Aaron Reichlin-Melnick Profile picture
Sep 27 11 tweets 4 min read Read on X
This report by @BillMelugin_ gets facts wrong and omits essential context: that millions of people on ICE's non-detained dockets have been here for decades.

By FY 2015, already 368,574 people on the docket had convictions. Many can't be deported, often for diplomatic reasons.
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In the report, Bill repeatedly refers to people on ICE's non-detained docket as "illegal immigrants."

In fact, the non-detained docket contains many people who came here with green cards and then lost their status due to a criminal conviction. Some have been here for decades. Image
Many of those on ICE's non-detained docket who have a final order of removal but haven't been deported yet come from countries which refuses deportations.

As of 2022, there were 40,000 post-order Cubans living in the US. Many got out of jail decades ago.
miamiherald.com/news/nation-wo…
In addition, people with records may be on ICE's non-detained docket for years if they proved to a judge that they would be persecuted or tortured if deported to their home country.

These people are issued final orders of removal, but the orders are "withheld" or "deferred." Image
By telling the viewer there are 425,431 people with criminal convictions on the docket, while omitting the context that the number was 368,574 in 2015, the viewer is mislead.

In nine years, that number went up 15%—while the docket as a whole went up 225%.
Throughout the report, Bill also uses the phrase "roaming the country" to refer to people on ICE's non-detained docket.

That is extremely inflammatory language when we're talking a population which includes millions of people who are dutifully checking in with ICE when asked.
Years ago, I had clients with criminal convictions on ICE's non-detained docket. They included a kid with a green card in his 20s who had an arrest for pot from when he was 17, and a guy with a green card who'd had a heroin problem in the 90s and had been sober for over a decade.
These people were not roaming the country. The first guy worked at Ashley Furniture and was raising a beautiful kid with his wife. The other guy was a businessman who worked hard to put his demons behind him. Both committed deportable offenses, yes, but I'm glad they got to stay.
Unfortunately, none of this nuance is present in the report above. The overwhelming message left by the report is that a horde of immigrant criminals are "roaming the country," so lock up your loved ones and stay scared.

This is why context matters.
Thanks for finally getting around to providing this crucial context. I genuinely appreciate the correction.

Unfortunately, millions of people saw the report and are drawing wildly wrong confusions about it. The damage has been done.
Wildly wrong conclusions, not confusions. Autocorrect got me there. But it is a somewhat apropos typo.

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More from @ReichlinMelnick

Sep 28
This is wrong. ICE’s non-detained docket includes many people whose cases ended years ago and who can’t be deported due to legal, diplomatic or humanitarian issues.

The number of people on the docket with convictions rose just 15% in 9 years — while the docket itself rose 225%.
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Here is Tom Homan's testimony to Congress in support of Trump's FY 2018 budget request, noting that in June 2017, there were 177,000 people on ICE's non-detained docket with prior convictions AND final orders.

As I said—many have been here for decades. This isn't some new thing. Furthermore, abolishment of the Priority Enforcement Program and re-establishment of the Secure Communities program, combined with the expansion of the 287(g)2 program, is expected to result in significant increases to interior apprehensions and removals. As of June 3, 2017, there were 968,773 individuals on ICE’s non-detained docket with final orders of removal, of which 177,496 were convicted criminals. In order to safely and securely carry out this mission across the Nation, ERO will require additional deportation officers to handle this increased workload. The FY 2018 Budget supports hi...
Here is some further context on *why* someone might be on ICE's non-detained docket with a serious conviction but not deported.

I explained some scenarios where this might happen yesterday in the below thread.
Read 4 tweets
Sep 15
Trump here uses the phrase "remigration." I was unfamiliar with the term, so I googled it.

Wikipedia describes it as a "far-right and Identitarian political concept" largely used to describe the mass deportation of non-white immigrants and their descendants from Europe.
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Needless to say, the use of such a loaded far-right term suggesting a purge of non-white people in the US far greater than described would itself be newsworthy in a normal world. But given how much else has happened just in the last 24 hours, it's barely even been noticed.
Yep, though given how poorly Operation Janus did the first time around and how tough it is for the US government to denaturalize people, I suspect that’s more about driving support from the base than actual policy (which is not to say it shouldn’t be taken seriously).
Read 5 tweets
Sep 5
That's roughly $1,841 per person. By comparison, a bus ticket to New York costs about $215, while a flight costs about $350.

It would have WAY cheaper to just give migrants money for tickets. Abbott's effort not only made it a political stunt, it lined a contractor's pocket.
The overwhelming majority of migrants didn't want to stay in Texas. They wanted to go elsewhere. So if the question was the most efficient way to help them leave the state, the answer would be just buy them tickets and not pay millions to bus them to NYC.
They are able to live wherever they want while they go through the court process. It's just that many people used up every last cent to get here, so a free bus from Abbott was a very enticing option, especially since it was going to known option like NYC.
Read 5 tweets
Aug 19
It's here! The biggest executive action since DAPA/Extended DACA in 2014 just dropped on the Federal Register in the form of a "Notice of Implementation." Here's a 🧵on the Biden admin's new program for undocumented spouses and stepchildren of US citizens. public-inspection.federalregister.gov/2024-18725.pdf

Screenshot of the first page of the "Notice of Implementation" of the Keeping Families Together program.
Before I dive into the fine details, a reminder of why this new program matters.

Even though spouses of US citizens are eligible to apply for green cards, a 1996 law keeps that process out of reach for many undocumented immigrants. Read 👇 for more.
In June, Biden announced "Keeping Families Together," letting undocumented spouses of US citizens receive immigration "parole."

This would not only give deportation protections, it unlocks the path to a green card without risking 10 years of separation.
americanimmigrationcouncil.org/research/biden…
Read 18 tweets
Aug 16
Wow! Paxton is going after ANOTHER immigrant rights nonprofit. He's arguing that if any nonprofit engages in activities he thinks violate 501(c)(3) status, he can sue to shut it down.

That argument should send shivers through every nonprofit in the state! houstonchronicle.com/politics/texas…
Paxton is trying to punish @FIELHouston for social media posts which he argues run afoul of the limits federal law places on 501(c)(3) nonprofit status.

If judges accept that argument (and so far it seems they're not), it would put every nonprofit in the state at risk. Image
Paxton's efforts to destroy this particular nonprofit are happening simultaneously with two federal lawsuits in which FIEL is a plaintiff against Texas.

@MALDEF, which represents FIEL, argues this was "not accidental" and accuses him of fighting dirty. maldef.org/wp-content/upl…

The timing of Paxton’s proposed quo warranto petition is not accidental. Paxton filed his proposed petition while FIEL participates as a plaintiff in two civil rights lawsuits that challenge Texas’ election statutes, including one case that names Paxton as a defendant. This Court can take judicial notice of other litigation alleging retaliatory conduct by Paxton, including firing top assistants for good faith reporting of suspected illegal conduct. See Office of the Attorney General of Texas v. Brinkman, 636 S.W.3d 659, 663-70 (Tex. App.—Austin 2021, pet. denied). Paxton filed the instant a...
Just months earlier, on October 4, 2023, the Executive Director of FIEL testified at trial in LUPE v. Abbott regarding the negative effects of Texas SB1 on FIEL and its members (which afford the organization standing to sue and go to the merits of its claims). Paxton’s request for a temporary and permanent injunction here, including his request to temporarily “halt[] FIEL's operations in toto” and permanently dissolve FIEL’s existence (QW Pet. at 1, 4), seeks either an end-run around the federal court’s jurisdiction to determine the validity of the motion Paxton filed or to try to bootstrap...
Read 4 tweets
Aug 14
Not commenting on the election here, just noting that deporting what some estimate at half of all farmworkers in the country is the kind of thing that will cause grocery prices to go UP, not down.
The estimate I’m referring to is that half of all farmworkers are undocumented immigrants, currently.

Temporary agricultural work visas are nice, but they don’t come even close to filling the demand for labor on US farms/ranches/meatpacking plants.
The U.S. Department of Agriculture. The data is available here:

Data from the Center for Migration Studies shows that contrary many of the responses, most have been here for years, with no path to “fixing their papers” available. ers.usda.gov/topics/farm-ec…
cmsny.org/agricultural-w…



Image
Figure 3 depicts the percent of undocumented agricultural workers in the United States by their year of arrival. Only 8 percent of undocumented agricultural workers currently in the United States entered the country between 1990 and 1995, and 17 percent entered between 1995 and 2000. Nearly half of the undocumented agricultural workforce arrived between 2000 and 2010, having been part of the US economy for more than a decade. Only 30 percent of undocumented agricultural workers arrived in the United States within the past 10 years.
Figure 3. Percent of Undocumented Population of Agricultural Workers, by Year of Arrival    Source: CMS calculations using the American Community Survey (ACS) data, Ruggles et al. (2021)
Read 5 tweets

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