Stupid American Government?
Tens of thousands of illegal immigrant women and children streamed
across the U.S. border last year seeking asylum and protected status,
claiming a "credible fear" of going home to the violence in Central
America. President Obama addressed the crisis through increased border
enforcement, more detention beds, more immigration judges and pressure
on political leaders in their home countries.
But a year later, new data obtained exclusively by Fox News shows the
policy isn't stopping the influx. Not only are illegal immigrant women
and children continuing to cross the border in large numbers, but the
majority charged with crimes aren't even showing up for court.
"That strategy is obviously a complete failure because such a high
percentage of these people who were not detained have simply melted into
the larger illegal population and have no fear of immigration
enforcement," said Jessica Vaughan, director of policy studies for the
Center for Immigration Studies.
Statistics released by the Department of Justice Executive Office of
Immigration Review show 84 percent of those adults with children who
were allowed to remain free pending trial absconded, and fewer than 4
percent deported themselves voluntarily.
The data set, requested by Fox News, underscores the dilemma facing
immigration officials. While the ACLU and more than 100 lawmakers on
Capitol Hill want to close federal detention centers, which they
consider inhumane and unacceptable on legal and moral grounds, releasing
the women and children to relatives and charities virtually guarantees
they will fall off the federal government's radar.
"Now that we see that 85 percent of the people who were not detained
before their immigration hearings do not show up for these hearings,
that illustrates the need for detention," Vaughan said.
But others disagree. After the ACLU sued, a federal judge granted a
preliminary injunction immediately halting the administration's policy
of locking up asylum-seeking mothers and children. It cited a Department
of Homeland Security survey of women and children in family detention.
More than 70 percent claimed a credible fear of staying in their home
country. The judge rejected the administration's argument that detention
was necessary to prevent a mass influx of new immigrants.
"Many of these women and children are being terrorized in their own
countries and that's the reason they are leaving," said Belen Robles, a
trustee at El Paso Community College in Texas, speaking at the annual
conference of the National Association of Latino Elected and Appointed
Officials. "Once they get here, they need to be treated as human beings
and not incarcerated or put in shelters."
The data set from the Department of Justice looks at all women and
children detained from Central America beginning July 18, 2014, when
Obama declared the immigrants to be an enforcement priority and ordered
the courts to treat them on a priority basis.
Since then, ICE detained 83,385 adults and children, and immigration
courts completed 24,842 cases. Of those, more than 64 percent, or
16,136, didn't show up for court, and fewer than 4 percent, or 908,
agreed to leave voluntarily.
Among adults with children not detained, 25,000 have had their
initial appearance; 13,000 are still in the system, and 12,000 have had
their cases completed. Of the cases completed, 10,000 failed to appear.
But compare the number of removals for women and children who were
detained against those who were not. Among those families who were
allowed to remain free after their initial appearance in court, 84
percent never showed up again for their case. They remain free,
scattered in cities across America. By contrast, almost all of those
detained did show up before a judge.
"These figures are very strong evidence that the Border Patrol was
right all along, that these people were coming because they knew they
would be allowed to stay, that they were not planning to make some kind
of plea for humanitarian status such as asylum," said Vaughan.
Nevertheless, immigrant advocates are trying to close down federal
government detention centers and some 130 House Democrats and 33
senators called on Immigration and Customs Enforcement to stop family
detention altogether. Additionally, a federal judge in California ruled
that detaining immigrant children violates an existing settlement
stipulating that migrant children must be released to foster care,
relatives or -- if they must be held -- in the least restrictive
environment possible.
"They deserve asylum. They are human beings and they deserve to be
treated that way," said Victor Lopez, the mayor of Orange Cove, Calif., a
small town in the Central Valley. "They should be free, and if they
want to be citizens of this country, they will appear in court."
Yet, despite "credible fear" claims of violence back home,
immigration judges reject that argument 92 percent of the time for
adults with children. Illegal immigrants have a better chance of staying
in the U.S. by running away than showing up in court.
Here's why:
-- 103 cities, towns and counties in 33 states have sanctuary policies that protect illegal immigrants from deportation.
-- Most cities and states refuse to honor "immigration detainers" --
meaning they will no longer hold criminal aliens for deportation for 48
hours for pick-up by federal authorities.
-- Total deportations to date (117,181) are the lowest in four years and 25 percent fewer than at the same time last year.
-- Of those who are deported, 98 percent are either convicted of a
felony or multiple misdemeanors, or re-entered the U.S. illegally
multiple times.
-- Worksite enforcement is virtually non-existent. So far this fiscal
year, ICE conducted just 181 workplace audits and brought charges
against just 27 employers, down from 3,127 audits in 2013 and 179
arrests. Employer fines are also down by more than 50 percent.
-- Only eight states require employers to use E-Verify, the federal database used to determine legal status.
-- 10 states issue driver's licenses to illegal immigrants, and last
week, for the first time, the administration required employers accept
these licenses for employment verification, in violation of the Real ID
Act.