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Are Immigration Detainer Practices Rational?

NCJ Number
243793
Author(s)
Mike Males; Selena Teji
Date Published
September 2013
Length
9 pages
Annotation
Based on data obtained for a sample of 77,923 adults for whom Immigration and Customs Enforcement (ICE) placed holds and reached dispositions between October 1, 2009, through February 13, 2013, this study examined how these cases were resolved as well as the criminal histories of the detained immigrants.
Abstract
Assuming the accuracy of the statistical information available, American immigration enforcement policy is irrationally applied, in that it targets, holds, detains, and deports undocumented immigrants without regard for a criminal history that indicates they are dangerous. The data raise questions about the efficacy of ICE hold requests in achieving either immigration or criminal justice goals. Detaining people in correctional facilities for civil immigration reasons is a questionable use of public safety resources. Although many are eventually brought under ICE custody, these individuals are not always a threat to public safety or an immigration enforcement priority. Law enforcement should target the smaller, dangerous, and largely transient criminal element while giving low priority to the targeting of the larger segment of employment-seeking immigrants. The study also raises the possibility that the data used for this study are inaccurate. If recordkeeping is flawed, then it is impossible to evaluate immigration enforcement policies or to design reforms. Suggestions are offered for ensuring data accuracy and expanding the types of data collected. 2 tables and 12 references