Critics of the Alien Absconder Apprehension Initiative claim the program is tearing apart families as the government is enforcing old removal orders.  The crackdown began in 2002 against immigrants from predominantly Muslim countries, and last June, incorporated those convicted of crimes.  Recently, the Initiative has shifted to anyone who has violated immigration rules.

Many of the immigrants that are facing removal did not realize that there was an order of removal pending against them.  A number of individuals are being arrested and deported years after the order of removal was finalized, leaving their families scattered around the globe.

According to a government study of the issue, approximately two-thirds of orders were issued in absentia when the immigrant failed to show up for a hearing.  While some of the immigrants fled the country, a majority of the files were simply hampered by wrong addresses, backlog, and other problematic data, leaving the former INS plagued with incidents of failing to notify immigrants of hearings and of removal orders. 

The crackdown is intended to improve the immigration department’s track record of deporting only 13 percent of those who were not detained when they were ordered removed.  Immigration and Customs Enforcement stated that the operation was simply an overdue enforcement of existing laws. 

Once an immigrant has a final order of removal on file, they are not entitled to a hearing or a bond because they are deemed to have already exhausted their due process rights by not being present at the hearing.