I've been out on vacation for a few days so haven't posted this daily chart, but now that I'm back, time to talk about a not-so-good week the Biden administration is having.
After two straight weeks of progress, the number of kids in custody has unexpectedly hit a plateau.
One of the reasons this week hasn't seen a plateau is that there are a few hundred more unaccompanied children coming to the border this week compared to last week. But that could easily be normal variance and the trendline is still good.
The real concern is releases from ORR custody to sponsors. Last week was the first week since the Biden administration began reporting daily numbers that we saw the average number of children released to sponsors go *down.* And this week is on track for another drop!
The combination of falling numbers of releases to sponsors and (as of this week) a small increase in unaccompanied children coming to the border means that the trendline on net changes in children in custody has been going in the wrong direction for a few days.
All of this could easily be a few day speed bump and we could see numbers start going back down again within the next week or so.
This isn't the first time we've seen a speed bump in this process either. So this could easily be normal variance.
This week shows that the Biden administration's response to unaccompanied children is still quite fragile. Lots of successes but we're not out of the woods.
To end this thread with some good news, we're about to drop below 20,000 kids in custody for the first time since April 6.
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In every single major immigration raid so far, the MAJORITY of people arrested by DHS officers have no criminal record whatsoever — not even any traffic violations or misdemeanors.
In Washington, DC, it was 84% of all those arrested. In Los Angeles, 57%. In Illinois, 66%.
That is simply not true. Not only is being undocumented not a crime, but to have a criminal record requires someone to have been arrested for an offense in the past.
Neither of those offenses are relevant to the question of whether being undocumented is a crime, nor the question of whether a person who may have committed a crime for which they weren't charged can accurately be described as "having a criminal record."
This is FALSE. As the Supreme Court spelled out very clearly 125 years ago, “subject to the jurisdiction thereof” refers to three categories of exceptions, two ancient and one uniquely American.
- Children of diplomats
- Children of occupying soldiers
- Native Americans
Mr. Wong’s parents were ineligible for citizenship in a way today’s permanent residents are not. And the Court was clear that the 14th Amendment codified the ancient rule of birthright citizenship.
Also, Trump’s EO claims to bar citizenship even for children of ppl here legally.
That is exactly what the excerpt says. Read it again. “The real object of the Fourteenth Amendment … would appear to have been to exclude … (besides children of members of the Indian tribes…), the two classes of cases” recognized in common law.
Obviously I have little sympathy for this guy, given his offenses. But I do want to explain why it is that this man was still in the country and not deported under any previous admin, including the first Trump admin.
In short - because for 50+ years, Cuba refused deportations.
Florida's sex offender registry says that Mr. Milian has two convictions relating to a single court case from 1996. So he's been deportable for at least 29 years.
But from 1965 to 2017, Cuba refused to accept any deportations of people who were inside the United States. Period.
The result of this diplomatic impasse means that for 50+ years, Cuban noncitizens convicted of a crime in the U.S. and ordered removed were mostly treated like regular American ex-con. After they did their time they'd be transferred to immigration custody and eventually released.
THREAD: Judge Ellis is the first federal judge to review extensive body cam video of DHS's actions in Chicago. She finds that DHS *repeatedly* misled the public and made claims that were disproven by agents' own videos.
I'll go through some of the most egregious ones here.
On October 28, @DHSGov claimed that days earlier "rioters" had "shot at agents with commercial artillery shell fireworks," thus forcing agents to deploy tear gas and riot munitions.
Judge Ellis reviewed the video. This was completely false. The explosions were DHS's flashbangs!
@DHSgov DHS claimed that agents were forced to use riot munitions to disperse an "unruly mob" on Sept. 19.
In fact, "the scene [was] quiet," and then "almost immediately and without warning, agents lob flashbang grenades, tear gas, and pepper balls, stating 'fuck yea!' as they do so."
Rep. Jayapal is correct -- it is not a crime to be undocumented. Here's the Supreme Court saying as much.
Plus, less than 10% of the undocumented population has a removal order, and would only be chargeable if they had willfully disobeyed it, and many don't know they have one.
As for 8 USC 1325, illegal entry applies only to the undocumented population that crossed illegally, meaning visa overstays or people who came via humanitarian parole commit no crime -- and the statute of limitations is 5 years, so most people couldn't even be criminally charged.
Two things can be true at once:
1. It is not a crime to be undocumented, as the Supreme Court itself has noted. 2. A subset of the undocumented population (far less than half) is theoretically criminally chargeable for specific immigration violations.
🧵Today a federal judge is looking into horrific conditions inside ICE holding cells in Chicago, which until January were for stays under 12 hours absent exceptional circumstances.
People are now held for days — and ICE uses the threat of longer stays to get deportation orders.
The excerpts I'm posting are taken from over a dozen sworn declarations submitted in a lawsuit seeking to force ICE to improve conditions. I'll link to the docket at the end of the thread.
One thing comes through clearly in these declarations: the cells are FILTHY.
Multiple immigrants detained at the facility say ICE officer demanded that they sign deportation paperwork, refused to let them talk to lawyers, and threatened them when they wouldn't sign documents in English that they couldn't read.