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Former NY District Attorney Robert M. Morgenthau: Justice for Immigrants
1. Aliens Removed & Returned: Fiscal Years 1892 to 2012
2,000,000
1,800,000
1,600,000
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,000
0
1892
1894
1896
1898
1900
1902
1904
1906
1908
1910
1912
1914
1916
1918
1920
1922
1924
1926
1928
1930
1932
1934
1936
1938
1940
1942
1944
1946
1948
1950
1952
1954
1956
1958
1960
1962
1964
1966
1968
1970
1972
1974
1976
1978
1980
1982
1984
1986
1988
1990
1992
1994
1996
1998
2000
2002
2004
2006
2008
2010
*The total number of removals in 2012 was 409,849. Source: DHS, ENFORCE Alien Removal Module
(EARM), January 2012, Enforcement Integrated Database
The government has not yet reported the number of (EID), December 2011
returns.
2. Trends in Charges Brought by ICE in
Immigration Court
Most Serious Percent of Total (First Quarter)
Deportation Charges in Immigration
Charge Court, FY 2012 (1st Quarter)
FY 2010 Q1 FY 2011 Q1 FY 2012 Q1
Total 100% 100% 100%
Individuals
Charged
National 0.03% 0.02% 0.01%
Security
Criminal 17.3% 15.9% 14.0%
Immigration 81.2% 82.2% 83.8%
Only
Source: TRAC Immigration
3. Most Serious Charges Recorded for ICE
Detainees Ordered by Frequency
Rank Most serious charge for those with criminal conviction(s)
1 Driving Under Influence Liquor
2 Traffic Offense
3 Marijuana - Possession
4 Cocaine - Possession
5 Dangerous Drugs
Source: TRAC Immigration
5. Pending Cases as of End of Fiscal Year 2012
Court Backlog 325,044
% Change end of FY 2011 9.2%
% Change end of FY2010 23.7%
% Change end of FY 2009 45.2%
% Change end of FY 2008 74.7%
7. Prosecutorial Discretion Closures
as of December 31, 2012
Court Backlog Cases Closed Based on Closures as a Percent of
Prosecutorial Backlog
Discretion
325,044 13,407 4.1%
• As of the end of December 2012, these closures were taking an average of
885 days across all months since the program has been in effect, rising an
average of 10 days in December.
• Those closed just in December involved time pending in court of, on
average, a full three years, or 1,011 days.
Source: TRAC Immigration
8. Government Spending on
Immigration Enforcement
• In FY 2012, spending on immigration
enforcement (including ICE and Customs &
Border Patrol) reached nearly $18 billion.
• This amount exceeds by approximately 24%
total spending for the FBI, DEA, Secret
Service, US Marshals Service, and ATF –
which stood at $14.4 billion in FY 2012.
Source: Doris Meissner & Donald M. Kerwin, et al., Immigration
Enforcement in the United States: The Rise of a Formidable
Machinery, Migration Policy Institute (Jan. 2013)
9. Secure Communities & Fingerprinting
• FBI has sent over 16 million fingerprints received
from local law enforcement agencies to the
immigration database since program inception in
2008.
• More than 900,000 flagged as potential immigration
violators.
• No information regarding what actions are taken, if
any, with a set of prints when an arrest is dismissed.
• Makowski v. Holder, et al., No. 12-cv-05265 (N.D. Ill.
filed July 3, 2012)
10. Impact on Undocumented Families
• 10.2 million undocumented adults living in the U.S.
• 63% have been living in the U.S. for 10 years or more.
• 9 million families in the U.S. consist of an undocumented
parent and a U.S. citizen child.
• In the first six months of 2011, ICE removed more than
46k noncitizens who claimed to have a U.S. citizen child.
• As of November 2011, 5,200 children were living in foster
care as the result of a parent being deported.