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Report: Miami Immigration Court Routinely Defies Dept. Of Homeland Security Deportation Orders

REUTERS/Joshua Roberts

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JP Carroll National Security & Foreign Affairs Reporter
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Miami authorities are allowing illegal immigrants to remain in the country despite the Department of Homeland Security (DHS) ordering they be deported.

Judges on the Miami Immigration Court rank as the fifth most lenient in the country according to report by Syracuse University’s Transactional Records Access Clearinghouse (TRAC). Nationwide, 57 percent of illegal immigrants up for deportation at DHS’ request were allowed to stay in the U.S. in the first ten months of fiscal year 2016. But in Miami, a full 75.8 percent of all illegal aliens slated for deportation were allowed to remain.

“Across the board, we have a great judiciary in the immigration court in Miami. No. 1, it is extremely diverse. They have a good representation of a cross section of the country and the community. There are Hispanics, African Americans, men, women, young judges and older, really experienced judges,” said Miami immigration attorney Wilfredo Allen in defense of the court. “Many foreign nationals who are in front of Miami judges have longstanding ties to the community, U.S. citizen children and spouses, and thus are eligible for Obama prosecutorial discretion (low priority removals), and so DHS moves the court to administratively close the case,” opined Attorney Tammy Fox-Isicoff in an interview with The Miami Herald.

Twenty-five percent of the illegal immigrants permitted to remain in the U.S. are Mexican, according to the TRAC report. The Northern Triangle countries — Guatemala, El Salvador, Honduras — which have been suffering from longterm drug-fueled gangland warfare, made up 44 percent of the illegal immigrants allowed to stay in the U.S. in 2016.

Illegal immigrants numbering 96,223 in total have been permitted to remain in the U.S. so far in 2016 versus 106,676 for all of 2015. America is on track to exceed 2015 numbers of illegal immigrants courts will overlook, if TRAC data is accurate.

The Miami Immigration Court is a federal court which operates under the authority of the Department of Justice’s (DOJ) Office of the Chief Immigration Judge (OCIJ) within the Executive Office of Immigration Review (EOIR). Other cities which allegedly surpass Miami in terms of defying DHS deportation orders are Phoenix, New York, Denver, and San Antonio, according to the TRAC report.

Judges in these sorts of courts are typically paid a hefty sum for their services whether they uphold the law or not. The six judges on the Boston Immigration Court court rake in between $137,000 and $167,000 a year. Boston’s Immigration Court is the eight most lenient in the country, letting 73.9 percent of illegal immigrants stick around.

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