Photo by John Moore/Getty Images
A man is prepared for a deportation flight bound for El Salvador, December 2010
A review of deportation cases announced almost a year ago by the Obama administration is having limited success when it comes to weeding out and closing the cases of people eligible to stay in the country, let alone alleviating the backlog in the immigration courts.
According to U.S. Immigration and Customs Enforcement, as of July 20, there had been 7,186 deportation cases administratively closed nationwide as a result of prosecutorial discretion reviews that began late last year, with federal staff reviewing more than 350,000 cases.
Of these, about 6 percent have been identified as "provisionally eligible" for prosecutorial discretion, meaning this relatively small number of immigrants meet the criteria established that makes them a "low priority" for deportation. Included in the criteria: a clean record, close ties to the United States, having lived in the U.S. since childhood, having served in the military or being part of a military family, or having achieved or attempting a college education.
The review of some 300,000 deportation cases in the nation's backlogged immigration courts recently led to some confusing headlines after U.S. Immigration and Customs Enforcement announced that about 16,500 pending cases would be temporarily put on hold, which some translated into these cases being "shelved."
But that's not exactly how it works. As the review process continues, there are no guarantees for those so far deemed eligible for relief. And even for the few spared removal to date, the future is uncertain.
Here's some of the recently released ICE data on the deportation reviews, followed by an explanation of what it means. From ICE:
• In total, ICE has reviewed 219,554 pending cases with approximately 16,544, or 7.5%, identified as amenable for prosecutorial discretion as of April 16, 2012.
Are the prosecutorial discretion guidelines issued by the Obama administration last year having an effect on the number of deportation cases that the administration is pursuing?
A new Syracuse University report suggests yes, federal immigration officials say no, and some lawmakers are calling "amnesty" nonetheless.
First, the report: Issued in recent days by the Transactional Records Access Clearinghouse at Syracuse University, the number of deportation proceedings begun in the nation's immigration courts between October and December of last year (the first quarter of federal fiscal year 2012) "fell sharply to only 39,331 — down 33 percent from 58,639 filings recorded the previous quarter," a drop of more than 10,000 cases filed. The report notes that since filings are typically lower at that time of year, the numbers were adjusted for seasonal drop-off. It continues:
During the past week, Multi-American has been counting down the biggest and most influential immigration stories of 2011. That's not to say there were only five: It's been a major year for stories related to the immigration debate, especially as the battleground has shifted to the states, record deportations have continued, and the Obama administration's expansion of federal-local partnerships such as the Secure Communities fingerprint sharing program continues to draw controversy.
Stories that didn't make the list are also worth mentioning, among them the passage of state tuition-aid bills for undocumented students like the California Dream Act and the continued steep drop in illegal border crossings - even as illegal immigration remains a popular talking point for candidates seeking the presidency in 2012. Here are M-A's choices for top stories of the year.