IN ARIZONA, INS DEPORTS UNDOCUMENTED MIGRANTS BEFORE TRIAL

Between October 1, 1998 and July 31, 1999, the INS office in Phoenix, Arizona deported 3,361 undocumented people who had been charged with serious crimes after they were released on bond, but before they ever stood trial.  According to an INS spokesperson, once the person waives their right to a hearing before an Immigration Judge, they are deportable.

This plan does not sit so well with local law enforcement officials, however.  Asked a spokesman for the Maricopa County District Attorney, “Why isn’t this facilitation of obstruction of justice?  If you are released on bond, you promise to stay within the jurisdiction unless you receive permission from the court to travel.”

This situation has been created by two practices – the INS granting voluntary departure to leave the US without a deportation on their record and the INS’ practice of taking custody of a person as soon as they are released on bond.  If someone’s only immigration violation is unlawful entry into the US or a visa overstay, and they have no criminal history, they can seek voluntary departure, meaning they forgo their right to a hearing and are deported immediately.  Thus, once someone is released on bond, prior to any conviction, they can obtain voluntary departure.  While there is a process for such people to return to the US to stand trial, most don’t.  Discussions between the INS and the Maricopa County District Attorney’s office are ongoing in an attempt to resolve this problem.

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