DHS quota requires ICE to keep an average of 34,000 prisoners

In the past five years, Homeland Security officials have jailed record numbers of immigrants, driven by a little-known congressional directive known on Capitol Hill as the “bed mandate.”

The policy requires U.S. Immigration and Customs Enforcement (ICE) to keep an average of 34,000 detainees per day in its custody, a quota that has steadily risen since it was established in 2006 by conservative lawmakers who insisted that the agency wasn’t doing enough to deport unlawful immigrants.

“We know ICE can fill more than 34,000 beds, so why would they use less?” said Culberson, a member of the House Homeland Security appropriations subcommittee, which ties ICE funding to its compliance with the mandate.

ICE has been meeting Congress’s immigration detention goals by reaching deeper into the criminal justice system to vacuum up foreign-born, legal U.S. residents convicted of any crimes that could render them eligible for deportation. The agency also has greatly expanded the number of undocumented immigrants it takes into custody after traffic stops by local police.

Department of Homeland Security (DHS) officials say that they are not needlessly jailing immigrants to meet a quota and that they find plenty of candidates for detention and deportation by targeting criminals who pose a threat to public safety and border security.

But critics of the mandate note that the majority of ICE detainees are not violent offenders. Immigration judges eventually allow many to remain in the United States, but the detainees may spend months in costly federal custody.

Nearly 48 percent of the 350,000 immigrants over the past 16 months who triggered an “ICE detainer” — a request by the agency that local jails or police hold an individual until ICE can pick them up — had no criminal convictions, not even traffic violations, according to the TRAC Immigration Project.

With federal spending on immigration detention and deportation reaching $2.8 billion a year, more than doubling since 2006, the mandate has met growing skepticism from budget hawks in both parties, particularly after DHS officials told Congress during the “sequestration” debate in April that the agency could save money by lowering the bed mandate to 31,800 and relying on cheaper alternatives to jails. But House Republicans successfully pushed back, set the mandate at 34,000 detainees and ordered ICE officials to spend nearly $400 million more than they requested.

Former ICE director Julie Myers Wood, who led the agency from 2006 to 2008 under President George W. Bush, said a congressional mandate for ICE to maintain a minimum number of detainees was a reasonable guideline at the outset of her tenure, when the Border Patrol was making more than a million arrests per year. 

ICE operations are largely unaffected by the government shutdown, since the agency’s workers are among the federal employees considered essential, DHS officials have said.

Some of the additional money provided by Congress will be spent filling beds at places such as the brightly painted Karnes County Civil Detention Center, which opened here last year amid bobbing oil derricks on the rolling plains south of San Antonio. It holds more than 600 detainees, but ICE prefers not to call them that.

They are “residents,” guarded by unarmed “resident advisers,” and they sleep in air-conditioned, unlocked “suites” with flat-screen TVs overlooking volleyball courts and soccer fields. The low-security facility, built and operated on the government’s behalf by a private contractor, the GEO Group, offers computer labs, libraries and microwaves for making popcorn.

Congress’s expanding detention goals have been a boon to the contractors, especially Florida-based GEO Group and Tennessee-based Corrections Corp. of America.
http://www.washingtonpost.com/world/controversial-quota-drives-immigration-detention-boom/2013/10/13/09bb689e-214c-11e3-ad1a-1a919f2ed890_story.html

Why is ICE so determined to deport immigrants?
A 2010 article in the Washington Post gives us the background to the ever expanding deportation numbers under the Obama administration: 

U.S. immigration officials are seeing each person as a number to meet their goals, rather than a human being with rights that should be given his or her due process. While the official policy of the Obama administration was to focus on the worst offenders, in practice, efforts were placed on attaining the 400,000 deportation goal. The same article continues:

“For ICE leadership, it’s not about keeping the community safe. It’s all about chasing this 400,000 number,” said Chris Crane, spokesman for the American Federation of Government Employees Council 118, which represents ICE workers.

Since November, ICE field offices in Northern California, Dallas and Chicago have issued new evaluation standards and work plans for enforcement agents who remove illegal immigrants from jails and prisons. In some cases, for example, the field offices are requiring that agents process an average of 40 to 60 cases a month to earn “excellent” ratings.

Such standards present a problem, said one San Francisco area agent who spoke on the condition of anonymity to avoid reprisal. Instead of taking a day to prepare a case against a legal resident with multiple convictions for serious crimes, agents may choose to process a drunk driver or nonviolent offender who agrees to leave the country voluntarily, because it will take only hours.

DHS is adamant that they do not use quotas. Rather, they call them “annual performance goals”. To meet such goals, agencies must devise strategies that target low-priority immigrants and create incentives for increased arrests.

Read more:
http://lupergv.wordpress.com/2013/02/21/why-is-ice-so-determined-to-deport-immigrants/