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Bloggings on Deportation and Removal

by Matthew Kolken

TRAC Report: Lack of Transparency in Prosecutorial Discretion Initiative

More from the desk of the most transparent administration in U.S. history.

On April 12, 2012, Syracuse University's TRAC Immigration received a letter from Immigration and Customs Enforcement's (ICE) top FOIA Officer, Catrina M. Pavlik-Keenan, stating that ICE "cannot reliably identify" cases it has filed or has pending before the Immigration Courts.  

As a result of the Agency's record keeping incompetence, rather than release partial data, the Obama Administration has decided to withhold all data on its Immigration Court caseload.

Parenthetically, it took almost an entire year for the Obama Administration to acknowledge ICE's failure to "reliably" keep records on the individuals that are being deported from this country.

In related news, the prosecutorial discretion review program has had virtually no effect on reducing the number of pending deportation cases.  According to TRAC, the backlog has been reduced less than one percent of the 298,173 cases (a total of 2,609 cases) pending before the Immigration Courts as of the end of last September.

That is if the numbers released for review are accurate.

...and that is one seriously big "if."

About The Author

Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.