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ICE transitioned from Obama to Trump with record high daily detention population

The Immigration and Customs Enforcement agency continues to ramp up hardline immigration policing practices, government-issued statistics about the number of detainees indicate. In the transition year that began under President Obama and ended under President Trump, ICE surpassed previous highs in its immigration detention network. In fiscal year 2017—running from October 1, 2016 to September 30, 2017—ICE detained, on average, 38,106 people every day. Called the “average daily population” in official reports, the FY 2017 figure is an increase of approximately 4,000 from the previous year [...]

Posted by César on April 3, 2018 on 12:30 am Leave a Comment
Filed Under: alternatives to detention, imprisonment, statistics

ICE detention population closed Obama era at record daily high

By at least one important measure, the immigration detention system run by the Immigration and Customs Enforcement agency closed the Obama era holding more people than ever before. During the 2016 fiscal year—the period from October 1, 2015 to September 30, 2016—ICE detained, on average, 34,376 people per day. See DHS, Immigration and Customs Enforcement Agency, Budget Overview, Fiscal Year 2018, Congressional Justification ICE-14. According to ICE, it paid, on average, $128.88 per bed per day. Id. Compared to the rest of Obama’s tenure, the average daily population is a slight uptick from FY [...]

Posted by César on March 27, 2018 on 12:30 am Leave a Comment
Filed Under: imprisonment, statistics

Immigration budget bill summary

Congressional leaders appear to have worked out a budget plan with President Trump that is expected to get through both chambers in the coming days. The budget bill, H.R. 1625, titled the “Consolidated Appropriations Act of 2018,” helps Trump move forward with his border wall plans, but also imposes limitations on DHS’s immigration policing practices. The bill pays for federal government activities through September 30, 2018. Below is a quick summary of key provisions affecting DHS and the Justice Department’s immigration operations. DHS’s two main immigration law enforcement agencies, CBP [...]

Posted by César on March 22, 2018 on 3:43 am 6 Comments
Filed Under: border militarization, Congress, imprisonment, local immigration policing, proposed legislation, sanctuary

Supreme Court to hear another immigration imprisonment case

On the heels of its decision allowing prolonged confinement in an ICE detention center to continue, the U.S. Supreme Court decided to hear arguments in another case about the federal government’s practice or locking up migrants. Every day, the Department of Homeland Security detains roughly 34,000 individuals. At a cost of at least $126 per day per person, ICE spends more than $4 million daily to incarcerate. In Nielsen v. Preap, No. 14-16326, the Court will decide whether ICE is required to detain migrants who have served their jail or prison time for a laundry list of crimes and have [...]

Posted by César on March 20, 2018 on 5:28 am 4 Comments
Filed Under: alternatives to detention, bond, imprisonment, mandatory detention, U.S. Supreme Court

Jennings v. Rodriguez highlights need for detention time limits

Justine N. Stefanelli The US Supreme Court’s decision in Jennings v. Rodriguez, 583 U.S. ___ (2018) (slip opinion), denying bail hearings to thousands of detainees is a serious blow to the rule of law. Detaining categories of people without regard to their individual circumstances is an arbitrary interference with the right to liberty and, at the very least, should be accompanied by procedural safeguards. The most obvious of these is a temporal limit on immigration detention. However, US immigration law provides no maximum. The closest the law has come is the setting of a presumptively [...]

Posted by César on March 16, 2018 on 12:30 am Leave a Comment
Filed Under: 9th Circuit Court of Appeals, bond, Due Process Clause, Europe, guest blogger, habeas, imprisonment, mandatory detention, U.S. Supreme Court

US prison population drops a bit in 2016, including for immigration crimes

The number of people locked up in the United States continued a recent trend of modest decreases in 2016. Along with a one percent decline to the total number of people in a state or federal prison, the nation’s population of immigration prisoners also dropped, data released by the federal government this week reveal. People sentenced to federal prison for at least one year dropped 1.4 percent to 1,505,397 people, the Bureau of Justice Statistics reported. Of those, 189,192 were in the custody of the Federal Bureau of Prisons due to conviction for a federal offense. Approximately twenty-one [...]

Posted by César on January 12, 2018 on 4:15 am Leave a Comment
Filed Under: imprisonment, statistics

Judges can’t deny bail because ICE threatens removal

Focusing its sights squarely on criminal law’s intersection with immigration law, a federal appellate court concluded that judges can’t deny bail to migrant defendants simply because ICE threatens to deport them. The court’s opinion, in a case involving an illegal reentry prosecution, is an important reminder of the presumption of liberty in United States criminal law—and an equally stark example of ICE’s persistent efforts to pierce holes in that presumption. Mario Ailon-Ailon, a resident of Dodge City, Kansas for seven years, was arrested by ICE and handed over to the U.S. Marshals [...]

Posted by César on December 7, 2017 on 4:00 am Leave a Comment
Filed Under: 10th Circuit Court of Appeals, bond, detainer, illegal reentry, imprisonment

Detention and removal numbers down in FY 17

The number of people detained and removed by DHS during the 2017 fiscal year dropped when compared to 2016, the last full fiscal year under President Obama. Government data released Tuesday show that DHS detained 323,591 people and removed 226,119 people in FY 2017, most of which elapsed under President Trump’s watch. ICE’s detention network famously reached a massive scale under President Obama. Tuesday’s release indicates that ICE held about 30,000 fewer people over the course of 2017. Described as an “initial book-in,” ICE took into its custody 352,882 people in FY 2016 and 307,342 [...]

Posted by César on December 5, 2017 on 3:30 pm 1 Comment
Filed Under: imprisonment, statistics

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César’s Recent Media

April 18: Quoted talking about ICE's efforts to conceal contents of training manuals used by its largest division, Homeland Security Investigations Read article here]

April 12: Discussed legal limits on deploying troops inside United States and the memory of Esequiel Hernández, Jr., teen shot by Marines in 1997 [Read article here (in Spanish)]

April 12: Quoted in article about brewing Fourth Amendment battle that develops when ICE arrests people inside homes [Read article here]

April 3: Quoted in Univision Noticias article about Trump's plans to deploy National Guard to border [Read article here (in Spanish)]

April 1: Quoted in article about Coloradans affected by Trump administration's decision to end TPS protections for citizens of some countries [Read article here]

March 29: Quoted in article about Fourth Amendment and ICE attempts to enter homes [Read article here]

March 16: Quoted discussing shifts between Obama and Trump administration immigration policing practices [Listen here]

March 8: Quoted discussing Justice Department lawsuit against California over its migrant-friendly policies [Read article here | Lea en español]

February 5: Quoted in article about Indiana death in drunk driving incident allegedly caused by unauthorized migrant [Read article here]

January 31: I'm quoted in San Francisco Chronicle about ICE's policy of arresting people in and near courthouses [Read article here]

January 18: I talked to CityLab about symbolic value of ICE raids on 7-11 stores [Read article here]

January 8: I'm quoted in Governing talking about ICE head's threats to imprison elected officials who support policies limiting cooperation with ICE [Read article here]

January 5: I'm quoted in article about San Antonio Police Department decision to prosecute alleged migrant smuggler under state law rather than hand over to ICE for federal prosecution [Read article here]

January 3: Quoted in article about ICE chief's threats to imprison elected officials who support migrant-friendly policies [Read article here]

2018

December 30: I'm quoted in The Atlantic discussing the special impact crimmigration policies have on black migrants [Read article here]

December 28: My crimmigration.com article about immigration prison population trends since 1990s makes Prison Policy Institute's "favorite criminal justice research of 2017" [Read PPI's list here]

December 22: Quoted in ThinkProgress article about legally dubious immigration detainer practices [Read article here]

December 20: Interviewed in Philadelphia NPR affiliate WHYY story about ICE arrests in area courthouses [Listen to story here]

December 12: My three-part white paper series on immigration detention published by Latino Community Foundation of Colorado [Read articles on adults, children and families, and vulnerable populations]

Learn more about César's media appearances here

Recent Posts

  • Legal limits on military deployment along US border
  • ICE transitioned from Obama to Trump with record high daily detention population
  • ICE detention population closed Obama era at record daily high
  • Immigration budget bill summary
  • Supreme Court to hear another immigration imprisonment case
  • Jennings v. Rodriguez highlights need for detention time limits

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