Featured News 2012 The Decline in the Deportation Rate

The Decline in the Deportation Rate

During the last three months of 2011, deportation orders may have struck an all-time low. The Transactional Records Clearinghouse at Syracuse University says that about 51 percent of immigrant court cases ended with a deportation sentence last quarter. This is down from 56 percent in the previous quarter. The TRAC says that two out of every three immigrant cases ended in ordered or voluntary removal, which is the lowest deportation rate in the past twenty years.

Out of the 51 percent that were removed from America, TRAC discovered that 14 percent of these people gave up their residence and moved away voluntarily. This voluntary departure trend is growing in the United States, and is up from 13.2 percent in the last quarter. As 2012 progresses, less and less cases are ending in removal. The number is only expected to drop lower as the year progresses. This is partially because of the Immigration and Customs Enforcement (ICE) review on all pending court cases. This review was issued by the Obama Administration last August.

The Administration wanted to use the new factors for prosecutorial discretion, which were outlined in a official document last June. They hoped that the review would help courts to determine which cases were not significant, and dismiss or close those cases to make room for other court conflicts with a higher priority. The "high priority" cases were categorized as anything that has to do with an illegal immigrant with a criminal record. These dangerous aliens are to be the "most wanted" and first dealt with in the legal system.

On November 17, 2011, the government announced a memorandum with further instruction on immigration court procedures. The ICE said that all attorneys should complete a new scenario-based training program. Pilot programs were set up in the Baltimore and Denver Immigration Courts. Judges, attorneys, and officers were all encouraged to implement the new standards from the June 2011 memorandum into their regular duties, and to carefully study the documents.

In total, these new changes to immigration law have dropped the amount of removals significantly. Numerically, 26,957 illegal immigrants were deported in October- December of 2011, in contrast with the 28,948 that were sent out of the nation in the July-September quarter. This is in part because all immigration court cases that are closed allow the defendant to stay in the country. Though this residence may be temporary, chances are that the immigrants will be able to avoid another court case in the future. This year alone, 18,266 immigration cases have been closed to make room for "high priority" cases. Roughly one-third of all immigration defendants were granted relief when their case was closed.

So far, 27,794 people have been issued deportation orders in the United States in the 2012 Fiscal year. The highest deportation rate is in Texas, followed by California, then Georgia, Arizona, Florida, New York and Illinois. Out of all the men and women deported, 15, 915 of them were sent to Mexico, with the next largest portion of immigrants being deported to Guatemala. Central American countries are among the most popular deportation locations, followed by China, India, Cuba, and Jamaica.

President Obama won 67% of the Hispanic vote in 2008, partially due to his plans for immigration reform and his DREAM Act. This political tactic, along with the Administration's fresh outlook on immigration law, is making great changes for the immigrants in the United States. As the year progresses, it will be intriguing to note whether or not the men and women in this country are allowed to remain or if immigration lawyers will once again crack down on entering the country illegally. If you are dealing with an immigration law case, you will want a knowledgeable attorney to help you. Contact an immigration lawyer to discuss your situation and determine the best route to justice.

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