Depite Stated Goals, Terror is a Rare Charge in Deportation Proceedings

While U.S. immigration agencies assert that anti-terrorism is their primary mission, they tried to deport only 12 people on terrorism-related charges from 2004 through 2006.^[1] That is, they deported 12 people out of 814,073 for terror- related reasons. In addition, because the number of terrorists currently in the United States is unknowable, there is no way to tell if 12 is too low, too high or correct.^[2] "The right number is unknowable...[b]ut the budget and powers of this agency are influenced by all their talk and rhetoric about terrorism and criminals and if that isn't what they are doing, it should be considered by Congress and the public," co-author David Burnham said in an interview.^[3]

Burnham is co-director of the Transactional Records Access Clearinghouse (TRAC), which is a private research group at Syracuse University who analyzed the work of two Homeland Security agencies — Immigration and Customs Enforcement and Customs and Border Protection.^[4] TRAC analyzed records of the more than 200 immigration court judges employed by the Justice Department back through 1992 and the department's records of criminal cases brought in U.S. district courts.^[5]

TRAC also found that a separate, broader category of national security charges were brought to try to deport an additional 114 people during the three years. Criminal charges such as human trafficking, drug dealing and other traditional crimes were used against 106,878, or 13 percent of those the government tried to deport.^[6] Homeland Security agencies were credited during the period with producing or assisting on only 31 of 620 criminal prosecutions in district courts against defendants whom prosecutors labeled international terrorists, domestic terrorists or terrorism financiers.^[7]

The overwhelming majority of deportation cases — 86.5 percent — were based on traditional immigration violations such as sneaking past border inspections, not having a valid visa or overstaying a student visa, TRAC said.^[8]

TRAC also discovered evidence showing that the 12 persons targeted for deportation on 14 separate terrorist charges might have been too high.^[9] Only four of the charges were upheld by immigration judges; six were withdrawn by Homeland Security; one was not sustained; two are pending; and one was otherwise dealt with.^[10]

Homeland Security spokesman Russ Knocke said the study failed to appreciate record-setting enforcement totals.^[11] "They seem not to grasp that immigration laws are a powerful authority in preventing security risks from setting foot on our soil...[t]he vast majority of immigration violations are either going to be criminals or economic migrants who arrive illegally, but we're tough for that off-chance one presents a national security concern," Knocke said.^[12]

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^[1] Michael J. Sniffen, Study: Few Deportations Terror Based, Associated Press Newswire, May 29, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.