Los Angeles Times

Up to 8 million may be targeted for deportatio­n

Almost anyone who entered U.S. illegally could be detained under executive order.

- By Brian Bennett

WASHINGTON — When President Trump ordered a vast overhaul of immigratio­n law enforcemen­t during his first week in office, he stripped away most restrictio­ns on who should be deported, opening the door for roundups and detentions on a scale not seen in nearly a decade.

Some 6 million to 8 million people in the country illegally could be considered priorities for deportatio­n, according to calculatio­ns by The Times. Findings were based on interviews with experts who studied the executive order and two internal documents that signal immigratio­n officials are taking an expansive view of Trump’s directive.

Far from targeting only “bad hombres,” as Trump has said repeatedly, his new order allows immigratio­n agents to detain nearly anyone they come in contact with who has crossed the border illegally. People could be booked into custody for using food stamps or if their child receives free school lunches.

The deportatio­n targets a much larger group than those swept up in the travel bans that sowed chaos at airports and seized public

[Deportatio­ns, attention last week. Fewer than 1 million people came to the U.S. over the last decade from the seven countries whose citizens the order had temporaril­y blocked.

Deportatio­ns of this scale — which has not been publicly totaled before — could have widely felt consequenc­es: Families would be separated. Businesses catering to immigrant customers may be shuttered. Crops could be left to rot, unpicked, as agricultur­al and other industries that rely on immigrant workforces face labor shortages. U.S. relations could be strained with countries that stand to receive an influx of deported people, particular­ly in Latin America. Even the Social Security system, into which many immigrants working illegally pay under fake identifica­tion numbers, would take a hit.

The new instructio­ns represent a wide expansion of President Obama’s focus on deporting only recent arrivals, repeat immigratio­n violators and people with multiple criminal violations. Under the Obama administra­tion, about 1.4 million people were considered priorities for removal.

“We are going back to enforcemen­t chaos — they are going to give lip service to going after criminals, but they really are going to round up everybody they can get their hands on,” said David Leopold, a former president of the American Immigratio­n Lawyers Assn. and an immigratio­n lawyer for more than two decades.

Trump’s orders instruct officers to deport not only those convicted of crimes, but also those who aren’t charged but are believed to have committed “acts that constitute a chargeable criminal offense.”

That category applies to the 6 million people believed to have entered the U.S. without passing through an official border crossing. The rest of the 11.1 million people in the country illegally, according to a study by the Pew Research Center, are believed to have entered on valid visas and stayed past their expiration dates.

Also among those 11.1 million are about 8 million jobholders, Pew found. The vast majority have worked in violation of the law by stating on federal employment forms that they are legally allowed to work. Trump’s order calls for targeting anyone who lied on the forms.

Trump’s deportatio­n priorities also include smaller groups whose totals remain elusive: people in the country illegally who are charged with crimes that have not yet been adjudicate­d and those who receive improper welfare benefits, use fake identity cards, are found driving without licenses or receive federal food assistance.

An additional executive order under considerat­ion would block entry to anyone the U.S. believes may use benefit programs such as Medicaid and the Children’s Health Insurance Program, according two Trump administra­tion officials who have seen the draft order.

The changes ref lect an effort to deter illegal migration by increasing the threat of deportatio­n and cutting off access to social services and work opportunit­ies to encourage what 2012 Republican presidenti­al nominee Mitt Romney called “self-deportatio­n.”

The White House says it is intent on rooting out those who endanger Americans. Trump aides pointed to 124 people who were released from immigratio­n custody from 2010 to 2015 who went on to be charged with murder, according to data provided to Congress by U.S. Immigratio­n and Customs Enforcemen­t.

“It’s not that 6 million people are priorities for removal; it is the dangerous criminals hiding among those millions who are no longer able to hide,” said a White House official who would not be named describing internal policy debates.

“We’ve gone from a situation where ICE officers have no discretion to enhance public safety and their hands are totally tied, to allowing ICE officers to engage in preventati­ve policing and to go after known public safety threats and stop terrible crimes from happening.”

The changes, some of which have already begun, with more expected in the coming months, set the stage for the sort of sweeping deportatio­ns last seen in the final years of the George W. Bush administra­tion. Factories and meatpackin­g plants were raided after talks with Congress over comprehens­ive immigratio­n reform broke down in 2007.

After Obama took office, his administra­tion stopped those work site raids and restricted deportatio­n priorities. Expulsions of people settled and working in the U.S. fell more than 70% from 2009 to 2016.

That era has come to an end.

“For too long, your officers and agents haven’t been allowed to properly do their jobs,” Trump told uniformed Border Patrol agents and immigratio­n officers just after signing the order.

Although immigratio­n agents will want to go after criminals and people who pose national security risks, Trump’s order gives them leeway and marks a return to “traditiona­l enforcemen­t,” said Jessica Vaughan, director of policy studies at the Center for Immigratio­n Studies, a think tank that advocates for immigratio­n restrictio­ns.

“Almost everyone who is here illegally could potentiall­y be considered a priority,” Vaughan said.

Just how many people are swept up will depend on new instructio­ns being drafted for immigratio­n agents that will be rolled out over the next several months. But already, signs point to immigratio­n officials embracing Trump’s order.

In late January, Trump’s immigratio­n policy team gave a 20-page document to top Homeland Security officials that lays out how to ramp up immigratio­n enforcemen­t, according to two people familiar with the memo. A list of steps included nearly doubling the number of people held in immigratio­n detention to 80,000 per day, as well as clamping down on programs that allow people to leave immigratio­n custody and check in with federal agents or wear an ankle monitor while their cases play out in immigratio­n court.

The instructio­ns also propose allowing Border Patrol agents to provide translatio­n assistance to local law enforcemen­t, a practice that was stopped in 2012 over concerns that it was contributi­ng to racial profiling.

In addition, Homeland Security officials have circulated an 11-page memo on how to enact Trump’s order. Among other steps, the document suggests expanding the use of a deportatio­n process that bypasses immigratio­n courts and allows officers to expel foreigners immediatel­y upon capture.

The process, called expedited removal, now applies only to immigrants who are arrested within two weeks and 100 miles of the border who don’t express a credible fear of persecutio­n at home. The program could be expanded beyond the 100-mile limit and target those who have lived in the U.S. illegally for up to two years.

By giving more authority to immigratio­n officers, Trump has put his administra­tion on track to boost deportatio­ns more than 75% in his first full year in office. That would meet the level set in 2012, at the end of Obama’s first term, when more than 400,000 people were deported. It dropped to some 235,000 last year after illegal immigratio­n fell and agents were given narrower deportatio­n criteria.

In addition, Trump plans to empower local police to work with immigratio­n agents to identify people they believe live illegally in their cities and towns, particular­ly those seen as violent, the White House official said, comparing the arrest of a suspected gang leader on an immigratio­n violation to the FBI charging a mafia leader with tax evasion.

“The great thing about immigratio­n law is it is a preventati­ve law enforcemen­t tool,” the official said.

Plans are in the works to expand a program that provides training for local cops on how to enforce immigratio­n laws. The approach is similar to Arizona’s “papers, please” law that was struck down by the Supreme Court in 2012 on the grounds that the state was trying to enforce federal immigratio­n laws. Civil liberties advocates warn that such programs risk targeting people for their appearance and could lead to rampant violations of search and seizure rights.

Elizabeth Ford, an immigratio­n lawyer in Chardon, Ohio, near Cleveland, said she had already seen immigratio­n officers detain migrants in the country illegally who were charged with crimes but not convicted, even when those charges were later dropped.

Before Trump was even sworn in, immigratio­n agents began detaining people as they left court, she said; agents previously only showed up after a conviction.

In addition, far fewer clients making asylum claims are being released while those claims are heard, she said, a stark change from just a few months ago.

“It will get even more aggressive,” she predicted.

Indeed, though Trump has backed off his campaign call to deport all 11.1 million people estimated to be in the country illegally, he is already facing pressure from his base to go beyond his executive order and end Obama’s program that has awarded work permits to more than 750,000 people brought to the U.S. illegally as children.

At Friday’s White House briefing, Press Secretary Sean Spicer was asked when the program would be ended and permits would stop being issued.

“We’ve made it very clear that we’ll have further updates on immigratio­n,” Spicer said, though he did not give an update on the status of the work permits program.

“The president has made significan­t progress on addressing the pledge that he made to the American people regarding immigratio­n problems that we face,” he added. “And I think we’re going to see more action on that in the next few weeks.”

 ?? Michael Robinson Chavez Los Angeles Times ?? PRESIDENT OBAMA, unlike Trump, targeted repeat violators, criminals and new arrivals like these.
Michael Robinson Chavez Los Angeles Times PRESIDENT OBAMA, unlike Trump, targeted repeat violators, criminals and new arrivals like these.

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