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Just the Facts

Immigration Fact Checks provide up-to-date information on the most current issues involving immigration today.

Removal Without Recourse: The Growth of Summary Deportations from the United States

The deportation process has been transformed drastically over the last two decades. Today, two-thirds of individuals deported are subject to what are known as “summary removal procedures,” which deprive them of both the right to appear before a judge and the right to apply for status in the United States. In 1996, as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Congress established streamlined deportation procedures that allow the government to deport (or “remove”) certain noncitizens from the United States without a hearing before an immigration judge. Two of these procedures, “expedited removal” and “reinstatement of removal,” allow immigration officers to serve as both prosecutor and judge—often investigating, charging, and making a decision all within the course of one day. These rapid deportation decisions often fail to take into account many critical factors, including whether the individual is eligible to apply for lawful status in the United States, whether he or she has long-standing ties here, or whether he or she has U.S.-citizen family members.

In recent years, summary procedures have eclipsed traditional immigration court proceedings, accounting for the dramatic increase in removals overall. As the chart below demonstrates, since 1996, the number of deportations executed under summary removal procedures—including expedited removal, reinstatement of removal, and stipulated removal (all described below)—has dramatically increased.

 

In Fiscal Year (FY) 2013, more than 70 percent of all people Immigration and Customs Enforcement (ICE) deported were subject to summary removal procedures.

Expedited Removal (INA § 235(b)) Read more...

Published On: Mon, Apr 28, 2014 | Download File

Special Reports

Our most in-depth publication, Special Reports provide detailed analyses of special topics in U.S. immigration policy.

Children in Danger: A Guide to the Humanitarian Challenge at the Border

The American Immigration Council has prepared this guide in order to provide policymakers, the media, and the public with basic information surrounding the current humanitarian challenge the U.S. is facing as thousands of young migrants show up at our southern border. This guide seeks to explain the basics. Who are the unaccompanied children and why are they coming? What basic protections are they entitled to by law? What happens to unaccompanied children once they are in U.S. custody? What has the government done so far? What additional responses have been proposed to address this issue? Read more...

Published On: Thu, Jul 10, 2014 | Download File

Perspectives on Immigration

Perspectives offers fresh ideas and alternative viewpoints on immigration policy from writers inside and outside the immigration debate.

No Childhood Here: Why Central American Children are Fleeing Their Homes

Over a decade before President Barack Obama described the influx of unaccompanied child migrants to the United States as an “urgent humanitarian situation requiring a unified and coordinated Federal response,” child and refugee advocates warned that children who shared experiences of years-long family separation, widespread violence in home countries, and higher rates of neglect and abuse were fleeing from South of our border in alarming numbers. Then as now, over 95 percent were from Mexico and the Central American nations of El Salvador, Guatemala, and Honduras. When these children were apprehended in the U.S., the Trafficking and Victim’s Protection Reauthorization Act (TVPRA) required agents to ask limited and straightforward abuse questions. If the child was determined to be without a parent or legal guardian, s/he had to be transferred to Office of Refugee Resettlement (ORR) care within 72 hours.

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Published On: Tue, Jul 01, 2014 | Download File