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Immigration

ICE marks 17-year-old informant for deportation and death

April 3, 2018 by Alexandra Natapoff

ProPublica and New York Magazine published this story about Henry, a teenager in Brentwood, Long Island, who agreed to inform on his MS-13 gang to the FBI.  The federal government then decided to deport him back to El Salvador, leaving him unprotected against the gang:  A Betrayal:  The teenager told police all about his gang, MS-13. In return, he was slated for deportation and marked for death.  From the story:

“Under normal circumstances, Henry’s choice would have been his salvation. By working with the police, he could have escaped the gang and started fresh. But not in the dawning of the Trump era, when every immigrant has become a target and local police in towns like Brentwood have become willing agents in a nationwide campaign of detention and deportation.”

For other instances where the government has failed to protect immigrant informants, see these posts.

More broadly, the government often pressures or incentivizes immigrants to give information which is then used to deport them.  This law review article surveys the law, and argues that such policies are counterproductive: Amanda Frost, Can the Government Deport Immigrants Using Information it Encouraged Them to Provide?  Administrative Law Review, Vol. 2, No. 97, 2017. Here is the abstract:

“This Essay describes the legal and policy issues raised by any systematic effort to deport unauthorized immigrants based on information the government invited them to provide. Part I briefly surveys some of the major laws, regulations, and programs that encourage unauthorized immigrants to identify themselves. Part II analyzes the strengths and weaknesses of the statutory and constitutional arguments that immigrants could raise as a defense against deportations based on self-reported data. Part III explains that even if the government’s systematic use of such data to deport unauthorized immigrants is legal, doing so would be a poor policy choice for any administration, even one that seeks to drastically increase deportations. The federal government has always balanced immigration enforcement against other goals and values, such as deterring crime, protecting wages and working conditions, collecting taxes, and preventing U.S. citizen children from being separated from their parents. Deporting immigrants based on information provided in the service of these greater goals would elevate immigration enforcement over all other federal policies. Furthermore, doing so would almost immediately render these laws a dead letter, since no rational unauthorized immigrant would apply for visas or pay taxes if doing so were tantamount to self-deportation. Accordingly, any increase in removals from the use of such data is sure to be fleeting, while the damage done to immigrants’—and perhaps all citizens’—trust in the government will be permanent.”

Filed Under: Families & Youth, Immigration, International, Threats to Informants

The FBI’s “immigration relief dangle”

February 4, 2017 by Alexandra Natapoff

The FBI has long used immigration as both a carrot and stick to induce people to become informants.  See this story from BuzzFeed last year: Welcome to America, Now Spy on Your Friends.  Now the Intercept has published this article: When Informants Are No Longer Useful, the FBI Can Help Deport Them. It includes new information from  the FBI’s “Confidential Human Source Police Guide”–its manual for handling informants–which uses the phrase “immigration relief dangle” to describe the dynamic.  FBI agents coordinate with immigration officials to identify and pressure potential informants, and then help ICE locate them for deportation when they are no longer useful.  From the article:

“It’s been clear for a decade that the FBI works with ICE to keep informants in the country. What we didn’t know was that the assistance is often contingent and temporary, and that the FBI actively assists ICE in locating informants who are no longer useful so that they may be deported.”

“’This creates a perverse incentive structure, because informants are incentivized to keep themselves valuable,’ said [immigration expert and Stanford lecturer Diala] Shamas. ‘It will further incentivize them to create investigations when there wouldn’t be one otherwise. In the traditional criminal context, the law enforcement community is conscious of the risk that coercing informants increases the likelihood of getting bad intelligence. But in the counterterrorism and intelligence context, this caution has been thrown out the window.'”

The article is by Trevor Aaronson, author of the Terror Factory: Inside the FBI’s Manufactured War on Terrorism.

Filed Under: Immigration, Incentives & Payments, International, Terrorism

FBI pressures Muslim immigrants to become informants

January 29, 2016 by Alexandra Natapoff

This Buzzfeed article– Welcome to America–Now Spy on Your Friends — describes how the FBI routinely interferes with the immigration process in order to exert pressure on immigrants from Muslim countries to provide information.  As the article puts it, “[w]hen Muslim immigrants apply to become citizens, they often find the process delayed for years without explanation. Then, when they are at wit’s end, they get a visit from the FBI, with an offer they don’t dare refuse.”

See also this 2013 ACLU report, Muslims Need Not Apply.

Filed Under: Families & Youth, Immigration, International, Terrorism

HuffPost on DEA snitching debacles

November 10, 2014 by Alexandra Natapoff

In a two-part series about “the sketchiest things the DEA has done while waging the war on drugs,” informant debacles take the lead in this Huffington Post article.  Here are a few of the headlines:

-The DEA once turned a teenager into a drug kingpin so he could act as an informant.

-The DEA allows informants to break the law, but have no records as to how often it happens.

-One of America’s most notorious terrorists once served as a DEA informant.

-The DEA strung one informant along for 20 years with the promise of citizenship. She still hasn’t received it.

Filed Under: Drug-related, Families & Youth, Immigration, Informant Crime

S-visas: snitching to avoid deportation

September 12, 2013 by Alexandra Natapoff

The federal government has 250 S-visas (sometimes called “snitch” visas) at its disposal to award to immigrants who provide information about crimes. See 18 U.S.C. s. 1101(a)(15). There has been increasing attention paid to abuses of immigrants under this program: visas promised but never awarded, immigrants who provide significant information but are deported anyway, sometimes at risk to their lives. For more information see the following sources: Andrew Becker, Retired Drug Informant Says he Was Burned, NPR (Feb. 13, 2010); Helen O’Neill, Informants for Feds Face Deportation, Associated Press (2/13/2010) ; Prerna Lal, Reforming a Visa to Snitch, Social Science Research Network (SSRN), (May 1, 2013).

Filed Under: Immigration, Incentives & Payments, International

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