The Consequences of Deferring “Deferred Action”

Photo by Larry Engel

The Obama administration’s recent announcement of a sweeping initiative designed to remove the shadow of deportation from the lives of nearly 800,000 undocumented immigrants residing in the U.S. is the latest twist in the dual saga of immigration policy reform and enforcement. According to government sources, including the Secretary of the Department of Homeland Security (DHS) Janet Napolitano, the carefully worded policy of “deferred action” is not an attempt on the part of the administration to sidestep a deadlocked Congress, an example of executive overreach, nor a strategic campaign maneuver during an election year in which the Hispanic vote could be decisive. It is simply the “right thing to do.”

The disparity between this morally grounded, high-level rhetoric and actual immigration law enforcement practices—which last year resulted in a record 400,000 deportations—has sent mixed signals about the current administration’s sincerity. It seems that the rising rate of deportations, touted last year as a “step in the right direction,” is beginning to be viewed within the administration as an unfortunate miss-step. Nonetheless, to many advocacy groups who lobbied in support of the DREAM Act and against blind enforcement of immigration laws, this Friday’s announcement by the Department of Homeland Security provoked a case of déjà vu. Only a year ago, in June 2011, U.S. Immigration and Customs Enforcement Director John Morton enthusiastically revived the policy of “prosecutorial discretion,” promising to scale back the removals of young students, military service members, and others. However, as of May 29 of this year, only 4,363 cases —a mere two percent of the 232,000 backlogged cases under review—had been administratively closed or dismissed.

Beyond questions of electoral politics and policy implementation, one thing is certain: for many undocumented immigrants and their U.S.-based families, deferred action has come too late. A recent report from DHS cited that during the first six months of 2011 alone, over 46,000 parents of U.S. citizen children were forcibly removed—a statistic that raises serious concerns about the health and social impacts of deportation on U.S. Latino communities. As the current administration seeks to hammer out a consensus regarding a long-term solution to the country’s broken immigration system, it is crucial that such a consensus be informed about the consequences of political miss-steps.

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