Change in Laws Sets Off Big Wave of Deportations
By MIRTA OJITO
In the two years since Congress passed tough laws to stem the flow of illegal
immigration to the
United States, Federal authorities have deported almost 300,000 immigrants
to countries all over
the world, more
than twice the number who were sent back in the two years before.
The unprecedented
number of deportations has been possible because for the first time the
Immigration
and Naturalization Service has both the Congressional mandate and the money
to
investigate
and prosecute violators of immigration law, arrest immigrants with criminal
convictions
and would-be
immigrants at the border and swiftly deport them from the United States
-- sometimes
in less than
12 hours.
Many of the immigrants
who are deported are barred from returning to the country for five years
or
more. Some are
barred for life.
"The rules have
changed," said Kerry Bretz, a Manhattan immigration lawyer and former I.N.S.
prosecutor.
"The agency has become completely enforcement-minded."
Flush with almost
a billion dollars earmarked for the detention and deportation of immigrants,
the
I.N.S. is now
the largest Federal law enforcement agency, the Justice Department says.
The
immigration
service has more than 15,000 officers authorized to carry weapons and make
arrests,
more than the
Federal Bureau of Investigation, the Bureau of Prisons, the Customs Service
or the
Drug Enforcement
Administration.
"It is as if,
suddenly, war had been declared on immigrants," said María Jiménez,
director of the
Immigration
Law Enforcement Monitoring Project of the American Friends Service Committee,
a
nonprofit organization
in Houston that documents abuses on the United States-Mexico border.
"Stopping immigrants
from entering the country has become more important than the war against
drugs."
Representative
Lamar Smith, a Texas Republican who is chairman of the House Immigration
Subcommittee
and one of the architects of the law, said the number of deportations demonstrated
that the law
was working, though not yet to his satisfaction. The I.N.S., he said, is
deporting only a
small percentage
of those who should be deported.
"The goal is to make sure as many illegal aliens as possible return home," he said.
Before the law
was changed, most of those deported had been convicted of crimes. Now,
the
majority do
not have criminal records but are caught at the southwest border trying
to enter the
country with
no documents or with fake documents.
But about 78,000
illegal immigrants who were already living in the country were also deported
in the
last two years.
They were arrested during job raids, at routine traffic stops, at airports
while returning
from abroad
and even at immigration offices, where immigrants often go to seek services
and
sometimes end
up under arrest.
Many had lived
here for years, working, paying taxes, studying and establishing families.
Their
deportation
often causes a great deal of emotional pain and financial distress to the
families left
behind.
The family of
Fernando Giraldo, one of the people deported last year, is still trying
to get him back
to New York
City, where he lived and worked for almost a decade.
Giraldo, a 36-year-old
amateur poet from Colombia, sneaked into the United States through the
southwest border
a decade ago. The authorities detained him at the airport in El Paso, Tex.,
as he
was about to
board a plane. An immigration judge ordered him to leave the country in
30 days and
released him
on bond.
But Giraldo ignored
the judge's decision and flew to New York to join his family in Brooklyn.
For
nine years,
he went undetected by the authorities. He worked as a maintenance supervisor
in a
Manhattan hotel
and led what he calls "a normal, happy life."
His luck ran
out one morning in the summer of 1997. Giraldo had gone to the downtown
Manhattan
immigration
office for a scheduled interview with an immigration officer, one of the
steps in his quest
for permanent
residency. He said he was sure the meeting would conclude with a handshake
and a
stamp on his
Colombian passport, making him a legal resident of the United States.
Instead, Giraldo
was arrested, handcuffed and sent to a detention center in Jamaica, Queens.
Less
than 48 hours
later, he was on a plane to Bogotá. He is now barred from trying
to enter the United
States for 10
years and, even then, his return is not guaranteed.
"I never even
finished breakfast," Giraldo said from his home in Pereira, Colombia. "I
had told my
mother that
we would have coffee when I returned from the interview and I just never
did."
With Giraldo's
deportation, his mother, María Judith Valencia, 63, and his sister,
Maritza Giraldo,
22, both permanent
residents of the United States, were left to fend for themselves. Valencia,
who
suffers from
muscle spasms in her eyelids and cannot keep her eyes open without medication,
started
making pastries
at home and selling them. Giraldo, a senior studying marketing at Baruch
College,
had to leave
school to find a job.
Goal for Deportations Is Set, and Exceeded
Last year, the
year Giraldo was deported, the immigration agency set a deportation goal
for the first
time -- and
surpassed it: 114,285 people were deported in the Federal fiscal year ending
Sept. 30,
1997; the goal
was 93,000. In fiscal 1998, when $748 million, a record, was budgeted solely
for the
detention and
deportation of undesirable immigrants, 169,072 people were deported. The
goal was
127,300.
The money has
allowed the agency to triple the number of beds available in detention
centers and
local jails
around the country and increase personnel by 80 percent. The added beds
and staff are
crucial because
the agency must detain immigrants before deporting them.
The increase
in funds has also allowed immigration officials to conduct more investigations
than it had
in the past.
Now, the agency can routinely conduct job raids and check on anonymous
tips from,
say, people
who notice a sudden influx of immigrants in their neighborhood. They also
have the
resources to
identify a particular problem in a specific state and try to combat it
through deportation.
Just two months
ago, I.N.S. agents rounded up more than 500 legal immigrants in Texas who
had at
least three
drunken-driving convictions. Their detention is the first step in a process
that could
culminate in
their deportation. Immigration officials in Washington said no other state
had followed
Texas' lead,
but, by law, they could.
"We apprehend
and take into custody more people than any other agency in the world,"
said Russell
A. Bergeron
Jr., an I.N.S. spokesman in Washington.
The law got tougher
for immigrants who had not yet become citizens in 1996, when Congress
passed the Illegal
Immigration and Reform Responsibility Act.
Proponents of
the measure argued that illegal immigration was overtaxing public services
and
potentially
taking jobs away from citizens. The act granted the agency wide powers
previously
afforded only
to the courts.
Through a process
called expedited removal, for example, the law now allows immigration officials
to quickly deport
illegal immigrants who show up at airports and at the border. Immigration
officials,
not judges,
determine which of them can be deported and, therefore, barred from the
United States
for at least
five years. The decision can be made in a matter of hours and without a
lawyer
representing
the immigrant.
Before the law
changed, immigration officials at the border used to simply send illegal
immigrants
back without
formally deporting them. Undaunted, immigrants tried again and many eventually
succeeded at
entering the country undetected. Now, any immigrant caught trying to enter
the country
after having
been formally deported can be prosecuted and sentenced to prison.
Making More Crimes Grounds to Deport
The law also
expanded the definition of a deportable crime and directed the immigration
agency to
deport immigrants
convicted of crimes even if they were legal residents of the United States.
While
the agency has
always been required to deport murderers and rapists, now people who have
forged
checks or committed
minor sex offenses, like touching a woman inappropriately, are also being
deported. In
addition, the law took away the power of judges to consider mitigating
factors.
In the past,
many immigrants who had committed crimes were freed after completing their
sentences
because there
was no place to detain them pending deportation. Now, the law requires
-- and the
increase in
detention beds allows -- such immigrants to remain behind bars while awaiting
deportation.
More than 106,000 immigrants with criminal convictions were deported in
1998, a 52
percent increase
over the previous two years.
Immigration officials
say it is too early to know if the high number of deportations is having
the
intended effect:
to send a clear message to would-be immigrants that coming to the country
illegally is
punishable.
"After so many
years of the laws being ineffectual, it is going to take a long time to
restore the
credibility
of the immigration laws," Bergeron said. "You are not going to have an
overnight shift on
the way people
think."
Lawyers and advocates
for immigrants, though, say the laws have begun to affect the lives of
their
clients. Detention
and deportation of people already living in the United States legally or
illegally has
become so pervasive
that many of these immigrants -- who, unlike those caught at airports or
at the
border, have
the right to hearings and appeals -- are giving up on the legal process
and leaving the
country on their
own.
By doing that
-- in essence, deporting themselves -- they may avoid both a formal Federal
deportation
order and a long stay at a detention center while their cases wind through
the courts.
Those who are
not criminals can also avoid being barred from re-entering the country.
"The law, in
practical terms, deprives them of due process," said Nancy Morawetz, a
professor at
New York University
School of Law. "Congress passed these laws without paying really close
attention to
them. And the results are just awful."
A Law So Broad, Even The I.N.S. Has Doubts
Even immigration
officials say the law is too broad. To detain all the convicted criminals
who should,
under the law,
be behind bars, the I.N.S. will have to receive even more funds from Congress,
Bergeron said.
Immigration officials have calculated that the agency would need up to
21,000
additional beds
and as many as 1,500 additional employees. To cover those costs, the current
budget of about
$700 million will have to increase by $652 million.
"We've always said the law went too far," Bergeron said.
Already, some
detention centers are dangerously overcrowded, lawyers for immigrants say.
Last
month, about
80 detainees at the center on Varick Street in Manhattan protested because
they were
sleeping on
mattresses on the floor in a dormitory meant to house only 42.
To avoid such
disturbances, Bergeron said, the agency will have to continue choosing
whom to
detain and whom
to let go. But just how those choices are made is not always obvious to
immigrants'
relatives.
Pam Gaul, whose
adopted son, John Gaul, awaits deportation at a jail in north Florida,
said she
could not understand
why the authorities considered him a dangerous criminal worthy of deportation.
Gaul, 25, was
convicted of check fraud and of stealing a car four years ago. Because
he was born in
Thailand and
never became a United States citizen, he is what the law calls a "criminal
alien," and,
thus, deportable.
Gaul, 52, and
her former husband adopted John when he was 4 and always thought that,
because
they were citizens,
he would be protected by United States law. He is not, the authorities
said.
"He made a mistake,
but do we punish him for life?" asked Gaul, a respiratory therapist at
a Tampa
hospital. "Essentially,
for me, they are trying to take away his life and they are ripping our
family
apart."