Shifting Sands of Enforcement: A Look at Obama and Trump's Deportation Approaches

The immigration enforcement policies of the Obama and Trump administrations, while both resulting in significant numbers of deportations, differ considerably in their stated priorities, target demographics, and operational tactics. Understanding these distinctions is crucial for comprehending the evolving landscape of U.S. immigration enforcement.

Here are 10 key differences between the immigrants deported under Barack Obama and those detained and deported by Donald Trump:

1. Overall Deportation Numbers:

• Obama: Often dubbed "Deporter-in-Chief" by critics, Barack Obama's administration formally removed approximately 3 million noncitizens over two terms, a figure higher than any previous president at the time. When combining formal removals and "returns" (individuals turned away at the border without formal proceedings), the total was around 5.3 million.

  
  

• Trump: During his first term, Donald Trump's administration formally removed about 1.2 million individuals. While Trump's rhetoric was often harsher, his first-term deportation numbers were lower than Obama's formal removals.

  
  

2. Enforcement Priorities:

• Obama: The Obama administration, particularly in its later years, shifted its focus to prioritizing the deportation of immigrants who posed national security threats, public safety risks (e.g., convicted felons), and recent border crossers. This was outlined in various "Morton memos" and executive orders.

  
  

• Trump: Trump's administration broadened the scope of enforcement significantly, effectively declaring all undocumented immigrants as priorities for removal. His executive orders rescinded Obama's tiered priorities, theoretically treating minor offenses with the same urgency as serious crimes, and even targeting those "charged with any criminal offense" or who "committed acts that constitute a chargeable criminal offense" without a conviction.

  
  

3. Focus on Criminality:

• Obama: There was a clear emphasis on removing individuals with serious criminal convictions. By 2016, 94% of Obama's deportees fell into the highest priority categories, which included terrorists, gang members, and convicted felons.

  
  

• Trump: While Trump's administration stated a focus on "bad hombres" and criminals, data shows a broader net. A higher percentage of those detained by ICE under Trump did not have criminal convictions, and a significant portion of "criminal" deportations were for minor offenses like traffic violations or immigration-related infractions, rather than violent crimes.

  
  

4. Use of Prosecutorial Discretion:

• Obama: The Obama administration provided guidance on prosecutorial discretion, allowing ICE agents to consider factors like family ties, length of time in the U.S., and military service when deciding whether to pursue deportation. This aimed to avoid separating families and to focus resources on higher-priority cases.

  
  

• Trump: The Trump administration largely abandoned the concept of prosecutorial discretion, with directives stating it should not be exercised to exempt or exclude "a specified class or category of aliens." This effectively meant a more uniform and less nuanced approach to enforcement.

  
  

5. Interior vs. Border Enforcement:

• Obama: While the Obama administration engaged in both, there was a significant focus on interior enforcement, particularly through programs like "Secure Communities" which facilitated information sharing between local law enforcement and ICE.

  
  

• Trump: Trump significantly escalated rhetoric and actions at the border, leading to increased apprehensions and a heightened focus on immediate removal for those attempting to enter. However, interior enforcement also saw an expansion with increased arrests.

  
  

6. Family Separations:

• Obama: While families were detained, there was not a widespread, intentional policy of separating families at the border as a deterrent.

  
  

• Trump: The Trump administration implemented a "zero tolerance" policy at the border, which led to the systematic separation of thousands of children from their parents, a practice that drew widespread condemnation and was later halted due to legal challenges and public outcry.

  
  

7. Asylum Policies:

• Obama: The Obama administration maintained the legal right to seek asylum, though it also implemented measures to deter unauthorized crossings.

  
  

• Trump: Trump's administration pursued aggressive policies to restrict asylum, including the "Remain in Mexico" (Migrant Protection Protocols) program, which forced asylum seekers to wait in Mexico while their cases were processed, and other measures aimed at limiting access to asylum at the border.

  
  

8. Detainer Usage:

• Obama: Under Secure Communities, ICE issued detainer requests to local law enforcement, asking them to hold individuals suspected of being deportable immigrants beyond their release date. While controversial, there were efforts to refine and limit their use to those with serious criminal backgrounds.

  
  

• Trump: The Trump administration fully reinstated and expanded the use of detainers, applying them more broadly and encouraging local law enforcement cooperation, often leading to detention of individuals for minor offenses or no criminal charges at all.

  
  

9. Target Demographics and Locations of Arrests:

• Obama: While diverse, the focus on criminal convictions meant a higher proportion of those deported had prior criminal records. Enforcement also targeted workplaces.

  
  

• Trump: The broader enforcement priorities under Trump led to increased arrests and deportations of individuals without serious criminal records. ICE operations were expanded to include more arrests in workplaces, airports, and even places previously considered "sensitive locations" like courthouses.

  
  

10. Public and Political Rhetoric:

• Obama: Obama's administration often framed its enforcement as a necessary measure to maintain order while also advocating for comprehensive immigration reform, though he faced criticism from both sides of the immigration debate.

  
  

• Trump: Trump's rhetoric was characterized by strong anti-immigrant sentiment, often demonizing immigrants and framing their presence as an "invasion." This rhetoric often aligned with a more aggressive and less nuanced enforcement approach.

  
  

In conclusion, while both administrations engaged in extensive immigration enforcement, their philosophical approaches and practical implementations differed significantly. Obama's strategy, particularly in its later years, aimed for more targeted enforcement focused on serious threats, while Trump's approach adopted a much wider and more indiscriminate net, impacting a broader range of undocumented immigrants and often leading to highly controversial policies.