The surge in unaccompanied minor crossings between 2011 and 2014 led to an overwhelming increase in the number of juvenile deportation proceedings, which coincided with a peak in intensified immigration enforcement at the state and local levels. Using data on juvenile deportation proceedings, we examine how tougher immigration enforcement might have influenced judicial rulings on these cases and, ultimately, these youths’ ability to stay in the country. We find that the average increase in immigration enforcement over that period is associated with a 15% reduction in the share of juvenile cases ending with permission to stay. The result underscores the importance of the immigration policy context in which courts operate on their rulings, even if immigration law is within the jurisdiction of the Federal government. Given the gravity of the circumstances these children are escaping, further attention to how the piecemeal approach to immigration enforcement might impact the protection of their humanitarian rights is warranted.
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Available at: http://www.refugees.org/our-work/child-migrants/i-am-solo.html [Last accessed July 3, 2015]. Children’s testimonies from the “I am solo” campaign—an online advocacy campaign to educate the public on the plight of the thousands of unaccompanied refugee children crossing the US southern border every week. More at refugees.org/iamsolo
First among President Obama’s executive orders, DACA offered eligible immigrants a renewable two-year reprieve from deportation proceedings and work authorization.
In contrast, children from Mexico or Canada are first screened by Customs Border Protection (CBP) officers. If the child is able to make independent decisions, is not a victim of trafficking, or does not fear persecution in her/his home country, s/he is immediately sent back to their home country through a process called “voluntary return.”
Appendix 2 details how unaccompanied minor cases are processed.
Immigration courts have been seriously overwhelmed by the growing number of juveniles in deportation proceedings in recent years. Figure 1 shows the rising trend after 2011, as well as the mounting number of pending cases.
Focusing on juveniles, they have pointed to individual child characteristics (sex, age, race, educational attainment, socioeconomic status, and residence), aggravating circumstances (especially gang membership, prior records, use of weapons, illegal drug use), alleviating circumstances (history of child abuse and maltreatment, familial instability), as well as the internal dynamics of the courtroom, which are, in turn, dependent on its size and ideology (see, for example, D’Angelo 2009).
See: http://www.ncsl.org/research/immigration/state-laws-related-to-immigration-and-immigrants.aspx#2013JanJune [Last accessed April 18, 2016].
See: U.S. Immigration and Customs Enforcement (2009).
ICE distinguishes between criminals in priority 1, 2, and 3 based on the charge for which they were arrested and their criminal history. Priority 1 are individuals convicted of an aggravated felony or multiple felonies, priority 2 are individuals convicted of a felony or three misdemeanors, and priority 3 are individuals convicted of, at least, one misdemeanor.
See: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_secure_communities.pdf. Last accessed: June 29, 2015. President Donald Trump has revived the program in February 2017.
Unlike federal and state courts, which are part of the judiciary, immigration courts are at the mercy of the executive power. The Attorney General, a cabinet appointment, acts as the arbitrator between the U.S. Department of Homeland Security and the immigrants the agency prosecutes. S/he is in charge of the Justice Department and its Executive Office for Immigration Review (EOIR). S/he appoints and, importantly, has the discretion to dismiss immigration judges. The lack of protections for immigration judges, such as life appointments that would give them freedom to do their job without fear of retribution if their rulings prove unpopular with the Administration in place, is a main weakness. As noted by Dana Leigh Marks, president of the National Association of Immigration Judges union: “Immigration judges can be disciplined or downgraded in a performance review for insubordination to a supervisor and thereby punished for their good faith interpretation of the law” (International Affairs Forum, Winter 2016).
Please see http://trac.syr.edu/aboutTRACgeneral.htmlfor detailed information on data collection process by TRAC for details.
Our data spans over 10 years, 3 countries of origin, and 50 court locations. We lose a few observations when, for the year in question, there were no juveniles in deportation proceedings.
Since the final outcome is the same, we lump the various rulings together to look at juvenile deportation proceedings in which the youth is allowed to stay in the country.
We do not have data on the characteristics of minors and, therefore, cannot assess if the latter significantly differ across courts. Appendix 2 provides a more detailed picture of how unaccompanied minors flow through the US Immigration System. At any rate, in our most complete model specification, we include county fixed effects indicative of the court’s location, as well as county-specific time trends. If youth characteristics were to systematically vary with the court’s location, the aforementioned controls should effectively capture that variation.
See https://www.dhs.gov/xlibrary/assets/dhs_u_visa_certification_guide.pdf [Last accessed on July 1, 2015].
The violent gang MS-13 (Maras Salvatrucha) was created, for the most part, by Salvadorians who immigrated to the USA after the Central American civil wars of the 1980s.
Further detail on the data sources can be found in Appendix 1.
We estimate a number of specifications that progressively add controls. County fixed effects (and the corresponding county-specific time trends, are included last. When doing so, state fixed effects (and their corresponding state-specific trends) are absorbed by the county fixed effects (and time trends).
An estimated 1.6 million Salvadorians resided in the USA in 2014, relative to 1 million Guatemalans and half a million Hondurans (authors’ tabulations using the American Community Survey).
See details about multiway clustering in Cameron et al. (2011).
We experiment with alternative definitions of our dependent variable (i.e., share of cases ending with permission to stay). Specifically, we try (1) excluding cases with ‘other closures’, and (2) excluding both cases with ‘other closures’ and those ending through prosecutorial discretion. The main findings in Table 4 prove robust to these alternative definitions. Results are available from the authors.
County fixed effects and county-specific time trends in the last model specification absorb state fixed effects and state-specific time trends.
The association between intensified immigration enforcement and a reduction in the share of juvenile proceedings ending with permission to stay is robust to the inclusion of the number of pending cases as an additional regressor. Results are available from the authors.
As mentioned earlier, immigration judges are likely sensitive to local sentiments and pressures during surge-like conditions. To show that is the case, we reestimate the models in Table 4 excluding the period corresponding to the surge in unaccompanied minors and the peaking of intensified immigration enforcement—namely, the years 2013 and 2014. Results, shown in Table 12 in Appendix 1, confirm the hypothesis that immigration judges are sensitive to surge-like conditions and to local sentiments potentially captured by tougher local immigration enforcement, as decisions no longer seem responsive to immigration enforcement in that case.
We exclude a few immigration courts in Arizona, California, and Florida, that had already implemented some of these more stringent immigration enforcement measures by 2005.
All these measures (287(g), SC, and OILs) rely on the same resources (namely, local and state law enforcement) to detect, apprehend, and detain undocumented immigrants. They frequently overlap and, jointly, help us better capture the intensity of police-based enforcement that we are trying to encapsulate.
We also estimate a model that includes all immigration enforcement policies separately. The results, available from the authors, show that the Secure Communities program, which came to replace the 287(g) agreements in many locations and gained nationwide coverage by the end of 2014, was the main confounder of the police-based immigration enforcement impact.
American Immigration Council. 2014. Children in danger: a guide to the humanitarian challenge at the border. Special report, July
Amuedo-Dorantes C, Lozano F (2015) On the effectiveness of SB1070 in Arizona. Econ Inq 53(1):335–351
Amuedo-Dorantes C, Pozo S (2014) On the intended and unintended consequences of enhanced border and interior immigration enforcement: evidence from deportees. Demography 51(6):2255–2279
Amuedo-Dorantes C, Puttitanun T, Martinez-Donate A (2013) How do tougher immigration measures impact unauthorized immigrants? Demography 50(3):1067–1091
Amuedo-Dorantes C, Pozo S, Puttitanun T (2015) Immigration enforcement, parent-child separations and intent to remigrate by central American deportees. Demography 52(6):1825–1851
Bohn S, Lofstrom M, Raphael S (2014) Did the 2007 legal Arizona workers act reduce the state’s unauthorized immigrant population? Rev Econ Stat 96(2):258–269
Byrne, O and Miller E. 2012. “The flow of unaccompanied children through the immigration system: a resource for practitioners, policy makers, and researchers” Center on Immigration and Justice. Available at http://archive.vera.org/sites/default/files/resources/downloads/the-flow-of-unaccompanied-children-through-the-immigration-system.pdf. Last accessed on 12 Apr 2016
Cameron AC, Gelbach JB, Miller DL (2011) Robust inference with multi-way clustering. J Bus Econ Stat 29(2):239–249. doi:10.1198/jbes.2010.07136
Capps R, Castañeda RM, Chaudry A and Robert Santos. 2007. Paying the price: the impact of immigration raids on America’s children, Urban Institute. Available at http://www.urban.org/uploadedPDF/411566_immigration_raids.pdf. Last Accessed on May 20, 2014
Cardoso JB, Hamilton ER, Rodriguez N, Eschbach K, Hagan J (2014) Deporting fathers: involuntary transnational families and intent to remigrate among Salvadorian deportees. Int Migr Rev. doi:10.1111/imre.12106
Chaudry, A., Capps, R., Pedroza, J.M., Castañeda, R.M., Santos, R. and Scott, M.M. 2010. Facing our future: children in the aftermath of immigration enforcement, February, Washington DC: The Urban Institute. Available at: http://www.urban.org/publications/412020.html. Last accessed on April 12, 2016
Chavez JM, Provine DM (2009) Race and the response of state legislatures to unauthorized immigrants. Ann Am Acad Pol Soc Sci 623(1):78–92
Creek HM, Yoder S (2012) With a little help from our feds: understanding state immigration enforcement policy adoption in American federalism. Policy Stud J 40(4):674–697
D’Angelo JM (2009) Juvenile court judges’ perceptions of what factors affect juvenile offenders’ likelihood of rehabilitation. Juv Fam Court J 53(3):43–55
Dreby J. 2012. How today’s immigration enforcement policies impact children, families, and communities. Center for American Progress. Available at: http://www.americanprogress.org/issues/immigration/report/2012/08/20/27082/how-todays-immigration-enforcement-policies-impact-children-families-and-communities/
Fernández V. 2011. “Border patrol abuses on the rise”, New America Media, News Report. Available at http://newamericamedia.org/2011/09/report-border-patrol-abuses-on-the-rise.php
Gillman H, Clayton CW (1999) The Supreme Court in American politics: new institutionalist interpretations. University Press of Kansas, Lawrence
Good M (2013) Do immigrant outflows lead to native inflows? An empirical analysis of the migratory responses to U.S. state immigration legislation. Appl Econ 45(30):4275–4297
Hagle T, Spaeth H (1991) Voting fluidity and the attitudinal model. Pol Res Q 44(1):119–128
Hanssen FA (2004) Is there a political optimal level of judicial independence? Am Econ Rev 94(3):712–729
Hopkins DJ (2010) Politicized places: explaining where and when immigrants provoke local opposition. Am Pol Sci Rev 104(01):40–60
ICE. 2012. IDENT/IAFIS Interoperability Statistics, 2. Available at: http://www.ice.gov/doclib/foia/sc-stats/nationwide_interop_stats-fy2012-to-date.pdf. Last accessed on 12 Apr 2016
ICE. 2013. Activated jurisdictions. Available at http://www.ice.gov/doclib/secure-communities/pdf/sc-activated.pdf. Last accessed on April 12, 2016
Immigration Policy Center. 2010. Local enforcement of immigration laws through the 287(g) Program, available at: http://www.immigrationpolicy.org/just-facts/local-enforcement-immigration-laws-through-287g-program. Last accessed on April 12, 2016
Kohli A, Markowitz PL, Chavez L. 2011. “Secure communities by the numbers: an analysis of demographics and due process”, the Chief Justice Earl Warren Institute on Law and Social Policy, Berkeley, October 2011. Available at: http://www.law.berkeley.edu/files/Secure_Communities_by_the_Numbers.pdf. Last accessed on 6 July 2014
Koper CS, Guterblock TM, Woods D, Taylor B, Cater T (2013) The effects of local immigration enforcement on crime and disorder. Criminol Public Policy 12(2):239–276
Kostandini G, Mykerezi E, Escalante CL (2014) The impact of immigration enforcement on the U.S. farming sector. Am J Agric Econ 96(1):172–192
Landale N, Thomas K, Van Hook J (2011) The living arrangements of children of immigrants. Futur Child 21(1):43–70
Landes WM, Posner RA (1975) The independent judiciary in an interest-group perspective. J Law Econ 18(3):875–901
Lim CSH (2015) Media influence on courts: evidence from civil case adjudication. Am Law Econ Rev 17(1):87–126
Massey DS, Pren KA (2012) Origins of the new Latino underclass. Race Soc Probl 4(1):5–17
Meissner, Doris, Donald M. Kerwin, Muzaffar Chishti and Claire Bergeron. 2013. Immigration enforcement in the United States: the rise of a formidable machinery. Report. Washington, DC: Migration Policy Institute. Available at: http://www.migrationpolicy.org/research/immigration-enforcement-united-states-rise-formidable-machinery. Last accessed on 12 Apr 2016
Nguyen MT (2016) Interior immigration enforcement: the impacts of expanding local law enforcement authority. Urban Stud 53(2):302–323
O’Neil, Kevin S. 2011. Challenging change: local policies and the new geography of American immigration. Ph.D. dissertation. Princeton University
O’Neil, KS. 2013. Immigration enforcement by local police under 287(g) and growth of unauthorized immigrant and other populations Available at SSRN: https://ssrn.com/abstract=2210765 or 10.2139/ssrn.2210765
Organization of American States. Inter-American Commission on Human Rights (2003) Special rapporteurship on migrant workers and their families 2003, Washington DC
Phillips S, Rodriguez N, Hagan J (2002) Brutality at the border? Use of force in the arrest of immigrants in the United States. Int J Sociol Law 30:285–306
Phillips S, Hagan JM, Rodriguez N (2006) Brutal Borders? Examining the treatment of deportees during arrest and detention. Soc Forces 85(1):93–109
Portes A, Rumbaut RG (2001) Legacies: the story of the immigrant second generation. University of California Press, Berkeley, CA
Ramji-Nogales J, Schoenholtz AI, Schrag PG (2007) Refugee roulette: disparities in asylum adjudications. Stanford Law Rev 60(2):295–411
Rosenblum MR, Kandel WA (2011) Interior immigration enforcement: programs targeting criminal aliens. Washington D.C.: CRS, 24. Available at: http://www.fas.org/sgp/crs/homesec/R42057.pdf. Last accessed on 12 Apr 2016
Rosenblum, Marc R. and Doris Meissner with Claire Bergeron and Faye Hipsman. 2014. The deportation dilemma: reconciling tough and humane enforcement. Washington, D.C.: Migration Policy Institute
Santos F. 2016) In immigration court, children must serve as own lawyers. The New York Times, Sunday, August 21
Steil JP, Vasi IB (2014) The new immigration contestation: social movements and local immigration policy making in the United States, 2000–2011. Am J Sociol 119(4):1104–1155
Strunk C, Leitner H (2011) Redefining secure communities: an increasing number of local coalitions are teaming up to oppose the controversial immigration enforcement program. Available at: http://www.thenation.com/article/165295/redefining-secure-communities#Last Accessed on 12 Apr 2016
Strunk C, Leitner H (2013) Resisting federal-local immigration enforcement partnerships: redefining ‘secure communities’ and public safety. Territory, Politics, Governance 1(1):62–85
The Huffington Post (2013) Secure communities criticized for deporting non-criminals in California” Available at: http://www.huffingtonpost.com/2013/09/11/secure-communities-non-cr_n_3906981.html. Last accessed on April 12, 2016
TVPRA. 2008. William Wilberforce Victims Protection Reauthorization Act of 2008. Available at: http://www.state.gov/j/tip/laws/113178.htm. Last accessed on April 18, 2016
U.S. Immigration and Customs Enforcement. 2009. Secure communities: a comprehensive plan to identify and remove criminal aliens. Available at http://www.ice.gov/doclib/foia/secure_communities/securecommunitiesstrategicplan09.pdf. Last accessed on April 18, 2016
United Nations. 2002. Report of the Special Rapporteur [On the human rights of migrants], Gabriela Rodríguez Pizarro, submitted pursuant to Commission on Human Rights Resolution 2002/62, U.N.Doc E/CN.4/2003/85.Geneva
Vaughan, Jessica M. 2013. “Deportation numbers unwrapped raw statistics reveal the real story of ICE enforcement in decline.”Center for Immigration Studies, October 1–16
Wong TK (2012) 287(g) and the politics of interior immigration control in the United States: explaining local cooperation with federal immigration authorities. J Ethn Migr Stud 38(5):737–756
Wooldridge J (2002) Econometric analysis of cross section and panel data. MIT Press, Cambridge, MA
We are grateful to three anonymous referees for their help and guidance during the review process.
Conflict of interest
The authors declare that they have no conflict of interest.
Responsible editor: Alessandro Cigno
How unaccompanied minors flow through the US immigration system
Unaccompanied children often enter the US immigration system when the Border Patrol, a division of Customs and Border Protection (CBP), apprehends them while crossing the border. They are transferred to a Department of Homeland Security (DHS) detention facility, where it is determined if the children are younger than 18 and unaccompanied. Special rules apply to unaccompanied children who come from the “contiguous countries” of Mexico and Canada. In those instances, the children are often provided the opportunity of voluntarily returning or, alternatively, requesting a hearing before an immigration judge. If the child chooses the last option, CBP must first conduct a screening to verify that: (1) the child is not a victim of trafficking or at risk of being trafficked upon return to the home country, (2) the child does not have a credible fear of persecution in that country, and (3) s/he is capable of making an independent decision to withdraw an application for admission into the USA. If the child does not meet these criteria, s/he must be transferred to the care and custody of the Office of Refugee Resettlement (ORR), as other unaccompanied children from noncontiguous countries.
ORR will arrange to house the child in one of its shelters or foster care. ORR oversees different types of shelters to accommodate unaccompanied children with different circumstances, including nonsecure shelter care, secure care, and transitional foster care facilities. A juvenile may be held in a secure facility only if s/he is charged with criminal or delinquent actions, threatens or commits violence, displays unacceptably disruptive conduct in a shelter, presents an escape risk, is in danger and is detained for his/her own safety, or is part of an emergency or influx of minors that results in insufficient bed space at nonsecure facilities. The same care providers also facilitate the release of unaccompanied children to family members or other sponsors who are able to care for them. Removal proceedings continue even when the children are placed with parents or other relatives.
DHS will file a notice to appear with the Executive Office for Immigration Review (EOIR) in the U.S. Department of Justice at the immigration court nearest to ORR’s placement. The court then schedules the child for a hearing. In some instances, immigration courts develop specialized juvenile dockets, which consolidate children’s cases for hearings. This allows ORR to transport a group of children to court at the same time. In most immigration courts, one judge or several judges cover these dockets. At a typical juvenile docket, the majority of detained children appear before a judge to ask for a continuance, which allows extra time for children to find pro bono representation or to wait for ORR to approve a sponsor reunification application.
Once a child receives a final order of removal or voluntary departure, DHS initiates the repatriation process by contacting the consulate of the child’s home country and ORR to inform its staff that DHS is in the process of obtaining travel documents from the consulate. Once travel documentation is in order, the child is transferred back into DHS custody and the agency arranges for transportation. Figure 3 shows the flow of unaccompanied children through the immigration system from the moment they are apprehended until they are removed.
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Amuedo-Dorantes, C., Puttitanun, T. Undocumented youth in limbo: the impact of America’s immigration enforcement policy on juvenile deportations. J Popul Econ 31, 597–626 (2018). https://doi.org/10.1007/s00148-017-0666-8
- Interior immigration enforcement
- Unaccompanied minors
- Juvenile deportation proceedings
- United States