ICE releases detained immigrants in budget-cutting move

March 26, 2013

ICE releases detained immigrants in budget-cutting move

Article provided by David Trevino
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In early March 2013, U.S. Immigrations and Customs Enforcement announced plans to release a number of immigrants from detention centers throughout the United States. According to a report in the Associated Press, approximately 2,000 immigrant detainees have been released.

All of the immigrants who were released were either deemed "non-criminals" or "low-risk offenders." They were detained as part of a federal program that jails immigrants who are in the country illegally and awaiting deportation. Some immigrants in ICE custody were detained simply for being undocumented, while others were convicted of crimes and put into detention after their criminal sentences had been served.

So far, ICE has been tight-lipped about the exact reasoning behind the releases, and whether they signal a long-term shift in U.S. immigration policy. At the time it announced the releases, ICE attributed the decision in part to the looming budget cuts the agency will face as part of the sequester. It says that it can no longer afford to detain so many immigrants, especially those who pose little or no risk to public safety. Agency officials have said that ICE's limited resources would be better focused on immigrants who have committed more serious crimes, like human trafficking, drug offenses or crimes of violence.

Releases mired in controversy

ICE's move has been decried by many lawmakers who prefer that the federal government take a stricter approach to tracking down, detaining and deporting undocumented immigrants and others who have committed immigration violations. Included in this group are several Texas republicans. According to the Houston Chronicle, these lawmakers have accused the Obama administration of using the releases to scare opponents into supporting the president's budget proposals.

Others, however, hope the releases foreshadow a change toward a more sensible and sympathetic immigration policy. They say there is simply no need to detain immigrants who do not pose any risk to public safety and, because detention is so disruptive to the lives of immigrants and their families, doing so can actually do more harm than good. They argue that there are better and less-costly ways to ensure that immigrants stay out of trouble and show up for their court dates.

Undocumented immigrants still face consequences

The recently released detainees aren't going to get a free pass to stay in the United States. Those who were awaiting deportation will likely still face removal proceedings. However, instead of waiting in detention, they will be placed on supervised release. Most will have to check in regularly with immigration officials, and some will be outfitted with GPS tracking devices.

Even if the release signals a change in immigration policy, there can still be severe penalties for being caught as an undocumented immigrant in the United States. Individuals facing adverse immigration action would be wise to consult with an experienced immigration attorney who can help them assert their rights and protect their futures.