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Many immigrants deported for nonviolent crimes

Human Rights Watch says its study dispels 'the myth that immigrants deported for crimes are invariably people here illegally who committed serious, violent crimes.'

April 15, 2009|Andrew Becker and Anna Gorman

Federal authorities have repeatedly said their priority is to find and remove illegal immigrants with violent criminal histories, but the U.S. government's stepped-up enforcement in recent years has led to the deportation of hundreds of thousands of immigrants convicted of nonviolent crimes, according to a new study.

Nearly three-quarters of the roughly 897,000 immigrants deported from 1997 to 2007 after serving criminal sentences were convicted of nonviolent offenses, and one-fifth were legal permanent residents, according to the study released today by Human Rights Watch.


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"This explodes the myth that immigrants deported for crimes are invariably people here illegally who committed serious, violent crimes," said David Fathi, director of the New York-based advocacy group's U.S. program. "We know now the large majority are being deported for nonviolent, often quite minor crimes."

The report comes at a time when President Obama has said he will push for immigration reforms and Homeland Security Secretary Janet Napolitano has begun reviewing enforcement policies.

The deportations cited in the report occurred after the passage of a 1996 law that mandated the detention and deportation of all immigrants, even those who are longtime lawful residents, if they committed a crime punishable by at least one year behind bars.

The law is retroactive, so immigrants are often deported because of crimes they committed before the law was written.

The top reasons for deportation during the 10-year period were entering the U.S. illegally, driving while under the influence of alcohol, assault and immigration crimes, such as selling false citizenship papers, the report said.

The study is based on data obtained from the U.S. government through the Freedom of Information Act.

Immigration and Customs Enforcement spokeswoman Lori Haley said the agency was responsible for enforcing the laws enacted by Congress and carrying out court-ordered deportation orders. The majority of criminal immigrants targeted were identified while in the nation's jails or prisons, she said.

"Promoting public safety is part of ICE's core mission," Haley said. "Removing these individuals from our communities and from our country reduces a significant safety vulnerability."

The report said 28% of those deported on criminal grounds were convicted of violent or potentially violent offenses, such as robbery and kidnapping.

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