Lies, Damned Lies, and Obama’s Deportation Statistics
This is a guest post from Anna O. Law, the Herbert Kurz Associate Professor of Constitutional Law and Civil Liberties at CUNY Brooklyn College. She is the author of The Immigration Battle in American Courts.
What is the trend in deportation of immigrants under the Obama administration? This seemingly simple question is proving very hard to answer. Consider three characterizations from recent media reports. Here is The Economist in February 2014:
America is expelling illegal immigrants at nine times the rate of 20 years ago; nearly 2m so far under Barack Obama, easily outpacing any previous president.
In April, the Los Angeles Times wrote:
A closer examination shows that immigrants living illegally in most of the continental U.S. are less likely to be deported today than before Obama came to office, according to immigration data. Expulsions of people who are settled and working in the United States have fallen steadily since his first year in office, and are down more than 40% since 2009.
And last week, Julia Preston of the New York Times reported that in the fiscal year 2013, the immigration courts saw a 26 percent drop in the number of people who have been deported, thereby producing:
… a different picture of President Obama’s enforcement policies than the one painted by many immigrant advocates, who have assailed the president as the ‘deporter in chief’ and accused him of rushing to reach a record of 2 million deportations. While Obama has deported more foreigners than any other president, the pace of deportations has recently declined.
Somehow, the Obama administration is simultaneously responsible for the highest rate of deportation in 20 years and a 26 percent drop in deportation. What is going on here? As it turns out, changes in immigration law, terminology and classification are causing this confusion.
One problem is the continued use of “deportation” in virtually all media reporting. In actuality, that category has been obsolete in immigration law since 1996. Prior to 1996, immigration law distinguished between immigrants who were “excluded,” or stopped and prevented from entering U.S. territory, and those who were “deported,” or expelled from the United States after they had made their way into U.S. territory. After 1996, both exclusion and deportation were rolled into one procedure called “removal.” At that point, the term “deportation” no longer had any meaning within the official immigration statistics. Its continued use in media reports is part of the confusion. |
