By Susan Martin, Donald G. Herzberg Professor Emerita of International Migration, Georgetown University, Journal contributor
In July, San Juan County experienced what other U.S. communities have already encountered — the apprehension and detention of long-term residents by masked officers of the Department of Homeland Security. These arrests are part of Donald Trump’s promise to undertake mass deportations of those without full legal status in the United States.
Mass deportation is not new. During the Great Depression, an estimated 400,000 to 1 million Mexicans, including U.S. citizens, left the U.S. for Mexico. Most of them were considered “voluntary returnees,” albeit at the coercion of local, state and federal agents – what is now called self-deportation. About 80,000 were deported more formally through immigration authorities. In 1954, a larger mass deportation — referred to as “Operation Wetback,” a racial slur — led to the removal of an estimated 300,000-400,000 Mexicans through formal deportation processes and as many as 1.5 million who voluntarily returned, many fearing to remain in the country.
The Trump administration’s policies on mass deportation build on these prior efforts. In fact, President Trump spoke favorably about Operation Wetback on the campaign trail. The current mass deportation strategy is using scare tactics to force returns, as occurred in the 1930s and 1950s. The Trump administration has also apprehended legal permanent residents, particularly those who participated in political protests, and has threatened naturalized citizens with denaturalization. Even U.S. citizens have been detained in this process.
Trump has claimed that his deportations prioritize the removal of those committing serious felonies. The statistics state otherwise. A recent study by the Cato Institute shows that 65.4 % of immigrants apprehended by Immigration and Customs Enforcement had no criminal convictions. Only 6.9% had committed violent crimes. Faced with apprehension quotas and recognizing that few migrants are arriving at the border, ICE officers are increasingly focused on detaining immigrants with long-standing ties to American communities, many of whom are already known to the government.
One strategy is to detain immigrants who are responding to an order to show up in immigration court; another is to stop drivers for routine inspections. Although the Secretary of the Department of Homeland Security denies that agents use racial profiling, Border Czar Tom Homan has stated, “People need to understand ICE officers and Border Patrol don’t need probable cause to walk up to somebody, briefly detain them, and question them … based on their physical appearance.” With passage of the recent reconciliation bill that has given ICE and other immigration enforcement agencies billions of additional dollars to apprehend, detain and deport immigrants, the pressure to use that money will only grow. So too will efforts to deport immigrants to countries where they have neither citizenship nor family ties, including ones, such as El Salvador and South Sudan, that are highly unstable.
Many of these policies are now under litigation. As new measures are taken by the administration, more lawsuits are likely to follow. In the meantime, what can we do to help immigrants and their families at risk of detention and deportation?
First, make sure that everyone in our community knows their rights with regard to immigration enforcement. While it is imperative that immigrants understand their rights, it is also important that citizens know theirs as well, particularly if they are helping immigrants through this difficult time. The American Civil Liberties Union has a useful set of advisories at https://www.aclu.org/know-your-rights/immigrants-rights.
Second, help immigrants obtain legal counsel. The statistics are clear — those with counsel are significantly more likely to prevail in immigration court if they are represented by a knowledgeable attorney or other accredited representatives.
Third, support organizations that are fighting the Trump executive orders and regulations. For example, the Northwest Immigrant Rights Project (https://www.nwirp.org/), based in Seattle, has class action cases pending to release immigrants from detention, stop removal to countries where deportees have no links and prevent the administration from denying citizenship to the children of undocumented immigrations and temporary workers, among others. NWIRP also represents and advises individual immigrants facing potential deportation.
Fourth, tell the governor, attorney general and members of the Legislature that you approve of their efforts to protect the rights of immigrants in Washington state and beyond. For example, Washington has sued the federal government over birthright citizenship and adopted laws over the past year to address poor conditions in the private detention center in Tacoma and to allow employees to use paid sick leave to prepare for and participate in immigration proceedings.
Fifth, use your vote to elect leaders who will fight for the rights of all residents of this country, regardless of their immigration status.
