FOUR: Immigration enforcement: the impact of crimmigration on mixed-immigration-status families in the US and the need for reform

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Forced familial separation via detention and deportation is a looming threat facing the 6 million US-citizen children who currently live in households with at least one undocumented parent. Today’s immigration landscape is characterized by a complex proliferation and intensification of existing immigration enforcement tactics at the federal, state, and local level separating tens of thousands of children from their parents and producing irreparable harm. In FY 2022 alone, Immigration and Customs Enforcement (ICE)—carried out 142,750 arrests, imprisoned a daily average of 30,000 individuals in one of the nation’s immigration prisons, and deported over 70,000 persons. While these numbers are lower than record highs of 2019 (nearly a quarter million removals), rates have steadily increased each month since early 2022 as the world recovers from a global pandemic. Likely, we will continue to see increases in the imprisonment and removal of non-citizens in the forthcoming years. Many of these detentions and deportations are made possible via “crimmigration.” Although criminal law and immigration law are two separate systems, crimmigration is a term used by scholars to describe the process of blending the two whereby non-citizens who are convicted of a criminal offense may also have their current and future immigration statuses jeopardized. Specifically, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) created a loophole for immigrants to experience dual punishment for the same act by placing all non-citizens who are arrested by police (criminal law) at risk of imprisonment in a detention facility and removal proceedings (civil law).

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