Deportations: US immigration officials have deported 672,593 immigrants because of criminal convictions since 1997, after Congress passed legislation making deportation a mandatory penalty for a long list of crimes, including minor, non-violent offenses committed years before the laws went into effect. Many of those deported arrived in the US as children and were lawful permanent residents who had lived legally in the country for decades.
Prior to 1997, immigrants who committed a crime were permitted to go before an immigration judge, who could exercise his or her discretion in imposing penalties. However, the legislation Congress passed in 1996 precluded immigration judges from considering whether deportation would be excessively harsh in light of the immigrants’ family relationships, community ties, US military service records, or the possibility of persecution if returned to their country of origin. The deportation takes place after the non-citizen has completed the terms of the sentence imposed for the crime.
According to Immigration and Customs Enforcement (ICE) data included in the report, 64.6 percent of immigrants deported for crimes in 2005 had been convicted of non-violent offenses, including non-violent theft offenses such as shoplifting; some 20.9 percent were deported for offenses involving violence against people; and 14.7 percent were deported for “other” crimes.
Reform of the 1996 laws was not included in the comprehensive immigration legislation Congress considered this year. However, in January 2007, Congressman Jose Serrano introduced a bill (HR 1176), which would allow immigration judges to consider the interests of US citizen children during deportation hearings. The bill would not, however, protect spousal relationships or other links immigrants have to the US, such as longstanding lawful residence or service in the US armed forces.
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