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Federal Judges Deny 63% Of Deportations

From California’s Orange County Register:

Report: Judges deny 63 percent of deportation requests


Federal immigration judges in Los Angeles rejected 63 percent of deportation requests this year filed by Immigration and Customs Enforcement officials — the third highest number in the nation, according to a report by a data-gathering organization at Syracuse University.

One of the primary reasons for the rejections appears to be that judges found the government had no legitimate grounds for seeking a removal order, according to the report released Tuesday by the Transactional Records Access Clearinghouse. The Los Angeles Immigration Court serves Orange County, as well as other surrounding counties.

Remember, thanks to our new enlightened policies Immigration and Customs Enforcement officials only seek to deport the most savage convicted criminals.

The number of denials in Los Angeles has significantly increased in the last couple of years, peaking in Fiscal Year 2010, according to the report. That rejection rate is mirrored in large cities such as New York City, Portland, and Miami. Los Angeles ranks third for highest deportation denials

ICE officials said in a written statement that the administration is still committed to prioritizing the arrest and removal efforts of those who are in the country illegally that pose a danger to public safety.

"It appears that the report fails to take into account many factors, including the fact that immigration courts are independently authorized to allow illegal aliens to remain in the United States," said the statement, released by ICE spokeswoman Virginia Kice.

It would appear to us that the new Republican House of Representatives might want to take a long hard look at these immigration courts.

The report comes a little more than a month after Department of Homeland Security Secretary Janet Napolitano announced a record number of immigration removals at a Washington, D.C., press conference. The agency has touted their new focus on deporting the "worst of worst" people in the country illegally.

"In 2010, ICE has removed more than 195,000 convicted criminals — a record number," Kice said in the statement.

Think about it. 63% of these convicted criminals – the "worst of the worst" – are being allowed to stay in the country thanks to (unelected) immigration judges.

The report stated that in Los Angeles, 27 percent of the cases were turned down in 2010 because the court determined there were no grounds for removal of the person in question. About 29 percent were granted some sort of relief to remain in the country

Being in this country illegally and being convicted of a felony are not "grounds for removal"? And why should such people be granted any relief to stay in this country, unless it is to face imprisonment or execution?

Susan Long, co-author of the report, said they were unable to determine why there were no grounds for deportation in the cases in question because ICE officials refused to release the information

"The poor targeting of government removal efforts documented by the Immigration Court data shows that scarce resources such as the investigative time of ICE agents are being wasted and that the ability of the government to deport those who should be removed from the country therefore has been reduced," the report said. "Poor targeting that weakens the government is inefficient.”

Somehow we don’t think this is an accident.

But this stunning report aside, we still have to wonder why on earth we are deporting convicted criminals instead of locking them up. After all, they will surely just come back to the US.

Should we be deporting the ones we consider relatively harmless, since we are in effect just setting them free?

This article was posted by Steve on Friday, November 12th, 2010. Comments are currently closed.

11 Responses to “Federal Judges Deny 63% Of Deportations”

  1. GetBackJack says:

    2 Thessalonians

    8 And then shall that Wicked be revealed, whom
    the Lord shall consume with the spirit of his mouth,
    and shall destroy with the brightness of his coming:
    9 Even him, whose coming is after the working of
    Satan with all power and signs and lying wonders,
    10 And with all deceivableness of unrighteousness
    in them that perish; because they received not
    the love of the truth, that they might be saved.
    11 And for this cause God shall send them strong
    delusion, that they should believe a lie:
    12 That they all might be damned who believed
    not the truth, but had pleasure in unrighteousness.

    Let me repeat that …

    God shall send them strong delusion

  2. bobdog says:

    So we spend a bloody fortune on port of entry security, border control personnel, vehicles, sensor technology, field agents, training, weapons, computer systems and entire government careers attempting to apprehend illegal aliens, not to mention the bloated bureaucracy in Washington and field offices. All to enforce immigration law.

    And then we have another bloated bureaucracy turning people loose, with the full approval of ICE administration, to enforce their own separate interpretation of immigration law and their own separate court system designed to thwart the intent of the original legislation, quietly cheered on by the Obama White House because it means a couple of million Democrat votes.

    What could possibly go wrong? Remember “The Wall” that everybody talked about after 9/11 and the crippling effects of contradictory security agency policies?

    We either have laws for everybody or we have laws for nobody. What the hell have we allowed our government to turn into? Our currency should no longer read “E Pluribus Unum”. It should say “Non Compos Mentis” instead.

  3. proreason says:


    “worst of the worst”?

    How about “mainstream progressives”

  4. JohnMG says:

    Let’s see;

    Illegal entry=undocumented immigrant
    Undocumented immigrant=illegal resident
    Illegal resident=criminal
    Criminal immigrant=deportation or incarceration

    We need immigration judges to figure this out?!

    To begin solving this equation start with;

    Immigration judges=criminal/moron…………..

    • Right of the People says:


      Here is the law verbatim: ENTRY WITHOUT INSPECTION IS A CRIME: In fact, pursuant to 8 U.S.C. 1325, crossing the border illegally is a crime–a misdemeanor for the first offense and a felony for the second and subsequent offenses.

  5. MinnesotaRush says:

    “Federal Judges Deny 63% Of Deportations”

    The other 37% refused to vote Democrat and were sent home immediately after a brief waterboarding.

  6. canary says:

    Hopefully, more illegal Mexicans will immigrate to California. Gatorade is now being banned by Arnold, because it only benefits those doing sports. Gosh, Arnie isn’t that a far stretch from the steroids you admitted taking.

  7. beautyofreason says:

    Sometimes I amuse myself by thinking that California should be even more “progressive” on illegal immigration. Let them go down for the entire country to witness. When people see how open door immigration tanks the state it will be a poster child for the rest of the U.S. on what not to do.

    Plus states like California take the burden from sane states. The third world jerks would migrate from border states with decent immigration enforcement (AZ) to liberal states with sanctuary cities, where such enforcement is lax.

    Maybe when the people of California go through enough Mexican gangs, black market drugs, job loses (for those working more than a couple bucks an hour), Spanish language channels, bankrupted hospitals, and car crashes with uninsured motorists, they can pull their heads out of their a*@&# and notice the problem. Of course by then we will have several million new Democrats on the roosters and it’s a dangerous bet to assume that people in California will ever come to their senses.

    • tranquil.night says:

      Trust me. I’ve been hitting the gun range every weekend in preparation for when the rest of the country rightly cuts the money strings off from my state. But you do not want to face the prospect of all those voters electing their own into the system. I mean, we all know the Bell, California story was just the beginning to business as usual behind the curtain of the Democrat Party, but this will be in a new league that’d infect all of national politics even worse than California Liberals already have.

      You guys might want to consider just letting us out of the union and keeping ownership over the Military Bases so you can just come back in when we fall apart. Seriously. I don’t even know if the State could default without hurting the integrity of the dollar. It depends on how much like Greece we really are I guess.

      I’m hoping all the Black Magic and voodoo going on here is finally going to trigger the massive San Andreas earthquake we’re all waiting for and carry the coast out into the ocean. It’s honestly the best thing for the country, lol.

  8. Petronius says:

    The underlying news report is somewhat confusing and misleading.

    The main thing going on here is not dismissals by immigration judges on the merits. Rather, this report reflects the indirect results of DHS attorneys terminating cases and removing them from the judges’ dockets for political reasons internal to the DHS.

    In the so-called Morton Memo, the head of ICE ordered DHS attorneys to review deportation cases for possible termination where there is no criminal ground for removal, such as nonimmigrant visa overstays, or those who entered without inspection, or who have a pending visa petition or ability to adjust status. In practice, this has been interpreted in many DHS regional offices, including Los Angeles, as a mandate to dismiss virtually all cases where no criminal conviction exists.

    The political spin by DHS is that the Morton Memo represents an effort to focus scarce government resources on the most serious cases, and to make ICE a kinder, gentler, and more efficient agency. However, in reality the Morton Memo serves as a means for the regime to circumvent Congress, by advancing the regime’s goal of amnesty.

    Once they are physically within the USA, illegals cannot be deported except by the order of an immigration judge. So, by terminating these cases, and pulling them from the judges’ dockets, the DHS removes the threat of deportation.

    In other words, this is a result of the political decision by DHS to decline prosecution of cases except those involving individuals who have been convicted of serious crimes. Ordinary cases involving visa overstays or individuals who entered without inspection, but who do not otherwise have a noteworthy criminal record, are being pulled by DHS, affording those people time to adjust status, and thus creating a pathway to citizenship.

    In cases involving criminal aliens, the deportation occurs only after the felon has been convicted and served his sentence in a US prison.

    However, if the alien convict is here legally, for example under refugee status, deportation is not mandatory unless he has been convicted of an aggravated felony (such as terrorism, drug trafficking, weapons trafficking, murder, etc.) or a crime of moral turpitude (child pornography, prostitution, embezzlement, robbery, etc.).

    Thus in the case of a refugee drunk driver who runs over your daughter with his car, and is convicted of negligent homicide, that conviction may not be enough to warrant his deportation after he is released from prison.

  9. Mithrandir says:

    Make entering the U.S. illegally a FELONY, thereby giving courts a reason to deport them. NAY, imprison them, make them work on chain gang for a year, THEN deport them.

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