How to Stop a Deportation

Abstract

O n an overcast September morning that seemed like any other, twenty-year-old Steve Li woke up early and began getting ready for his classes at the City College of San Francisco. He ignored the unexpected ringing of the doorbell, until it was replaced by an urgent pounding at the door. Moments later, as he stood in the bathroom, he heard his mother’s voice as she answered the door. What happened next is a nightmare familiar to some 11 million undocumented people who reside in the United States, many of whom live day to day with uncertainty. Deportations are on the rise. According to data from the Department of Homeland Security, last year they hit a record high of nearly 410,000, a rate double what it had been over the previous ten years. And that number doesn’t include “voluntary returns” — mostly people who are picked up by border patrol and forced to leave. Under the two Obama administrations, U.S. Immigration and Customs Enforcement (ICE) has deported more people than during Bush’s presidency. Nearly half of those deported in fiscal year 2012 had no criminal record, like Steve Li. Of those with criminal convictions, most were convicted of low-level offenses such as forgery, driving without a license, or drinking in public. Too often, individuals facing deportation have endured this process in isolation, sometimes further isolated by feelings of shame. But with increasing frequency, communities — often those with the fewest legal rights — are organizing to expose and resist the violence of deportation. It is an understatement to say that it is difficult to stop a deportation. Legal codes regulating immigration and deportation can be arcane and esoteric, and are described as among the most complicated of U.S. laws. Nevertheless, victories are possible. One ad hoc defense group convinced a state senator to intervene in a deportation. Another campaign halted a seemingly irreversible final removal order at the eleventh hour — the procedural equivalent of slamming the brakes on a train and watching it come to a screeching halt at the edge of a cliff. Other times, victory manifests in meaningful but less measurable forms: a box full of letters, an extension granted in an appeals process, or a packed room full of supporters.