WASHINGTON (By Spencer S. Hsu
and Andrew Becker, Washington
Post) March 28, 2010
―
Seeking to reverse a steep drop
in deportations, U.S.
immigration authorities have set
controversial new quotas for
agents. At the same time,
officials have stepped back from
an Obama administration
commitment to focus enforcement
efforts primarily on illegal
immigrants who are dangerous or
have violent criminal
backgrounds.
The moves, outlined in internal
documents and a recent e-mail by
a senior U.S. Immigration and
Customs Enforcement official to
field directors nationwide,
differ from pledges by ICE chief
John T. Morton and his boss,
Homeland Security Secretary
Janet Napolitano, to focus
enforcement on the most
dangerous illegal immigrants.
That approach represented a
break from the mass factory
raids and neighborhood sweeps
the Bush administration used to
drive up arrests.
In a Feb. 22 memo, James M.
Chaparro, head of ICE detention
and removal operations, wrote, despite record
deportations of criminals, the
overall number of removals was
down. While ICE was on pace to
achieve "the Agency goal of
150,000 criminal alien removals"
for the year ending Sept. 30,
total deportations were set to
barely top 310,000, "well
under the Agency's goal of
400,000," and nearly 20 percent
behind last year's total of
387,000, he wrote.
Beyond stating ICE enforcement
goals in unusually explicit
terms, Chaparro laid out how the
agency would pump up the
numbers: by increasing detention
space to hold more illegal
immigrants while they await
deportation proceedings; by
sweeping prisons and jails to
find more candidates for
deportation and offering early
release to those willing to go
quickly; and, most
controversially, with a "surge"
in efforts to catch illegal
immigrants whose only violation
was lying on immigration or visa
applications or reentering the
United States after being
deported.
"These efforts must be sustained
and will be closely monitored,"
Chaparro told field directors in
the e-mail, which was obtained
by the Center for Investigative
Reporting and The Washington
Post.
ICE spokesman Brian P. Hale
distanced the agency from
Chaparro's remarks, saying,
"Portions of the memo were
inconsistent with ICE,
inconsistent with the
administration's point of view
and inconsistent with the
secretary." He added the
agency has moved to "clarify"
the situation.
Chaparro issued a new memo
Friday stating his earlier
e-mail "signals no shift in the
important steps we have taken to
date to focus our priorities on
the smart and effective
enforcement of immigration laws,
prioritizing dangerous criminal
aliens . . . while also adhering
to Congressional mandates to
maintain an average daily
detention population and meet
annual performance measures."
In the new memo, Chaparro did
not alter or rescind any of the
strategies he had laid out.
An immigration official said
deportations are falling mainly
because the focus on criminals
has added a complication: It
takes an average of 45 days to
deport criminals, compared with
11 days for non-criminals,
creating a shortage of detention
beds. The number of beds was
also limited because costs were
higher than Congress expected,
the official said.
Deportations of convicted
criminals climbed 19 percent in
2009 and are on pace to climb 40
percent this year, while
deportations of non-criminal
illegal immigrants fell 3
percent and are on pace to drop
33 percent this year, agency
officials said.
Advocates on the right and left
pounced on the memo and other
ICE documents, saying they
showed the agency is being
neither tough nor consistent in
targeting the worst offenders.
"We cannot allow a preoccupation
with criminal aliens to obscure
other critical ICE missions,"
Rep. Harold Rogers (Ky.), the
ranking Republican on the House
Appropriations subcommittee for
homeland security, said in a
statement released by his
office. "At best, it appears as
though immigration enforcement
is being shelved and the
Administration is attempting to
enact some sort of selective
amnesty under the cover of
'prioritization.'"
Joan Friedland, immigration
policy director at the National
Immigration Law Center,
countered quotas will encourage
agents to target easy cases, not
the ones who pose the greatest
safety risk.
"For ICE leadership, it's not
about keeping the community
safe. It's all about chasing
this 400,000 number," said Chris
Crane, spokesman for the
American Federation of
Government Employees Council
118, which represents ICE
workers.
Since November, ICE field
offices in Northern California,
Dallas and Chicago have issued
new evaluation standards and
work plans for enforcement
agents who remove illegal
immigrants from jails and
prisons. In some cases, for
example, the field offices are
requiring agents process an
average of 40 to 60 cases a
month to earn "excellent"
ratings.
Such standards present a
problem, said one San Francisco
area agent who spoke on the
condition of anonymity to avoid
reprisal. Instead of taking a
day to prepare a case against a
legal resident with multiple
convictions for serious crimes,
agents may choose to process a
drunk driver or nonviolent
offender who agrees to leave the
country voluntarily, because it
will take only hours.
The steps appear at odds with a
statement made by Morton in
August, when he told reporters
ICE had ended quotas in a
program to capture illegal
immigrants violating court
deportation orders.
"I just don't think a law
enforcement program should be
based on a hard number that must
be met," Morton said. "So we
don't have quotas anymore."
Under the Bush administration,
ICE officials in 2006 increased
an annual quota from 125 to
1,000 arrests for each fugitive
operations team. At the same
time, the agency dropped its
policy that agents focus on
criminals and deportation
violators.