The Republican’s Shiny Object Campaign Message: Let’s Deport Millions!!

By:  Richard Hanus, Esq.

August 1, 2024

Immigrants living in the U.S. are scared, especially our nation’s 12 million undocumented foreign nationals, the majority of whom are otherwise law abiding and hard working and have deep family ties here, including U.S. citizen spouses and children. The upcoming election and the loud, muscular calls for mass deportations from the Republican side is the reason.

Back in 1986, Ronald Reagan was President and our nation enacted the Immigration Reform and Control Act of 1986, where almost 3 million otherwise law abiding undocumented immigrants were afforded a life changing path to legalization, or as some would call it, an amnesty. 38 years later, our nation has gradually become home to an even larger undocumented population, with an accumulation of more than 12 million foreign nationals finding a way to make the U.S. their home. To be sure, our society arrived at this moment under the leadership of a series of Republican and Democratic presidents at the helm.

For the upcoming election though, Republican candidates for offices at all levels, especially in the race for President, are trying to out yell each other about who is going to deport the most undocumented immigrants and in the shortest period of time. Of course we have heard this song before, and many people wonder what such a multi million person deportation project would look like or whether such a plan is just pure hyperbolic political hype.

Let’s start with the capacity of the current immigration law system to effectuate the deportation of more than 12 million undocumented foreign nationals. First, our government, by law, cannot just round up all undocumented individuals and put them on buses, planes, or ships back to their home countries.  No, the vast majority are entitled to a hearing before an immigration judge and an opportunity to apply for relief (defense) from removal. Then they are allowed the right to appeal an adverse decision.

According to the latest government statistics the U.S. Department of Homeland Security employs more than 1,300+ Immigration and Customs Enforcement prosecutors and the U.S. Department of Justice employs more than 600 immigration judges, spread across a nationwide network of 68 immigration courts.

Also important to note, more than 2 million cases are now pending before immigration courts across the U.S.

Factoring in these numbers along with the reality that a mass deportation plan will increase the current immigration court case load 6 fold and that millions will be applying for relief in defense of their deportation proceedings, we are looking at having to expand these agencies exponentially.  Actually, make that MEGA-exponentially!

Interestingly, for millions among this population, a grant of relief from removal can actually even lead to the issuance of resident status (Green Card). More specifically, “cancellation of removal” relief (with resulting, green card issuance) is available to many battling deportation, if they have resided here 10+ years, have little or no criminal record, and have immediate U.S. family members who will experience exceptionally unusual hardship. Additionally, asylum related relief is available to individuals fearing return to their home country due to religious, political or other types of persecution they stand to face. So, the mass deportation plan may actually lead to a mass legal status plan for millions. Sound familiar?

While the mass deportation initiative makes for an alluring campaign message for many in the Republican party, it is heavy on fantasy, and very light on practicality.  For the intended audience, the red meat, “round them up” message feels wonderfully reassuring, with promises about dangerous criminals and terrorists being forcibly removed from our nation.

But in reality, the vast majority of the undocumented population are hard working, otherwise law abiding folks, raising families and performing jobs Americans are typically repelled by, and no matter the wage.  Furthermore, the threat of dangerous criminal and terrorist foreign nationals is and has generally always been an ongoing priority for our nation’s interior, immigration law enforcement apparatus.

The alternative plan, proposed by most if not all Democrats, is to provide a path to legalization for this population, so long as no serious criminal issues are in an applicant’s past.   No question about it, such a plan involves rewarding those who break our immigration laws, and might even meet the definition of an “amnesty”, even if applicants must meet many requirements and jump through a series of bureaucratic hoops.  However, over the past decades, our nation has embraced a de facto amnesty, where the very folks who would qualify for a path to legalization are simply ignored by our immigration law enforcement and allowed to live their lives quietly and in the shadows.

So as election season heats up, make sure you understand exactly what a mass deportation plan involves, the billions it would cost, the net benefits and who it impacts – including the families that get uprooted, the departure of huge portions of our nation’s workforce and the companies that will go out of business.   Being practical about dealing with our nation’s undocumented population, does not mean we cannot also value strong and serious immigration law enforcement or the expansion of immigration law options for intending immigrants and employers looking to fill jobs.   Just don’t get snookered by campaign messaging that’s heavy on grievance and fear mongering and light on practical answers to our nation’s immigration problems.