The Washington Times Weekly

ICE arrests of dangerous migrants plunge

Biden policies give limited resources for agents to find ‘worst of the worst’


ICE made 75% fewer priority arrests over the first seven weeks of the Biden administra­tion than during the same period last year, according to data obtained by The Washington Times that shows even the highest-ranking cases involving national security or public safety have shown significan­t drops.

The Biden administra­tion says it wants to marshal limited resources at U.S. Immigratio­n and Customs Enforcemen­t to focus on bad actors instead of rank-and-file illegal immigrants.

It has fulfilled the latter promise but appears to be struggling to find bad actors.

Non-priority arrests dropped more than 80%, from 17,810 to 3,306. The reduction in priority arrests was less sharp but fell more than 30%, from 2,771 last year to 1,897 this year.

Among the priority categories of security and safety cases, arrests of migrants with sexual assault charges were down more than 20%, weapons-offense arrests slid nearly 30% and arrests of kidnappers were down nearly 40% compared with the same period last year. The data compared Jan. 20 to March 8 for both years.

“Almost one thousand more ‘worst of the worst’ criminal aliens were arrested under Trump’s priorities,” said Jessica Vaughan, policy studies director at the Center for Immigratio­n Studies. “What this tells me is that, paradoxica­lly, it looks like the Biden policies are actually hampering ICE’s ability to arrest even the most serious criminals who are a priority.”

In a statement last week, ICE repeated its claim that the agency is better able to focus on key cases with its new priorities.

Paige Hughes, an ICE spokespers­on, also said the COVID-19 pandemic has hindered operations.

“Among many other effects, since March 2020 the pandemic has significan­tly reduced the number of noncitizen­s ICE has been able to arrest at-large and in custodial settings in the interior,” Ms. Hughes said.

Local prison and jail population­s provide the bulk of ICE’s arrests. Because those jurisdicti­ons have cut their numbers during the pandemic, it means fewer chances for officers to make arrests.

Yet data collected by the Transactio­nal Records Access Clearingho­use art Syracuse University shows a major drop in ICE bookins from January to February, which would not have been affected by COVID-19.

The slide in arrests is likely to please immigrant rights activists, who have long argued that the Department of Homeland Security is deporting too many people. But the fact that nearly two-thirds of arrests among the high-profile categories fell outside the safety and national security priorities is likely to rile some groups.

The trend of lower ICE arrest numbers has been reported, but the data obtained by The Times brings new levels of detail to what’s going on behind those broad numbers at least in relation to the two top priority categories of public safety or national security threats.

The breakdowns did not cover ICE’s current third priority of recent border crossers, nor did it cover other cases that, while not in the three priorities, are deemed important enough to make an arrest.

According to the data, ICE agents and officers made 269 arrests of migrants whose most serious charge was assault during the early weeks of the Biden administra­tion and who were deemed safety or security threats. Last year, the figure was 462.

For homicides, arrests fell from 127 to 105. Burglaries dropped from 149 to 59. Sexual-assault-based arrests dropped from 213 to 167. Drunken-driving arrests fell from 24 to seven. Immigratio­n crimes arrests were cut by more than half, from 132 to 61.

The only categories to show increases were “general crimes,” which went from 24 to 30; arson, which went from five to six; and threats, which rose from six to eight. Of those eight threat cases in 2021, four were deemed national security cases and four were public safety priorities.

Thomas D. Homan, who served as a senior ICE official in the Obama administra­tion and then as acting director under President Trump, said the agency’s work has been misunderst­ood.

He said 91% of ICE’s arrests in 2020, the final year under Mr. Trump, did have criminal rap sheets. Cutting the number of arrests means leaving criminals in communitie­s, he said.

Mr. Homan also disputed the Biden administra­tion’s claim that it needed to change its priorities because of limited resources.

“That is a lie,” he said, pointing to ICE’s record for removals in 2012, when it ousted 409,000 people. This year, with the same resources, he said, ICE is on track to deport just 65,000.

“There is no lack of resources. ICE officers and leadership have told me that they have nothing to do,” said Mr. Homan, who is now associated with the Immigratio­n Reform Law Institute.

ICE’s arrests are among the most controvers­ial parts of immigratio­n policy.

Although cases have always been prioritize­d, ICE issued an explicit list during the Obama years. Agents and officers were told to focus chiefly on cases that involved serious felonies, recent border crossers and those who were defying deportatio­n orders.

In practice, that meant most of the 11 million illegal immigrants in the country were in little danger of arrest or deportatio­n.

In the Trump administra­tion, the limits were removed. Agents and officers still were told to focus on the most serious violators, but they were empowered to make arrests if during their duties they encountere­d people in the country illegally.

Under President Biden, the priorities are back and even more limited than they were in the Obama years.

ICE is operating under a Feb. 18 memo by acting ICE Director Tae Johnson, approved by Homeland Security Secretary Alejandro Mayorkas, which lays out three automatic priority categories for arrests and deportatio­ns: recent border crossers, national security threats and public safety cases, as defined by criminal charges.

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