Email, Ingrid Eagly, assistant professor, UCLA School of Law, Aug. 27, 2015
8:40 p.m.
There are a lot of problems with these reports. First, they do not provide any copy or citation to what underlying reports from ICE they are citing. For fact checking, you absolutely would need to see their source.
Looking for example at the Catch and Release Report:
1. It claims that 68,00 “aliens with criminal convictions” were released. BUT, it fails to acknowledge that sometimes there is no legal basis for detaining an immigrant with a criminal conviction. For example, a lawful permanent resident with a minor conviction may not be deportable, and thus it would simply be unlawful to detain that individual. Without making this type of distinction, the statistic is meaningless.
2. The fact that ICE only charged a portion of “potentially deportable” noncitizens makes sense. Potentially deportable does not mean that they are all deportable. Just as in the criminal context, if there is not sufficient evidence to prove a charge, it should not be brought.
3. It is misleading to compare “encounters” and “charges” in one fiscal year because sometimes a charge may be delayed until the next year, or be based on an encounter from the previous year. Particularly if an individual is serving a criminal sentence, there will be a delay before the immigration process is begun.
4. At several points they suggest that a release on bond means that the immigration process is not ongoing. This is inaccurate. The released individual would still be in immigration proceedings and subject to potential removal at a future date.
Ingrid Eagly
Professor of Law
UCLA School of Law
From: Selby, Gardner (CMG-Austin) [mailto:wgselby@statesman.com]
Sent: Thursday, August 27, 2015 3:03 PM
To: Eagly, Ingrid
Subject: Those center reports
Those center reports:
Reports from Center for Immigration Studies, "Catch and Release," March 2014; "ICE Document Details 36,000 Criminal Alien Releases in 2013," May 2014
I welcome your further thoughts.
g.