ICE and immigrants

Virginia’s new governor, Abigail Spanberger, has made a big mistake. One January 17, Governor Spanberger signed Executive Order 1, which rescinds a previous directive from former Governor Glenn Youngkin that had required state police and corrections agencies to cooperate with ICE. I assume that like me most American’s want better control over illegal immigration and some, like me, what more legal immigration.

Surely when illegal immigrants are caught and convicted of a crime, they should be deported. Such persons are generally held in American jails. Thus, the proper and most efficient way to deport them is for local officials to turn them over to ICE. Governor Spanberger has made Virginia a sanctuary state. While the overwhelming majority of illegal immigrants have not committed any crimes other than overstaying their visas, President Trump even in his first term was determined to deport them, presumable at the urging of the immigrant hater Steven Miller.

As an aside, recently deceased CATO Vice President David Boaz’s husband was also named Stephen Miller and depending on which one we were referring to we said, “the good Stephen Miller” or “the bad Stephen Miller.” Even though first term Trump didn’t resort to masked ICE agents grabbing foreign looking people off the street, his push to deport illegals was very disruptive. “Illegal aliens”

We need to take a another shot at passing immigration reform legislation identical or similar to the 2013 legislation that passed the Senate but not the House. In the meantime, the masked ICE agents should be limited to deporting illegal immigrants who have been properly convicted of crimes. Their current behavior is disgusting and turning good hearted American’s off (that excludes the Bad Stephen Miller, of course) on the whole effort. This includes arresting reporters and American citizens in complete violation of our principles and laws. The Justice Department should take time off from prosecuting Trump’s critics and prosecute these ICE crimes (including murder). Trump seems to be reducing illegal immigration by making America as unattractive as possible, hardly making America great again.

The list of ICE misbehavior is long and growing: “Minnesota immigration detained US citizen”

But the attack on our values runs deeper than just violating our laws as explained in an article by Radley Balko:

“The lies this administration is telling about Ms. Good aren’t those you deploy as part of a cover-up. They’re those you use when you want to show you can get away with anything. They’re a projection of power….

“It’s one thing to tank or slow-walk an investigation. It’s quite another to publicly declare that no investigation will happen on any level and then announce that you’ll be investigating the victim’s partner and supporters instead. Both paths are unethical and corrupt. Undermining an investigation at least pays lip service to the idea of accountability and public trust. The administration’s actions in Ms. Good’s case are a declaration that there will be no accountability and that it would prefer to instill fear rather than trust.”

Sanctuary cities and states should cooperate with Immigration officials by handing over illegal immigrants who have been convicted of crimes and Congress should get serious about passing sensible legislation. “Immigrants from hell”  “We need comprehensive immigration reform now” In the mean time ICE should take off their masks and get off the street.

ICE

When I complained about the masked ICE bandits, I noted that they cover their faces and grab innocent people, including American citizens, off the street. A few people pushed back on my comment

“Why do you think ICE are bandits. They are there to protect Americans. All those who came here illegally must be sent back home.”

The dialog that followed on Facebook prompts me to provide a fuller treatment here.

Those who commit what for a legal resident would be a crime, should be deported, but this applies to a minority of those apprehended by ICE. And we must distinguish between those seeking refugee status from others here illegally. Refugee applicants claim that they would not be safe remaining in their home country (some of my Afghan friends come to mind). Thus, we cannot properly return them to their home country.

Those non refugees here illegally, about half are illegal because they overstayed their (student, tourist, work) visa and about half entered the US without a proper visa. Less than a third of those deported in recent years have been convicted of a crime (many of them traffic violations). Actual crimes (stealing, battery, etc.) are over whelmingly committed by legal residents.

There are currently almost 15 million illegal residents about 10 million of whom have jobs. A proper immigration regime, one that serves the best interests of the U.S., would better enforce legal status and deport those without legal status or provide a legal path to legal status. This is easier said than done. https://wcoats.blog/2025/08/29/immigration/

In 2013, a bipartisan group of eight senators (the “Gang of Eight”) drafted S.744, a comprehensive immigration reform bill that included a multi‑step path to legal status and eventual citizenship for most undocumented immigrants, alongside major expansions of border security and enforcement.​

The bill passed the Senate with a strong bipartisan vote of 68–32, including support from 14 Republicans, reflecting unusually broad elite consensus for an earned legalization and citizenship framework. Then‑Speaker John Boehner refused to bring the bill to the House floor because it lacked support from a majority of House Republicans, even though it likely had the votes to pass with a coalition of Democrats and some Republicans. Thus it sadly died.

Simply deporting these “illegal” (undocumented) workers would cripple the economy which is already fully employed. But I want to focus on the approach taken by ICE that I have been complaining about as contrary to America’s tradition of the rule of law. While I could cite a number of examples of ICE grabbing legal US citizens off the street for deportation, I want to focus on the most famous of them Kilmar Abrego Garcia, a resident of Maryland. He entered the U.S. illegally 14 or so years ago and is married to a U.S. citizen and is the father of three children born here. He has not been convicted of any crimes in the U.S. but U.S. officials have repeatedly accused him of being a member of the MS-13 gang. These claims were largely based on a 2019 police report citing a confidential informant and Garcia’s choice of clothing (specifically a Chicago Bulls hat). He has never been charged with a gang-related crime.

In 2019 he was granted “withholding of removal”, a form of protection that explicitly prohibited the U.S. government from deporting him to El Salvador because of the risk of persecution and violence he would face there.​ Despite this protected status, Immigration and Customs Enforcement (ICE) detained him in March 2025 on alleged gang‑related grounds that a federal judge later described as ambiguous and unsupported.

On March 15, 2025, he was placed on one of three planes of alleged gang members sent under a Trump administration operation to El Salvador, where he was delivered to the CECOT mega‑prison, a facility widely described as one of the most dangerous in the Western Hemisphere.​ The U.S. Supreme Court eventually intervened, and he was returned to the U.S. in June 2025 to face the current pending charges. Bari Weiss has been sharply criticized for cancelling a CBS 60 minutes report on the conditions in that prison. “cbs news Bari Weiss intervention”

The administration has acknowledged to courts and the press that his deportation occurred despite the prior legal bar and has variously characterized it as an “administrative error.”  After being returned to the U.S., Abrego Garcia was indicted in Tennessee on two federal counts: conspiracy to transport illegal aliens and unlawful transportation of undocumented aliens. The government alleges he played a role in a smuggling ring, a claim he vehemently denies.

On December 11, 2025, a federal judge ordered his release from ICE custody, ruling that his detention was unlawful, and he returned to his home in Maryland. A judge extended an order in December 2025 preventing his return to immigration detention while awaiting further details on his case from the government. His trial is set to begin in January 2026, though he is attempting to have the charges dropped.

More than government’s abuse of Abrego Garcia’s rights, we read ugly and often mistaken “arrests” of residents from the streets and from their jobs. Earlier this month, multiple reports described immigrants being turned away or “plucked out of line” at U.S. citizenship oath ceremonies, especially in Boston’s Faneuil Hall and other locations, after new Trump administration directives targeting applicants from 19 so‑called “high‑risk” countries.

These individuals had already completed interviews and been approved, but USCIS officials stopped them at the final step, cancelling or pausing their naturalization, which advocates have described as “unspeakable cruelty.”

There are approximately 2.3 million to 2.4 million individuals with pending asylum cases in the U.S. immigration court system. These individuals are technically part of the unauthorized population but have “procedural protection” from deportation while they wait for a judge to rule on their status.  Because of a massive backlog, the average wait time for an asylum case to be resolved in court is currently about 4.3 years.

So I stand by my characterization of the masked ICE agents as bandits. Our immigration policy and its enforcement have real problems but they need a more thoughtful and serious approach.

But I want to leave you with a last very disturbing comments. One of my Facebook readers ask: “what are your thoughts on ICE government agents required to follow rules and regulations supporting people who do not follow the rules and regulations. I’ve always thought it Odd that law-enforcement has to enforce the law following the rules, detaining those who do not follow rules. Seems a little hypocritical.” Believe it or not he is actually saying that since the police (ICE) are apprehending people who are thought by them to be breaking the law, why can’t the police break it as well. No comment. https://wcoats.blog/2025/06/12/police-state/

Police state

Congress has struggled for decades to adopt a workable immigration and border security policy. Several reasonable proposals have been advanced over the past several decades but never crossed the finish line. We need more immigrants but of the legal sort. But getting the balance right is not easy.

The path for legal immigration should be widened while border enforcement and workplace employment of illegal residents should be made more difficult. More judges are needed to process refugee applicants much more quickly. How tighter rules are implemented matter. The Trump administration’s current approach is wrong and contrary to American norms. It’s as if he is leading the country step by step to a coup. https://www.washingtonpost.com/opinions/2025/06/11/immigration-arrests-ice-raid-masks/

More than 13,000 immigrants convicted of homicide are living outside immigration detention in the U.S., ICE says

The above headline of an NBC News article on September 28 is technically correct but grossly misleading. “13000 immigrants convicted of homicide living freely in US”  For example, “many of the 13,000 migrants may have entered the U.S. decades ago, and also that some may be in jail or prison.”  Say what?

Alex Nowrasteh, a careful Cato Institute scholar, unpacks this headline and explains that “There are not 13,099 Illegal Immigrant Murderers Roaming Free on American Streets.” “There are not 13099 illegal immigrant Murderers…”

For example: “the migrant murderers included in the [ICE] letter are overwhelmingly in prison serving their sentences.” What is going on with the word play? Read Alex’s careful unpacking of these figures.