« "Leading with Conviction: The Transformative Role of Formerly Incarcerated Leaders in Reducing Mass Incarceration" | Main | "Tell the Client's Story: Mitigation in Criminal and Death Penalty Cases" »
May 2, 2017
US Justice Department releases "data on incarcerated aliens"
I just received notice of this new Department of Justice press release titled "Pursuant to Executive Order on Public Safety, Department of Justice Releases Data on Incarcerated Aliens." Here are excerpts:
President Trump’s Executive Order on Public Safety in the Interior of the United States requires the Department of Justice to collect relevant data and provide quarterly reports on data collection efforts. The data in this release shows a significant prison population of incarcerated aliens.
“Illegal aliens who commit additional crimes in the United States are a threat to public safety and a burden on our criminal justice system,” said Attorney General Jeff Sessions. “This is why we must secure our borders through a wall and effective law enforcement, and we must strengthen cooperation between federal, state and local governments as we strive to fulfill our sacred duty of protecting and serving the American people.”
Below is a summary of data collected under Section 16 of the Order, which directs “the Secretary [of Homeland Security] and the Attorney General . . . to collect relevant data and provide quarterly reports” regarding the following subjects: (a) the immigration status of all aliens incarcerated under the supervision of the Bureau of Prisons; (b) the immigration status of all aliens incarcerated as federal pretrial detainees; and (c) the immigration status of all convicted aliens in state prisons and local detention centers throughout the United States....
By way of satisfying the department’s first quarterly report of this data, below is information regarding aliens currently incarcerated under the supervision of BOP. This data is current as of March 25, 2017:
There are 45,493 foreign-born inmates currently in BOP custody, of which 3,939 are U.S. citizens (either naturalized or derivative). Of the remaining 41,554 foreign-born inmates (aliens):
Approximately 22,541 (54.2 percent) are aliens for which final immigration orders have been issued for their removal;
Approximately 13,886 (33.4 percent) are aliens who are under ICE investigation for possible removal;
Approximately 5,101 (12.3 percent) are aliens still pending adjudication (in other words, ICE has charged these aliens as removal cases, but a final disposition has not yet been reached); and
Approximately 26 (0.1 percent) are aliens who have been granted relief on the basis of asylum claims....
At the department’s direction, US [Marshals Service] has begun providing ICE with complete data on all foreign-born detainees on a daily basis. The first of these data transfers to ICE took place on April 5, 2017, with a transfer of data associated with approximately 19,000 foreign-born detainees. ICE anticipates that its analysis of this data will soon be complete, and the department will then provide an updated status report.
May 2, 2017 at 11:29 AM | Permalink
Comments
I'm glad to see that this report uses "illegal alien" and not some squish term.
Posted by: Soronel Haetir | May 2, 2017 11:31:51 AM
The term "illegal alien" from my understanding is a reference to them being in this country via the violation of immigration laws. The concern for usage here was noted by Emily Bazelon in a 2015 article entitled "The Unwelcome Return of ‘Illegals." The usage of the term "illegals" in this context was common enough for a political strategist offer advice:
Ten years ago, the political strategist Frank Luntz issued a proclamation about the language of immigration. ‘‘Always refer to people crossing the border illegally as ‘illegal immigrants’ — NOT as ‘illegals,’ ’’ Luntz instructed fellow conservatives. ‘‘Illegals’’ sounds harsh and spiky.
It really turned off certain audiences. I have also seen this, which is partially what motivated a recent comment of mine. Bazelon continues, again not saying anything that also could not be found other places, including by the people themselves:
The more common phrase, ‘‘illegal immigrant,’’ also implies suspicion, but strip the noun from it and the entire identity of a person who crosses the border without permission, or outstays his or her visa, is reduced to that of a criminal: What rights could he or she be entitled to?
The "entire identity" is another way of using the term I used ("essence"). This is not news to those who have studied the history of reactions to immigration in this country. A general feeling of the "other," an understanding of a tainted group, even if specific members might be okay. This is so even if the specific term "illegal immigrant" is somewhat more recent than let's say the battles over French immigrants in the 1790s or Irish immigrants later on.
The easy move from "illegal alien" (over "illegal immigrant" even -- "alien" suggesting "foreign" or "other" -- with or without the science fiction context) to "illegal" is troubling. Finally, it is curious to me that others who violate documentation requirements are not similarly as commonly labeled "illegals." It just might be that the term has a connotation that is readily understood to be problematic, even if on some level it is technically accurate.
Again, I'm not saying something novel here. The actual immigrants etc. have said such things in more eloquent terms. I'm sorry to belabor the point, but do think the language is used for a reason, as is the push against it including by media stylistic manuals, people like Justice Sotomayor and many immigrants and people like myself who are descendants of them.
Posted by: Joe | May 2, 2017 2:03:56 PM
Well, Joe, there is a reason they are "other"--they have violated our laws to be here. So thinking about them as "other" isn't really wrong or even remarkable. Yeah, it sucks to be an illegal alien, but it also sucks to be impacted by massive unchecked illegal immigration. Does the flag incident in a California school whereby native citizens were told they could not wear the American flag in school because it made immigrants mad enough to threaten them happen without massive illegal immigration--don't think so.
Finally, it is curious to me that others who violate documentation requirements are not similarly as commonly labeled "illegals."---Oh good grief. This is self-parody.
Massive illegal immigration should be opposed by anyone who believes in democracy. No one voted for any of this.
Posted by: federalist | May 2, 2017 3:40:58 PM
Those states seem to be lacking in the key detail -- the actual immigration status of the inmate. Instead, we have the status of their deportation case. The reason for the requirement of the immigration status as shown by the quote from the AG is the concern about illegal immigrants. As such, more significant than their present deportation status is which category the immigrants fall into: 1) permanent residents; 2) work visas; 3) student visas; 4) asylum/refugees; 5) illegal due to overstaying visas (i.e. entered lawfully but not currently entitled to stay; and 6) illegal because of unauthorized entry. (There are probably other categories that I am missing.) If, as is currently suggested, criminal justice concerns should be part of the immigration debate, we need the missing data.
Posted by: tmm | May 2, 2017 5:15:20 PM
There are 45,903 foreign-born inmates in BOP custody--how many are in state custody, and how many criminal aliens are walking the streets?
Posted by: federalist | May 2, 2017 5:35:41 PM
Well, Joe, there is a reason they are "other"--they have violated our laws to be here. So thinking about them as "other" isn't really wrong or even remarkable.
The "other" part comes from the "alien," which is not by definition someone who "violated our laws." It isn't "remarkable." It is somewhat troubling since people (non-citizens) who are in various ways like us are seen as others.
Not that violating laws is remarkable. People do that regularly. John Roberts even joked about doing it. Libertarians criticize overcriminalization per the "three felonies a day" things. So, it isn't even trivial laws. As with other things, alleged neutral lines turn out to be selectively applied, repeatedly for dubious reasons.
Yeah, it sucks to be an illegal alien, but it also sucks to be impacted by massive unchecked illegal immigration.
The "unchecked" part is a result of various factors, particularly the general policy judgment of the people at large that finds undocumented immigration not so essential to fix above and beyond other things. As with the death penalty's application, the problem, if there be one, is widely spread out. The negative impact has been studied as well and repeatedly shown not to be worth the negative treatment. This leads again local people, including governments, to balance various factors here. Finally, it isn't even unchecked. "Unchecked" here means "not limited enough in my view."
Does the flag incident in a California school whereby native citizens were told they could not wear the American flag in school because it made immigrants mad enough to threaten them happen without massive illegal immigration--don't think so.
I don't know what this most recent thing that got you upset out of the news came from but concern for the feelings of others arise for a variety of reasons, including conservatives who are upset about being disrespected in some fashion.
Finally, it is curious to me that others who violate documentation requirements are not similarly as commonly labeled "illegals."---Oh good grief. This is self-parody.
No, it's an argument, which people who sneer like this repeatedly fail to address very well. Again, there are lots of people who regularly break the law by violating documentation rules. This includes licensing laws in place for public safety. But, they are not as readily labeled "illegals."
Massive illegal immigration should be opposed by anyone who believes in democracy. No one voted for any of this.
The people repeatedly have voted for this, including for local members of government in so-called "sanctity cities" who balance various things, don't simply have a zero tolerance, when dealing with them. Your disagreement with said people is noted and is part of a debate that has been here about as long as this country has.
Posted by: Joe | May 2, 2017 7:19:18 PM
[I'm going to end there for now.]
Posted by: Joe | May 2, 2017 7:21:33 PM
Here's a link to the snopes page discussing a California school dealing with near-riot conditions on Cinco de Mayo as fed referenced. Disturbingly, the page references yet another case where a United States flag caused problems at school.
The adults in the room need to stand up. the snopes page quotes some (hispanic?) students who are angry that caucasian students are wearing "their" flag on a Mexican holiday. The response that immediately comes to my mind is that it's "our" flag, which should included the speaker who was angry. Although students don't enjoy the full robustness of the First Amendment while at school, I don't like the message or the reactions of the school administration.
A federal district court dismissed the lawsuit of the students who were sent home, and the court of appeals affirmed the dismissal. The court actions were foreseeable due to the authority that school officials have to curtail constitutional rights to avert disruptions in the school function and purpose, a power which authorities outside the school arena do not possess.
http://www.snopes.com/politics/immigration/flagshirts.asp
Posted by: MarK M. | May 2, 2017 8:57:42 PM
I'm sorry, but am I the only one who finds the summary of the report confusing? The AG is directed to report on ... foreign-born persons or non-citizens? Those in ICE custody or those in Bureau of Prisons custody? Both are under Sessions, but there are major differences. Those covered by the report are apparently those in the custody of the Bureau of Prisons -- by definition, persons held in relation to criminal charges, awaiting trial or serving sentences if they have been convicted and sentenced. The required report apparently does not include persons in the custody of ICE awaiting adjudication of applications for removal, petitions for asylum, etc., all of which are civil. Yet the information in the summary is only rarely available for individuals who are in Bureau of Prisons custody. As to those individuals, the most that one usually knows is that there is an ICE detainer and that transfer to ICE will occur only when the criminal penalties have been served. It seems a bit strange to talk about the status of civil proceedings for individuals in the custody of the Bureau of Prisons. Maybe it would make sense if it were the case that the 45,493 individuals are in ICE custody (though in that case, how is it that about 3,000 US citizens are in there, too?). As it is, the summary appears to mix apples and oranges.
Posted by: Allen Bentley | May 3, 2017 12:07:22 AM
Joe, there are 11 million illegals--that's pretty closed to unchecked--are you really parsing that much?
With respect to the democracy--the law, you know, the thing that is supposed to be followed, says they aren't supposed to be here. If the law isn't enforced in a manner that allows for the before your eyes transformation of the country, then democracy itself is undermined.
As for the school incident, it is beyond appalling that American citizens were forced to remove their American flag clothing at the behest of alien thugs. In any sane society, the alien thugs would be put across the border in a nanosecond.
And I am not getting into the rampant document fraud, gang issues, human trafficking, general disregard of private property rights on the border or the many other bad things that illegals bring, I once had to say to someone who was obviously an immigrant on a beach, "En mi pais, tiramos nuestra basura." The arrogance of coming to another country and expecting welfare, being able to litter etc etc. is just appalling.
The society as a whole would be better off without illegal immigrants. It really is that simple.
Gee, I wonder what percentage of California prisons are illegals or the offspring of illegals? My guess--quite a large one.
Posted by: federalst | May 3, 2017 12:31:32 AM
The school story doesn't state that the (Hispanic?) students were aliens. Speculation, superstition, and guesswork are not substitutes for facts. Second, the offspring of illegals--if born in the United States, are as American as you believe yourself to be.
Posted by: MarK M. | May 3, 2017 2:29:28 AM
Mark. Any of those events take place after the election?
If one does, call ICE. Deport the students and parents. Deport the school administration, for that matter.
Posted by: David Behar | May 3, 2017 4:07:42 AM
A farmer told me that he would be ruined if not for illegal aliens. Picking is a skilled profession, and Americans cannot learn it. So there should be a waiver program for farmers to hire illegals, and then for them to return home upon finishing the harvest.
All weasels should be deported to Weasel Land, where they do not use the accurate and proper term, illegal aliens, or the equally proper and accurate, illegals.
Because all PC is case, anyone bothered by PC should hunt an appellate judge and beat their ass. One such judge upheld massive damages for sex discrimination by the use of the non-preferred pronoun to address a transgender at work, even though non-preferred pronoun was the real one, and the preferred one was fictitious and delusional. That reptile judge should have been driven from the state.
Posted by: David Behar | May 3, 2017 4:15:18 AM
Mark, some were aliens. And whether or not the offspring are Americans, they problems they cause are directly tied to illegal immigration.
But of course, Mark can't acknowledge the absolute outrage.
Posted by: federalist | May 3, 2017 7:56:16 AM
Fed. Trump was right. These aliens are 3% of the population, and 30% of federal prisoners. That means they have 10 times the expected criminality, excluding illegal immigration. They are illegals, without counting their immigration crimes. Smoking raises the risk of lung cancer ten fold. These illegals are like a strong carcinogen, toxic.
This is according to left wing, biased, Obama's GAO in 2011.
http://www.gao.gov/new.items/d11187.pdf
Posted by: David Behar | May 4, 2017 7:41:44 AM
