pay into,
including Social Security, Medicare, and unemployment insurance. In 2022,
undocumented immigrants paid $22.6 billion to Social Security and $5.7 billion
to Medicare.3
26.
In 2016, only 3% of detained individuals filed
for relief if they lacked an attorney, whereas 32% did so if they had attorney
representation. Those without an
attorney were successful 23% of the time, whereas those with attorneys were
successful 49% of the time.43
27.
See the “Downsides..” section for distribution
of immigrant workers by industry, total numbers and percentages.77
28.
Removals of immigrants from the interior (i.e.,
not border) peaked at 243,000 in 2009 and averaged 126,000 in the 2010s.77
29.
Net immigration hit a peak of 3.3 million in
2023 compared to 750,000/year in Trump’s first presidency and an average of
919,000 in the 2010s.77
Immigrants contribute to our economy (starting businesses,
being employees, paying taxes, etc.) and to our culture (diversity in food,
music, folklore, etc.). They teach us
about their homelands and help us develop language skills important to
diplomacy.
A tremendous value of immigrants is that many come from
countries which suppressed their freedoms; these immigrants cherish our
political, economic, and religious freedom and understand how fragile those
freedoms are. Most people born here take freedom for granted,
increasing the risk of loss of freedom because they don’t understand its
vulnerability and aren’t willing to sacrifice meaningfully to protect those
freedoms. We should carefully consider
the observations of such immigrants who also expose ways we fail to leverage
our cultural and educational advantages.
Source 36 has interesting data regarding freedoms around the
world.
Nonetheless, immigration brings risks. We can’t vet immigrants with 100%
certainty. Furthermore, the immigrants’ young
and future children can’t be vetted at all.
Such children often feel stressed trying to assimilate to our society while
balancing their parents’ culture and expectations. Security issues can arise with the second
generation (e.g., Boston Marathon).34
We must accept those risks to obtain the benefits of
immigration and to retain our national values, as expressed by the Statue of
Liberty: “Give me your tired, your poor, your huddled masses yearning to
breathe free, the wretched refuse of your teeming shore”.
It is worth remembering that we are all descendants of
immigrants. Even native Americans
immigrated.
The criteria for permitting people to immigrate is beyond
the scope of this paper, but I think those who helped us in foreign wars should
get first priority. We also seem to need
guest worker permits.
A sovereign country must be able to control its borders.37
Otherwise, it cannot defend itself.
However, the Statue of Liberty expresses a key historic
value of the USA: “Give me your tired, your poor, your huddled masses yearning
to breathe free, the wretched refuse of your teeming shore.” As noted above, we all descend from
immigrants.
You might find it relevant that the U.S. constitutes 5% of
the world’s population, but almost 20% of global migrants reside in the U.S.23
Even many of those who support “open borders” seem likely to
accept barring entry for cause, although the list of causes to bar entry would
not have unanimous support. They might
support deportation under some circumstances (treason, etc.).
I’m generally leery of saying “times have changed”. Claiming that “times have changed” can be an
easy way to justify abandoning principles without adequate introspection.
However, I do believe times have changed significantly
since our “manifest destiny” days. These
changes justify tightening our borders.
We should still promote immigration, while exercising our right
to limit it and to be selective as to who we admit. Some advocates for undocumented people, try
to paint opponents of illegal immigration as being anti-immigration. However, I suspect most people who are
opposed to illegal immigration do not oppose legal immigration.
Here are ten things that have changed dramatically since our
“manifest destiny” days:
1.
We no longer have seemingly unlimited land that
we’d like immigrants to settle and farm.
2.
As technology progresses, jobs generally require
more education and skills than in the past.
3.
Government-provided welfare increases the cost
of permitting unlimited immigration
4.
Increased population strains other government
and commercial services. (Consider Mayor
Adams’ observations about the impact of illegal immigration on New York City.38)
5.
Homelessness is an increasing problem. People can’t simply cut down abundant trees
to build a house.
6.
Drugs are more of a problem. As one example, more than 25 tons of fentanyl
have entered the USA under the Biden administration.22
7.
Modern transportation, communication, etc. make
it much easier to get here than it used to be, resulting in potential floods of
immigrants. International political and
economic instability also accelerates the number of people trying to enter the
USA.
8.
We no longer have unlimited natural resources to
offer. Cutting down trees is seen as
damaging the environment rather than growing the economy. More people means more fuel consumption and
air pollution, etc.
9.
There are security issues, at an individual
level and based on actions by countries which intend to harm us by sending in
spies, terrorists or other people likely to commit harm.
10.
Modern technology also makes it much easier to
do mass killings or other terrorist activity.
The lifeboat ethical problem may apply. If everyone in a lifeboat tries to stay
alive, the risk that they all perish increases.
The USA aspires to continue to stand out as an attractive place to live
and to become more attractive. It aims
to be a positive example for other countries.
Allowing immigration is part of the standard we hold high, but if open
borders were to undermine our ability to maintain our standards, we might
“throw the baby out with the bathwater”.
The difficult issues are who to deport and how to do so.
Generally, the first step is to secure our border. If we don’t, those we deport can re-enter and
more people can enter illegally.
Many people die while being smuggled across our porous
border.39 Securing our borders should reduce such deaths.
To me, a “wall” is an acceptable approach, even if it might
be unappealing. If I’m going to oppose
something, I’ll pick an issue more significant than a wall.
Once we’ve sealed the border, we can consider amnesty
programs. Amnesty programs prior to
sealing the border are problematic because they encourage more illegal entry. Had we sealed our border long ago, we
wouldn’t be facing this problem now.
While addressing valid concerns, mass deportation creates
the problems described below. Data on
undocumented people is, by its nature, difficult to get. Projections of costs are subjective and may
be biased. I have not thoroughly vetted
the studies I quote. (If you have better
estimates, I’m happy to receive them.)
Even if some estimates are exaggerated, there is potential for major
downsides to a mass deportation program.
1.
Mass deportation erodes our national values and
will stir strong disagreement among our citizens.
2.
It increases fear and distrust in our society.
3.
If done improperly, it can erode respect for
rules and authority.
4.
According to Pew Research40, about
4.6% of our 130 million households include an undocumented relative of the
householder or spouse. In 86% of these
households, either the householder or their spouse is an unauthorized immigrant. Almost 70% of these households include both
documented and undocumented residents.
(Pew cites 4.8% rather than 4.6% but then mentions that in 5% of the
households, the undocumented person is unrelated.) Of the 22 million people in households with
an undocumented immigrant, 4.4 million are USA-born children below age 18.
5.
Breaking up families can be very difficult for
both spouses and for their children. We should
avoid or minimize such trauma where possible.
Even if neither spouse is deported, or even eligible for deportation,
such trauma can exist from the fear and distrust mentioned above.
6.
If a parent is removed, their spouse and
children may require government services, which can be expensive. Deportation will lead to a decrease of $51,200 in
annual household income for these families, or 62.7 percent of their total
household income, on average.2
7.
If an employee is removed, the employer can be
harmed, which can result in a variety of harmful impacts on society. For example:
a.
Undocumented
people may comprise 4.8% of our employees40. It would be extremely hard to find replacement
workers in our current tight economy if many undocumented workers leave and the
borders are closed for others.
b.
President
Trump wants to stimulate the economy, as he did in his first term. That will be hard to accomplish if he
depletes the pool of workers.
c.
It
may be hard to spur legal immigration while mass deportation is in process.
d.
To
the degree that they are replaced, their replacements will cost more than what
the undocumented people were being paid.
e.
Source
3 has a table from Pew showing the percentage of undocumented workers who toil
in each of 15 industries.
i.
Many
of those jobs will be low-paying jobs that will stay vacant, creating
shortages. For example, half of our farm
workers are undocumented people28.
If their ranks are depleted, crops might go to waste.
ii.
An
estimated 14% of construction workers are undocumented people.2 Difficulty to find construction workers could
impact the cost of homes and economic growth.
The tables below are from source 77.
X``x
f.
The
higher-paid and vacant jobs will both contribute to increased inflation, which,
in turn, will drive costs higher.
g.
The
economy is not a zero-sum game.2 Source 1 reports on a study of the impact on
labor of the 2008-13 “Secure Communities” program that required state and local
police to send information to ICE (more info below). The researchers found that, in addition to
reducing the employment of undocumented people, Secure Communities also cost 1
USA-born citizen his/her job for every 11 undocumented people who lost their
jobs. Normally, I’d assume USA-born
citizens would replace some undocumented people. However, perhaps some businesses closed,
converted to technology that replaces humans, down-sided (due to lower consumer
demand), experienced US-born Hispanics cutting back on working for fear of
being erroneously deported, or lost workers because childcare was less
available or more expensive. (Source 3
addresses some of these points.)
h.
Government
income tax receipts are lower.3 In 2022 alone, undocumented
immigrant households paid $46.8 billion in federal taxes and $29.3 billion in
state and local taxes.2 Yet,
before they are naturalized, undocumented immigrants are unable to benefit from
many of the programs they pay into, including Social Security, Medicare, and
unemployment insurance. In 2022, undocumented immigrants paid $22.6 billion to
Social Security and $5.7 billion to Medicare.3
i.
According
to Source 2, “When at least 400,000 Mexicans left the United States early in
the Great Depression, often due to government coercion, the employment and
wages of U.S.-born workers decreased slightly, with workers without a college
degree affected most acutely. After the U.S. government ended the Bracero
Program in the 1960s, excluding nearly half a million Mexican seasonal farm
laborers, agricultural employment and wages did not rise for American workers
as intended and farmers suffered long-term declines in income and land value.”
j.
Florida
Senate Bill 1718 and 2011 Georgia legislation reportedly cost jobs by
restricting undocumented workers.2
8.
Some
legal immigrants as well as undocumented people, might quit jobs, work fewer
hours or be less productive because of their fear of being apprehended.
9.
Mass
deportation is likely to accidentally deport people who should not be deported.
10.
1,000,000
undocumented people are entrepreneurs.2 That’s 9% of the total number of immigrants,
which seems questionable. 16% are said
to be neighborhood stores; those might have to close if an owner is deported.
11.
Some
crime victims and witnesses would be less willing to speak with the police. Hispanic people also would become less likely
to claim government entitlements.
12.
Mass deportation costs a lot of money to
organize; find the undocumented people; process them, including any hearings;
house them while processing; and remove them.
By comparison, our incarcerated population is only 1.8 million.27 Mass deportation diverts attention and manpower
from other resources. The cost to remove
a person is estimated to be $13,000/person.3 Source
2 estimates $315 billion as the cost to remove 13.2 million people, which is
nearly $24,000/person, nearly twice as much as source 3 cites, even though source
3 assumes 20% will self-deport.
The “Secure Communities” program started at the end of
George W. Bush’s second administration and expanded greatly under President
Obama (2008-13), without specific legislative authority. It required state and local authorities to
inform ICE about each arrest so that ICE could request that the person be
released to ICE for consideration of deportation. The idea was to deport dangerous criminals
instead of putting them in jail.9 About 400,000 people were deported under this
program.2 However, 17% of those deported had not
committed any crime and another 79% had not committed a violent crime.3 This may be an example of how well-intended
programs can go awry; hence why we citizens must be vigilant and hold our
legislators, regulators and government employees accountable.
President Obama replaced “Secure Communities” with the
“Priority Enforcement Program (PEP), in 2015.
In January 2017, President Trump issued executive order 13768
reinstituting Secure Communities. in
January, 2021, President Biden revoked EO13768, seemingly ending these
programs.8 However, such data sharing continues under
the “Criminal Apprehension Program”.19
We must minimize such
problems.
People want to come here because the USA has always been a
land of freedom and opportunity and because their home countries may not be a
great place to live. The U.S. constitutes
5% of the world’s population, but almost 20% of global migrants reside in the
U.S.23
Thanks to the Borlaug revolution in agricultural production,
improved sanitary conditions and medical treatment, reduced fertility rates,
industrialization, and free trade, the percentage of people living in extreme
poverty in the world has dropped from more than 50% 200 years ago to about 10%
today 67, despite more than a 7-fold increase in population69,
70.
Despite such incredible progress, 84% still live in poverty
(i.e. less than $30/day 67).
So, coming to the USA is still extremely attractive. As explained in “Should the USA bar entry to,
and deport, people?”, I don’t think we can support all the people who would
like to be in the USA and can arrange to get here.
Following World War II, the UN passed its 1951 United
Nations Refugee Convention72 (subsequently updated from WWII
refugees to apply broadly in 196671). The core principle is non-refoulement
(Article 33): a refugee should not be returned to a country where they face
serious threats to their life or freedom.
(The principle allows deporting undocumented people to a third country.) The article excludes refugee status for
people who are reasonably considered to be dangerous.
A refugee is someone who has “a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a
particular social group, or political opinion”.
(“Well-founded” is a judgment call.
Although 80% of immigration judges deny most of their asylum appeals,
judges’ percentages of denials range from 5% to 100%. A lot of variability is due to the nature of
the cases arising in that court (country of origin, etc.), but case variation
can’t seem to explain a variation from 5% to 95% between judges in the same
court.)
Article 32 (Expulsion) is relevant: Except for compelling
reasons of national security, a refugee shall “be allowed to submit evidence to
clear himself, and to appeal to and be represented for the purpose before competent
authority or a person or persons specially designated by the competent
authority.” (This clearly requires that
refugees be given a hearing before expulsion.
The “be represented” wording suggests a right to counsel or an
ombudsman, etc. Does the competent
authority have to be a judge? What
quality and quantity of legal advice should refugees receive? The answers to these questions can impact
cost, time delay and denial rates. Our
system is clearly overwhelmed. Are
undocumented people coached on how to make a plausible case, whether true or
not?)
Article 31 says that countries cannot impose penalties on
refugees because they entered the country illegally directly from a territory
where their life or freedom was threatened.
(Many of our undocumented people did not enter directly from their
homeland.)
Countries can choose whether to accede to (i.e., join) the
convention and can accede with reservations.
Such reservations cannot disavow article 33 but can disavow article
32. Furthermore, countries can denounce
(remove from) the convention at any time.
So, the USA is not permanently legally bound to these conditions.
I did not see wording that would prohibit a country from
barring entry.
The bottom line is that we are not strictly required to
follow the convention and that there are areas where interpretation could
relieve what might be considered an impossible situation.
Generally, I’ve felt, perhaps unrealistically, that illegal
immigration did not have to be as big a problem as it has become. We could have:
1.
Secured our
border.
2.
Prosecuted visa violations (the major source of
undocumented people in the USA.64)
3.
And, then, after having implemented steps 1 and
2, we could have had an amnesty program for existing undocumented people.
The 1986 Immigration Reform and Control Act (also known as
the Simpson-Mazzoli Act or the Reagan Amnesty) intended to wrap stronger
enforcement and amnesty together, but the amnesty was granted (to undocumented
people who had entered the USA prior to 1982*) before stronger enforcement
occurred.62 Thus, those
favoring amnesty did not have to continue to support penalties for employers
who knowingly hired individuals unauthorized to work in the USA or other
enforcement. Strong enforcement never
came. Granting amnesty before securing
borders and related procedures is a clear recipe for failure because people
stream in anticipating future amnesty. *Farm
workers who could validate at least ninety days of employment also qualified
for lawful permanent residency.
Between 1990 and 2007 the U.S. unauthorized population tripled from
3.7 million to 12.2 million, then dipped to about 10.3
million people in 201964 , because new entrants were
outnumbered by deaths, undocumented people returning to their home country and
people becoming documented.
Under President Biden, the number of undocumented people has
risen to at least 11.7 million26 I don’t know how to square that 1.4 million
net increase since 2019 with reports that President Biden’s administration
released more than 2.5 million undocumented people into the USA25
and another 1.7 million having evaded authorities22, which suggests
that 36% of the total undocumented immigrants in the USA entered under Biden’s
administration.
Some of Biden’s comments, whether appropriate or not,
encouraged people to flock to our border.
For example, the proposed US Citizenship Act of 2021 would have created
a road for citizenship for most undocumented residents. I don’t think it is productive for me to
review President Biden’s actions, but if you look at the Project 2025 section,
you’ll see some Biden actions that P2025 suggests be reversed.
We currently have 11,700,000 undocumented residents26
and a backlog of about 3,700,000 asylum applications.74 (Source 23 says the backlog is only
2,000,000)
In FY22, 969,000 legal permanent residents became citizens,
compared to annual averages of 500,000 in the 1990s, 685,000 during the 2000s,
and 730,000 in the 2010s.23
In a 2018 survey, 52% of Salvadoran migrants cited economic
opportunity as their motive for leaving the region, 18% cited violence and
insecurity, 2% cited family reunification, and 28% cited a combination of those
factors.65
Violence and insecurity are generally related to crime and
gangs and may be related to domestic violence.
We may be sympathetic to such circumstances, but they don’t qualify as
“persecution”. It seems clear that
most of our undocumented people cannot satisfy the “well founded”
standard.
Although asylum is the only relief I saw in the UN
Convention, the US offers lower levels of relief, such as “withholding of
removal” and protection under the Convention Against Torture.61 Human Rights First points out that lesser forms
of relief have higher standards of proof (e.g., “more likely than not” compared
to “well-founded fear”).61 In
that case, P2025’s suggestion to limit the relief to asylum seems to make
sense.
The USA can deport people who participate in criminal acts,
are a threat to public safety, or violate their visa.11 To be clear, entering the country illegally
is a criminal act. (But simply being an
undocumented person is a civil violation, not a crime. That is, violating visa requirements is not a
crime.)
The foreign national may be held in a detention center
before trial or deportation.11
Unless “expedited removal” applies (see below), people
accused of being undocumented are subject to removal under the Immigration and
Nationality Act (INA) § 240 and are entitled to: 18
·
the right to counsel (but according to source 17,
this does not apply to deportation hearings because they are civil cases or
only misdemeanors.)
·
appear at a hearing before an immigration judge.
·
present evidence, and
·
appeal an adverse decision.
Asylum will be granted if the applicant has “a well-founded
fear of being persecuted for reasons of race, religion, nationality, membership
of a particular social group, or political opinion” unless the applicant has61:
·
Engaged in the persecution of others or
terrorist activity
·
Been convicted of a particularly serious crime
and constitute a danger to the USA or, if there are serious reasons to believe
they committed, a serious nonpolitical crime outside the USA)
·
Created reasonable grounds to be regarded as a
danger to the security of the USA
·
Been “firmly resettled” in another country
before arriving in the USA
·
Not filed their application within one year of
arrival, absent changed/extraordinary circumstances
·
Previously been deported or did not apply for
asylum within one year of arriving in the United States, are barred from
asylum.42
Asylum evidence may simply be applicant testimony, but a
stronger case is made if that testimony is buttressed by police, health or
other applicant-specific records, documentation of the situation in their
homeland, etc. Most need to be translated.
Applicants are screened biometrically against law enforcement databases. Significant resources are applied to detect
fraudulent documents. A downside for frivolous
requests for asylum is that the perpetrator is permanently banned.61
Despite the previous paragraph from Human Rights Watch, PBS17says
that documents do not have to be authenticated, and hearsay evidence is
admissible. This could mean that
evidence supporting the applicant’s case is sometimes scrutinized more closely
than evidence challenging the applicant’s case.
PBS also cites mass hearings as opposed to individual hearings.
However, “expedited removal” (INA, § 235(b)(1)) restricts
those rights and applies broadly at point of entry and also to those who have
been here less than two years (unless they were admitted or paroled into the
USA by immigration authorities).18
DHS has applied expedited removal at point of entry and for
those apprehended within 100 miles of the border within 14 days from
entry. But, prior to 2019, DHS applied
expedited removal to other people who have been here less two years only if
they arrived by sea.18 That was simply restraint on the part of
DHS. In 2019, the Trump administration expanded
the policy to apply to all those here less than two years, unless admitted or
paroled. A federal district court
enjoined that change, but the D. C. Circuit court reversed that decision. Then, under President Biden that expansion
was reversed, citing operational constraints and limited enforcement
resources. While I can appreciate that
the Biden administration wanted to be more sensitive to undocumented people,
its logic escapes me, as expedited removal requires less resource than the
normal removal process.
It seems clear that President Trump will once again expand
the use of expedited removal to those who have been here less than two years
without having been admitted or paroled into the USA by immigration.
A person can be released from expedited removal, after an
administrative hearing, if the alien:18
·
wants to apply for asylum or has “credible fear”
of persecution if returned. If an asylum
officer concludes that the fear seems credible, the undocumented person is
placed in formal review. If the asylum
officer concludes that there is a lack of credible fear, the undocumented
person can appeal to an immigration judge.
(Hence, false claims of fear of persecution can throw a big monkey
wrench into deportation efforts.) The
percentage of asylum requests granted varies greatly from court-to-court and
judge-to-judge.46
·
claims to be either a U.S. citizen, lawful
permanent resident (LPR), admitted refugee, or asylee. These claims also are heard by an immigration
officer whose negative evaluation can be appealed to a judge. A person charged with being undocumented can
initiate a habeas corpus proceeding for these reasons or to claim that they
were not ordered to be removed by expedited removal.
·
Is an unaccompanied minor.
There are 3 forms of relief:
·
With asylum42 people can work in the
USA, qualify for Social Security and other government programs, travel abroad,
and bring in family members into the USA.
·
Withholding of removal42 is temporary
protection which can be revoked if conditions improve in a person’s home
country and does not preclude deportation to a country other than the person’s
homeland. To maintain this status, a
person cannot leave the USA, bring family members into the USA, or become
citizens. Such protection may be granted
for a parent yet rejected for the parent’s child.
·
Protection under the United Nations “Convention
against Torture (CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment”
41 is harder to achieve than “Withholding of Removal” and is somewhat
stricter. Article 3 of
the convention says “No State Party shall expel, return
("refouler") or extradite a person to another State where there are
substantial grounds for believing that he would be in danger of being subjected
to torture.”
The expedited removal process can be challenged in court
within 60 days of the implementation of the challenged provision, regulation,
directive, guideline or procedure. A
person charged with re-entry a second time can challenge only their first
deportation.
I’ve heard the term “voluntary departure” used in a way that
sounds as though the individual chooses to leave the USA to avoid getting
caught. However, “voluntary departure”
is a defined term that refers to people leaving the country after having
received a notice from the government.
I found much less documentation for self-deportation42. Essentially, the hope is that as the USA has
announced a major effort to accomplish mass deportation, undocumented people
will voluntarily depart without having been apprehended. This would be a quick and inexpensive way for
undocumented people to be removed.
People might choose to self-deport because they are
convinced that they will be caught and deported. They might not like living under such
pressure. They might give up hope of being
able to bring in family members, etc.
A key possibility is
that they hope family members in the USA can arrange for a green card (I-130
petition) for them. Some may qualify for
entry under the CHNV program (Cubans, Haitians, Nicaraguans and Venezuelans)20
or a similar program. If they are
removed or deported, their rights to re-enter are limited. So self-deportation might be preferable.
If people have hope of being able to immigrate in the
future, self-deportation is more attractive.
Perhaps publicizing opportunities for future immigration might help
stimulate self-deportation.
But do we want someone who has lived here peacefully for 10
years, is married to a US citizen and has 3 children and a responsible job to
feel a need to pre-emptively depart? Do
we want them and their family to live fearful of deportation?
It seems reasonable to have a time limit beyond which only
“for cause” deportations will occur.
In Voluntary Departure12, instead of being
deported to your homeland at USA expense, you voluntarily leave at your own
expense.
You are not eligible for Voluntary Departure if DNS charges
you with Aggravated Felony (as defined in section 101(a)(43) of the Immigration
and Nationality Act) and the immigration judge agrees.(2)
Examples of such “Aggravated Felony” include violent sex
crimes; firearms offenses; alien smuggling (unless it was your first alien
smuggling crime and you were helping only your husband, wife, child, or
parent); fraud, income tax evasion, or money laundering over $10,000;
trafficking in firearms, explosive devices or drugs; crimes for which you
received a sentence of one or more years.
I heard someone on TV suggest that people would have a
hearing before a judge. However, that is
not the case if they are subject to “expedited removal” (see above).
People incarcerated in state prisons for non-violent crimes
can be granted early release if they agree to be deported. This program currently is being done in AZ,
GA, MD, NH, NY, PR, and WA. These states
have saved $477 million as a result of Rapid REPAT.12
President Trump might encourage more states to do this. I don’t have a problem with this approach.
In this program, ICE asks federal and local governments to
agree, prior to releasing them from detention, to detain undocumented people
who have been sentenced for aggravated felony.
ICE will take responsibility for those individuals so the deportation
process can start.19
The document describing CAP refers to “noncitizens who the
agency has probable cause to believe are amenable for removal”. That wording surprised me. I don’t understand how that works.
Some jurisdictions do not cooperate with this program and
some others do so minimally. These jurisdictions
provide sanctuary.
Most of the information in this section comes from www.justice.gov/sites/default/files/eoir/legacy/2013/01/22/Voluntary%20Departure%20-%20English%20%2813%29.pdf
After being Removed or Voluntary Departure, you need “advance
consent” (or “extreme hardship waiver” due to burden on U.S. citizen parent,
spouse or child) from DHS to re-enter, but there are “bars” (periods of time
for which you are barred from re-entry).
You must have a temporary visa, a valid passport, or a green card and a
strong statement supporting re-entry.
Bars if you were Removed:
·
Apprehended at entry; first offense: 5 years
·
First removal after living here for a year
illegally: 10 years
·
Second, third, etc. removal: 20 years
·
Convicted of an aggravated felony: never
Bars after Voluntary Departure:
·
If you were here illegally more than 180 days,
but less than one year: 3 years, unless a judge granted you Voluntary
Departure.
·
If you were here a year or more: 10 years
If you leave pre-emptively but the government discovers your
prior illegal status when you apply for entry, I think the same bars apply as
for Voluntary Departure.
Time that does not count against you:
1.
Under age 18
2.
While reasonable asylum applications are pending
(unless were employed without authorization)
3.
Family Unity: time while awaiting for green card
after spouse or child secured green card through amnesty or field work.
4.
Entered because of being a battered spouse or
child
5.
While lawfully admitted as a non-immigrant if
you did not violate the terms
6.
Time pending approval of submitted green card
application
7.
While on Voluntary Departure
Under some circumstances, you can lose your opportunity to
re-enter if you displayed a lack of good moral character in the past five years. Examples: having spent six months or more in
jail or prison; having been a habitual drunkard; income derived principally
from illegal gambling activities; convictions for 2 or more gambling offenses
committed; false testimony to get immigration benefits; convicted or admit
committing any of the following offenses: crime of moral turpitude (could
include theft, larceny, fraud, aggravated assault or other crimes of dishonesty
or violence; whether intentional or carelessness; drug offense, except one
offense of simple possession of 30 grams or less of marijuana; 2 or more offenses
with aggregate sentences to confinement actually imposed of 5 years or more;
drug trafficking; prostitution; commercialized vice; or knowingly helping
another alien to enter or to try to enter the U.S. unlawfully.
Forms for applying for re-entry can be found at https://www.uscis.gov/i-212.
Although President Trump has disavowed any knowledge of
Project 2025 (“P2025”), some creators of P2025 clearly have his ear. Thus, I reviewed the 922-page document’s47
extensive recommendations for border security, immigration, and deportation and
for departments involved in such issues.
Many goals are identified as requiring Congressional action; there seems
to be little expansion of executive power relative to these issues. I’ve summarized my research into the
following 16 bullets and have sprinkled in a few page references from P2025;
most of this discussion is between pages 130-160.
1.
P2025 recommends massive reorganization and
process changes to improve planning and coordination while lowering cost. It would tighten grant compliance review to
assure that grant expectations are met and resurrect the Trump Administration condition that grant awardees share
information between federal and local authorities about an individual’s
immigration status, thereby preventing law enforcement in “sanctuary cities”
from receiving grant awards.
2.
P2025 would increase attention on alien smuggling, trafficking, and cross-border crime.
3.
It would increase funding for detention beds,
officers (p. 143) and increase fees, etc.
4.
It would focus immigration on the “best and
brightest” (ending the diversity lottery and chain immigration) and stop
issuing T and U visas (P2025 believes S visas can handle the needs).
5.
It would support USA citizens’ employment
opportunities by capping and phasing out seasonal H-2A (agricultural) and H-2B
(non-agricultural) visas* , p. 138); narrow statutory eligibility to work in
the USA; strictly enforce rules against importing items made by forced labor;
require government contracts to hire USA citizens (70% grading to 95% in 10
years)* and allow businesses to favor USA citizens. (*For these suggestions,
the alternative view is documented, making these less hearty suggestions.)
6.
It would build a border wall, increase horseback
patrols; reinstate and Title 42 (COVID removal) and expand it to expel undocumented
people immediately under conditions such as loss of operational control of the
border, and reinstate “Remain in Mexico”. It would allow DHS (with the President’s
approval) to bar entries from particular countries if a flood of migrants is
heading to the USA (this is an extension of power; p. 156).
7.
Other countries would be required to permit visa
reciprocity and would be sanctioned under section
243(d) of the Immigration and Nationality Act (INA), if they fail to accept the
return of any of their nationals who have been ordered removed from the
USA. Asylum Cooperative Agreements48 with the Northern Triangle Countries would be reinstated
immediately and third country (transit) rules49 would be codified.
8.
P2025 would
eliminate Notices to Report (NTR), in favor of Notices to Appear (NTA) which
initiate a formal court proceeding. It
would follow the Information and Naturalization Act (INA) by allowing expedited
removal for undocumented people who have been here two years or less. (Current
practice has been to apply expedited removal only to people apprehended within
100 miles of the border or who arrived by boat.) It would eliminate the
Temporary Protected Status50 designation and raise “credible fear” standards to the level required for asylum. Domestic and gang violence would not justify
asylum. P2025 says Congress should explicitly permit programs akin to the
Prompt Asylum Claim Review (PACR)51 and Humanitarian Asylum Review Process
(HARP)52 which require those seeking asylum to make their case without
seeking attorneys to represent them.
9.
P2025 would reduce the practice of closing cases
and instead apply the INA rules. It
would not let undocumented people post bond to be released into the USA. It would follow the law on work
authorizations and revoke improper past authorizations; reduce the validity of
employment authorization documents; and end COVID flexibilities, including biometrics
reuse. It would have Congress create
specific parole standards and reassert control of
employment authorization which would be limited to specific categories of legal
immigrants and non-immigrants. P2025
would restrict prosecutorial discretion; create consistent use of “shall”
be detained rather than the current mix of “shall” and “can” ; and require that
forms and interviews be complete. If no
court has jurisdiction, it would allow court rulings to be ignored (p. 146). Staff
would no longer be distracted with unlawful programs such as DACA and mass
parole for Afghans, Ukrainians and Venezuelans.
10.
P2025 would authorize rooting out security risks
in the Student and Exchange Visitor Program and remove rules restricting ICE
from sensitive areas (such as schools, places of worship and hospitals),
trusting them to exhibit good judgment (p. 142). It would encourage ICE to use Blackies
Warrants53, 54, 55 for worksite enforcement and it would mandate
E-Verify.
11. Undocumented
people can be denied green cards if they appear likely to be on the public
dole. P2025 would require that
applicants rejected for any benefit or status adjudication leave the USA
immediately, at least until USCIS has eliminated case backlogs. P2025 says 15%–20%
of CISOMB’s workload is helping DACA applicants obtain and renew benefits,
including work authorization. P2025 says
this is not the role of an ombudsman and that the government should be a
neutral adjudicator, not an advocate for undocumented people.
12. P2025
would halt funding of NGOs to move undocumented people around the USA. It suggests that Congress
end the Flores Settlement Agreement by explicitly setting nationwide terms and
standards for family and unaccompanied detention and housing, focused on
meeting human needs; allow large-scale use of temporary facilities (for
example, tents); and repeal
Section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (TVPRA), which provides benefits for unaccompanied
undocumented children.
13. It suggests that
Congress eliminate the Office of the Immigration Detention Ombudsman and the
Office of the Citizenship and Immigration Services Ombudsman,
14. P2025 says Congress
should unequivocally authorize state and local law enforcement to participate
in immigration and border security actions in compliance with Arizona v.
United States (page 150).
15. It says Congress should require state and local governments
to share information about criminal aliens and comply with
immigration detainers; eliminate
states’ ability to demand detention rules; and create financial disincentives for jurisdictions
to implement official or unofficial sanctuary policies.
16.
P2025 recommends that the incoming
administration consider withdrawing every immigration decision rendered during
President Biden’s term and promulgating every immigration decision issued
during the first Trump Administration.
Generally, I have been opposed to citizens, cities, and
states providing sanctuary, but the history of the Nazis is one of many
examples that demonstrate that there is a limit after which providing sanctuary
is a moral requirement.
Our responsibility is, first of all, to keep the situation
from deteriorating into a situation that would justify sanctuary.
However, if it does deteriorate to such a degree, our
responsibility is to support sanctuary efforts.
Mass Deportation papers
- Mass Detention explained:
https://immigrationforum.org/article/mass-deportation-in-the-u-s-explainer/. This source has a reference to Reno v.
Flores which does not confirm what the article says about it.
- Mass Deportation,
devastating costs: https://www.americanimmigrationcouncil.org/research/mass-deportation
- Brookings Institution
Labor Impact of Mass Deportation, September 2024 by Chloe East: https://www.brookings.edu/articles/the-labor-market-impact-of-deportations/
- Mass deportation reduces
employment of USA citizens: https://www.journals.uchicago.edu/doi/10.1086/721152
- See #74, 77
Secure Communities
- The government’s
description of Secure Communities: https://www.ice.gov/secure-communities
- Secure Communities: https://econofact.org/secure-communities-broad-impacts-of-increased-immigration-enforcement
- Critique of Secure
Communities program: https://www.americanimmigrationcouncil.org/research/secure-communities-fact-sheet
- Secure Communities: https://en.wikipedia.org/wiki/Secure_Communities
- Secure Communities,
Sanctuary Cities data in President Trump’s first term: https://trac.syr.edu/immigration/reports/489/
- Secure Communities
results 2009 through July 2020: https://trac.syr.edu/phptools/immigration/secure/
Deportation processes
- https://www.usa.gov/deportation-process
- How To Apply For
Voluntary Departure: www.justice.gov/sites/default/files/eoir/legacy/2013/01/22/Voluntary%20Departure%20-%20English%20%2813%29.pdf
- Filing a Civil Rights
complaint: https://www.dhs.gov/file-a-civil-rights-complaint
- ICE returns illegal
aliens to their home countries by airplane: https://www.ice.gov/factsheets/ice-air-operations
- Prisoner early release in
order to be deported (Rapid Repat program): https://www.ice.gov/doclib/news/library/factsheets/pdf/rapidrepat.pdf
- Forms to apply for
re-admission: https://www.uscis.gov/i-212
- Rights of illegal
aliens: https://www.pbs.org/newshour/politics/what-constitutional-rights-do-undocumented-immigrants-have
- Expedited removal: https://crsreports.congress.gov/product/pdf/IF/IF11357
- Criminal Apprehension
Program: https://www.ice.gov/identify-and-arrest/criminal-apprehension-program
- CHNV program (Cubans,
Haitians, Nicaraguans and Venezuelans): https://www.uscis.gov/CHNV
- CBP One App: https://immigrationforum.org/article/cbp-one-fact-sheet-and-resources-directory/
See 43 Self-Deportation
See 48 Asylum Cooperative
Agreements
See 49 Third Country Transit
rules: https://www.federalregister.gov/documents/2020/12/17/2020-27856/asylum-eligibility-and-procedural-modifications
See 50 Temporary Protected Status:
https://www.uscis.gov/humanitarian/temporary-protected-status#:~:text=The%20Secretary%20of%20Homeland%20Security,may%20also%20be%20granted%20TPS.
See 51 Prompt Asylum Claim Review:
https://immpolicytracking.org/policies/trump-administration-testing-new-program-prompt-asylum-claim-review/
See 52 Humanitarian Asylum Review
Process: https://immpolicytracking.org/policies/trump-administration-implementing-the-humanitarian-asylum-review-process-harp-to-expedite-asylum-applications-from-mexican-nationals/
See 53 Blackies Warrants case
history:https://clearinghouse.net/case/10136/
See 54 Blackies Warrants argument
to use in sanctuary cities: https://cis.org/Cadman/Feds-Should-Use-Blackies-Warrants-Challenge-Sanctuary-Cities
See 55 ACLU re: dragnet raids
(Blackies Warrants might be used): https://www.aclusocal.org/en/news/aclu-joins-coalition-calling-ins-end-abusive-immigration-raids
See 56 “Public charge”
See 58 and 59 Parole
See 60 HARP
See 64 Moving Beyond Border
Security and Amnesty
Statistics and general info
- Border protection under
Biden: https://budget.house.gov/imo/media/doc/ogr_icymi.pdf
- Immigration statistics: https://www.migrationpolicy.org/article/frequently-requested-statistics-immigrants-and-immigration-united-states-2024
- DHS 2016 Statistics: https://www.ice.gov/news/releases/dhs-releases-end-fiscal-year-2016-statistics#:~:text=Overall%2C%20in%20FY%202016%2C%20the,to%20235%2C413%20in%20FY%202015.
- Immigration data, 2024: https://www.factcheck.org/2024/02/breaking-down-the-immigration-figures/
- Why the number of DHS
”encounters” and estimated “gotaways” has always greatly
exceeded undocumented population growth: https://cmsny.org/us-undocumented-population-increased-in-july-2023-warren-090624/#:~:text=The%20total%20undocumented%20population%20increased,%2D2001%20(Figure%202).&text=Figure%203%20shows%20trends%20in,the%20provisional%20estimates%20described%20here. 11.7 million
- 1.8 million incarcerated
people: https://en.wikipedia.org/wiki/Incarceration_in_the_United_States#:~:text=Approximately%201.8%20million%20people%20are,federal%20prisons%20or%20local%20jails.
- Immigration
and Agriculture - New American Economy Research Fund 50% of farm
workers
- Full-time
employees U.S. 2024 | Statista 134 million workers
- Statistics on illegal
immigration and border crossings: https://usafacts.org/articles/what-can-the-data-tell-us-about-unauthorized-immigration/
- 2016 increased illegal
apprehensions: https://www.ice.gov/remove/removal-statistics/2016#:~:text=Increased%20Illegal%20Migration%20and%20CBP,244%2C510%20intakes%20in%20FY%202016.
- FEMA
worker fired for directing relief response away from homes with pro-Trump
signs : NPR
- 35,000 people with
criminal records were apprehended in FY23.22 43,300 convicted undocumented people
were apprehended by the Secure Communities program in 2017.9 The Secure Communities program was
resurrected on January 25, 2017, so the 43,300 is not a full mature year
figure and does not include criminals apprehended through other
programs. Even if the Trump
deportation program accelerated 6 years of criminal apprehensions into one
year, the number would not exceed 300,000.
- Boston
Marathon bombing - Wikipedia
- Sovereignty |
Definition, Characteristics, Types, History, & Facts | Britannica
- Constitutional
Rights Origins and Travels - Around the World
- Sovereignty:
Existing Rights, Evolving Responsibilities
- NYC
mayor puts $12 billion cost on migrant crisis, blames 'broken' national
immigration system - POLITICO
- How
U.S. policies contributed deaths of undocumented immigrants in the Arizona
Desert - Futuro Investigates
- What
we know about unauthorized immigrants living in the U.S. | Pew Research
Center
- United Nations Convention
Against Torture: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-inhuman-or-degrading
- The difference between
asylum and withholding of removal: https://www.americanimmigrationcouncil.org/research/asylum-withholding-of-removal#:~:text=Withholding%20of%20removal%20provides%20a,that%20offers%20even%20fewer%20benefits
- Self-Deportation: https://scholarship.law.georgetown.edu/facpub/2311/#:~:text=Authors,the%20threat%20of%20direct%20deportation..
- Green
Card for Immediate Relatives of U.S. Citizen | USCIS
- Asylum Success Varies
Widely Among Immigration Judges
- Distribution of Asylum
seekers by homeland country: Jennifer
M. Riedthaler-Williams -- Cleveland
- Project 2025: https://static.project2025.org/2025_MandateForLeadership_FULL.pdf
- Asylum Cooperative
Agreements: https://justiceforimmigrants.org/wp-content/uploads/2020/02/ACA-Final-1-24-2020.pdf. These allow the USA to send people to
Guatemala, El Salvador or Honduras to seek asylum in those countries or to
apply for USA asylum from those countries.
We have a similar agreement with Canada.
- Third Country Transit
rules: https://www.federalregister.gov/documents/2020/12/17/2020-27856/asylum-eligibility-and-procedural-modifications
- Temporary Protected
Status: https://www.uscis.gov/humanitarian/temporary-protected-status#:~:text=The%20Secretary%20of%20Homeland%20Security,may%20also%20be%20granted%20TPS.
- Prompt Asylum Claim
Review: https://immpolicytracking.org/policies/trump-administration-testing-new-program-prompt-asylum-claim-review/
- Humanitarian Asylum
Review Process: https://immpolicytracking.org/policies/trump-administration-implementing-the-humanitarian-asylum-review-process-harp-to-expedite-asylum-applications-from-mexican-nationals/
- Blackies Warrants case
history:https://clearinghouse.net/case/10136/
- Blackies Warrants
argument to use in sanctuary cities: https://cis.org/Cadman/Feds-Should-Use-Blackies-Warrants-Challenge-Sanctuary-Cities
- ACLU re: dragnet raids
(Blackies Warrants might be used): https://www.aclusocal.org/en/news/aclu-joins-coalition-calling-ins-end-abusive-immigration-raids
- “Public charge” (deny
green card applicant who would become a “public charge”): https://keepyourbenefits.org/en/na/resources#:~:text=The%20Public%20Charge%20rule%20focuses,used%20by%20their%20family%20members.
- Immigration and
Naturalization Act: https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act
- Parole: Biden
administration has admitted more than 1 million migrants into U.S. under
parole policy Congress is considering restricting - CBS News
- Appendix
2: Humanitarian Parole Information
- HARP: https://immpolicytracking.org/policies/trump-administration-implementing-the-humanitarian-asylum-review-process-harp-to-expedite-asylum-applications-from-mexican-nationals/#/tab-policy-documents
- Standards for https://humanrightsfirst.org/wp-content/uploads/2023/11/Basics-of-Asylum-Factsheet-formatted.pdf
- 1986 Immigration reform: https://guides.loc.gov/latinx-civil-rights/irca#:~:text=U.S.%20law%20required%20qualified%20applicants,and%20the%20Department%20of%20Labor.
- 1986 Immigration reform: https://www.npr.org/2010/07/04/128303672/a-reagan-legacy-amnesty-for-illegal-immigrants
- Moving Beyond Border
Security and Amnesty: https://bipartisanpolicy.org/blog/moving-beyond-amnesty-and-border-security-as-the-solutions-for-undocumented-migration/#:~:text=I%20n%201986%2C%20President%20Ronald,in%20controlling%20future%20unlawful%20immigration.
- Causes of Central
American Immigration:https://crsreports.congress.gov/product/pdf/IF/IF11151/1
See #77-79
Immigration: See 23, 25, 44-46, 56-57, 61-65, 77-79
Global Population and Poverty
- How
much has global poverty fallen over the past 25 years? | World Economic
Forum
- Extreme
poverty: How far have we come, and how far do we still have to go? - Our
World in Data
- Borlaug’s
Vision and Impact
- World
Population by Year - Worldometer
- World Population
Clock: 8.2 Billion People (LIVE, 2024) - Worldometer
United Nations Conventions
- 1966 UN Protocol
relating to the Status of Refugees | OHCHR
- The
1951 Refugee Convention | UNHCR
74.
See 41 United Nations Convention Against Torture
Others
75.
Complexity of Mass Deportation: https://www.nytimes.com/2024/11/21/opinion/trump-mass-deportation-immigration.html?searchResultPosition=1
- Asylum Success Datahttps://trac.syr.edu/reports/703/
- https://www.wsj.com/economy/jobs/trump-immigration-policy-job-growth-567fb3cd
- https://immigrationforum.org/article/fact-sheet-on-deferred-action-for-childhood-arrivals-daca/
- https://www.uscis.gov/humanitarian/temporary-protected-status#Countries%20Currently%20Designated%20for%20TPS