Court Deportation Proceedings: Immigration enforcement perpetuates a culture of fear and distrust, creating irreparable damage when separating immigrant families and communities.

Each indicator page features a series of charts, insights and analysis, case studies, and related indicators.

• Between 2017 and 2019, under the Trump administration, the total number of deportation cases initiated across the state increased significantly from 41,035 to 71,068, respectively. In 2020, due in part to the COVID-19 pandemic, there was a sharp decline in the total number of deportation cases initiated (25,531). Yet, by 2021, there was an uptick to 29,124 deportation cases initiated.
• Due to the COVID-19 pandemic and policies like Title 42, U.S. Immigration and Customs Enforcement (ICE), along with other agencies, scaled back some of their operations, resulting in a lower number of deportations and individuals that are detained. For example, during FY 2021, ICE recorded 59,011 deportations, a sharp decrease from 185,884 deportations in 2020. In addition, the average daily number of individuals that were detained by ICE decreased to about 19,200 during FY 2021–the lowest number since 1999. Yet by June 2021, the number of new deportation cases filed was on the rise.
• Throughout the state, among all deportation cases initiated between 2001 and 2021, 40% were issued removal orders as of February 2022.
• As of February 2022, across the state, among all deportation cases initiated between 2001 and 2021, 71% of deportation cases that were not represented legally were issued removal orders. By comparison, out of all deportation cases that were represented legally, 16% were issued removal orders.
• Studies have shown that most immigrants placed in removal proceedings actually appear for their court hearings. An analysis by the American Immigration Council (AIC) points out the limited nature of the Executive Office for Immigration Review’s (EOIR) metrics on missed court appearances. The AIC’s analysis reveals that between Fiscal Years (FY) 2008 through 2018, 83% of all non-detained immigrants with a completed or pending removal case attended all their court hearings. Moreover, during that same time frame, 96% of all represented immigrants attended all their court hearings. The analysis further shows that 15% of immigrants who were in removal proceedings due to a missed court appearance, reopened their cases and had their removal orders overturned, suggesting that those who did not appear in court likely faced barriers in doing so.  
• A study examining data from 2012-2015 revealed that 68% of detained immigrants throughout California lacked legal counsel. Moreover, that same study showed that detained immigrants who had access to counsel succeeded more than five times as often than those that were unrepresented.
• Although Black immigrants composed only 5% of the undocumented population and 7% of the non-citizen population in the U.S., they composed nearly 11% of all immigrants in removal proceedings between 2003 and 2015. Additionally, Black immigrants are impacted by both the immigration and criminal legal system, meaning Black immigrants are more likely to be deported on criminal rather than immigration grounds. In Fiscal Year 2013, about 76% of Black immigrants were deported on criminal grounds.
• Research shows that family separation creates long-term developmental impacts for children and families, including psychological, social, and health problems that extend beyond reunification.
• A report examining the impact and implementation of SB-54 among 169 law enforcement agencies (LEAs) throughout California, showed that between January 2018 and May 2018, SB 54 had reduced immigration arrests. Yet the report pointed to the need to ensure full compliance with SB 54 across all localities and implementation of stronger protections that are inclusive of all immigrants. Further, a 2022 report by the ACLU of Northern California examining immigration enforcement locally in the Central Valley, reveals that local law enforcement agencies continue to undermine protections for immigrants set forth in policies like the TRUST, TRUTH, and California Values Act or SB 54. For example, their analysis of TRAC data shows that throughout the Central Valley, in FY 2021, 1,571 immigrants were placed in removal proceedings. By 2014 (when the TRUST Act went into effect) that number doubled to 3,224, and in 2019 (after the Values Act went into effect) that number surged to 7,404. The report also calls for the need for stronger protections such as those outlined in the VISION Act, which would have prevented immigrants from being funneled into immigration detention (in August 2022, despite community support and advocacy, the bill failed to pass through the state senate by only three votes). 
• A 2017 report by the Center for American Progress found that sanctuary counties, or counties that do not collaborate with federal immigration enforcement by holding people past their release date, are safer than non-sanctuary counties, as families can remain together, local economies are strengthened, and crime rates are lower.
• In 2021, the Biden administration established “dedicated dockets” in 11 cities to rapidly process asylum cases. The program tried to distinguish itself from “accelerated dockets” which have been used by the U.S. government to accelerate immigration proceedings while simultaneously severely restricting timelines and creating additional barriers for individuals seeking asylum. According to a report by the UCLA Law Immigrants’ Rights Policy Clinic analyzing TRAC data, these dedicated dockets mirror accelerated dockets that curtail due process for asylum seekers. Their analysis shows that about 70% of people on the L.A. Dedicated Docket do not have access to legal representation. Moreover, as of February 2022, among the 449 completed cases, 99% resulted in removal orders and only 1% in relief.
• Implemented in 2019 under the Trump administration, Migrant Protection Protocols (MPP) significantly changed asylum processes at the U.S. southern border. Referred to as MPP 1.0 under the Trump administration, MPPs forced certain asylum seekers to remain in Mexico as they requested asylum, and ultimately until their case was decided, creating additional barriers and dangers for individuals seeking safety. Amidst the COVID-19 pandemic, MPP hearings were suspended periodically creating further challenges for asylum seekers. For example, harsh living conditions in shelters and restrictions related to the COVID-19 pandemic, forced many migrants to make the decision to return to their home countries and children were separated from their families, as they crossed the border alone. As Biden took office, legal battles over the program's termination resulted in the program’s suspension and reinstatement in 2021 (referred to as MPP 2.0 due to changes to the program). Nevertheless, data suggests that under MPP 1.0, a majority of immigrants did not have access to legal representation and obtaining relief under this program was nearly impossible (a pattern likely to continue under MPP 2.0). An analysis of TRAC data on MPP deportation proceedings through October 2021 showed that about 8% of migrants under MPP 1.0 had access to legal representation. In addition, by December 2020, only 521 of the 42,012 MPP cases that had been completed under MPP 1.0, were granted relief. As of August 11, 2022 after several legal battles over the program’s termination, MPPs were terminated. Nevertheless, MPPs will have long-lasting impacts for the many immigrants who were enrolled.