EDITORS/NEWS DIRECTORS:
The Republican Party’s 2024 platform calls for “the largest deportation operation in American history.” It remains to be seen how far President-elect Donald Trump will go but don’t expect him to follow through on his pledges overnight when he takes office Jan. 20.
Deportations are often a financial, logistical, diplomatic and legal challenge. While U.S. Immigration and Customs Enforcement carries them out every day, doing so on a massive scale for the estimated 11 million people in the country illegally as of 2022 — plus many more on temporary status that may expire — would take time. The all-time high for deportations was 432,000 in 2013. ICE publishes statistics quarterly but is sometimes behind.
Here are some things for editors and reporters to keep in mind.
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DON’T BELIEVE RUMORS
Rumors of mass immigration arrests can run rampant. Try to confirm any operations with ICE or participating agencies before reporting on them, especially with regard to the scope. Use the term “raid” only when there is a major show of force, such as a large number of officials with guns drawn or forced entry into a home or business with a judicial order.
Advocacy groups that do “know your rights” workshops in immigrant communities can make introductions to people affected by deportations and control rumors. It may be helpful to attend a workshop. When searching for advocacy groups, look for those that have the most direct contact with immigrants.
ICE’s Enforcement and Removal Operations unit makes arrests, with a notable exception. ICE’s Homeland Security Investigations unit handles worksite enforcement, which includes raids on factories and offices. Those high-profile operations weren’t done under the Obama and Biden administrations but will likely return when Trump is back in the White House.
ICE’s ERO officers knock on doors and do surveillance to target people who have exhausted legal channels to stay in the country or have criminal records. While they are a priority, officers may carry out “collateral” arrests of people who are not targeted but happen to be in the area. Even so, ICE’s resources are limited, forcing the agency to rely extensively on state and local authorities.
KNOW STATE AND LOCAL POLICIES ON WORKING WITH ICE
State, county and city governments that limit cooperation with federal immigration authorities are called “sanctuary” jurisdictions, though there is no agreed-upon definition of what actions qualify for that label.
Sanctuary jurisdictions may limit complying with ICE’s petitions to hold someone temporarily after there are no reasons to detain them for violating non-immigration laws. These requests, called “detainers,” give ICE time to dispatch officers and make arrests.
Some jurisdictions may restrict sharing information with ICE, including arrests and release dates. They may prohibit ICE officers from entering county jails to question or arrest detainees.
On the other end of the spectrum, many states, counties and cities work closely with ICE and volunteer information about people in their custody, making it far easier to deport someone. Some counties sign contracts with the federal government for their jails to be used for immigration detention. Some have 287(g) agreements, named for a section of a 1996 immigration law, authorizing police to enforce immigration laws.
Identify the key laws and policy in state and local governments. How many people have been detained or turned over to ICE? Do they contract with ICE to provide detention space? Are there policies on sharing information with ICE and providing jail access to ICE officials?
The Immigrant Legal Resource Center, a pro-immigration group, publishes maps of key state and local government policies with links to statutes. The Center for Immigration Studies, which seeks to sharply limit immigration, also publishes a map of sanctuary jurisdictions.
Trump and his aides have suggested a far bigger role for states to provide National Guard troops and detention space for mass deportation. While nothing concrete has been announced and use of the military may present legal and financial obstacles, watch for Trump-allied governors to line up.
AN ARREST IS OFTEN JUST THE BEGINNING
People generally have a right to appear before an immigration judge before being deported. There are exceptions — for example, for those who have already received a judge’s final order of deportation.
Fast-track deportations that sidestep immigration judges, called “ expedited removals,” are used at the border, though people who fear return may be screened for asylum. Trump expanded fast-track authority nationwide in 2019 but President Joe Biden dropped the effort while advocates were challenging ICE in court.
Immigration courts are backlogged with more than 3.7 million cases and it often takes years for judges to rule. Syracuse University’s Transactional Records Access Clearinghouse provides detailed breakdowns of the backlog by individual court.
Immigration courts are open to journalists and the general public, but immigrants may close them for hearings that address merits of their claim and render a final ruling. Attending court at an immigration detention center can pose delays due to security procedures; it is easier to observe a hearing in a non-detained setting. Individual case files are not publicly available.
People fighting deportations may hire lawyers at their own expense. Immigration Advocates Network publishes an extensive directory of providers that work for little or no charge, searchable by ZIP code. They can be valuable resources for journalists, not just for their own work in immigration court but for identifying advocacy groups that do “know your rights” workshops and have strong contacts in immigrant communities.
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Trump picks a pair of experienced advisers motivated to carry out his immigration crackdown
Trump’s goal of mass deportations fell short. But he has new plans for a second term
Localize It is a reporting resource produced by The Associated Press for its customers’ use. Questions can be directed to Katie Oyan at koyan@ap.org.
A man on an overpass holds signs against the U.S. Immigration and Customs Enforcement, ICE as people participate in a march for "International Day of Action and Solidarity with Migrants" in downtown Los Angeles on Wednesday, Dec. 18, 2024.. (AP Photo/Damian Dovarganes)
