US: Drug-related deportations surge despite state reforms

• Thousands of people are deported each year for drug offenses that, in many cases, no longer exist under state law, harming and separating immigrant families.
• Punitive federal immigration laws have torn apart families, destabilized communities, and intimidated noncitizens, all while deaths from drug overdoses have increased and drugs have become more potent and more readily available.
• Congress should reform immigration laws to give immigration judges the discretion to make individualized decisions, and states should ensure that drug reform also applies to noncitizens.

(Washington, D.C., July 15, 2024) — USA Hundreds of thousands of immigrants are deported each year for drug offenses that in many cases no longer exist under state law, harming and breaking up immigrant families, Human Rights Watch and the Drug Policy Alliance said today.

The 91-page reportDisruption and defamation” shows that the failure to reform overly harsh federal immigration laws has led to the deportation of large numbers of immigrants, causing family breakdown, community disruption, and instability for the native American population. For example, federal immigration law considers certain types of marijuana use as deportable offenses, which conflicts with many state recreational marijuana laws, which punish immigrants and non-citizens for activities that are legal for citizens at the state level. The organizations found that between 2002 and 2020, 500,000 people were deported for drug use, and their crimes were the most serious.

“America’s unique war on drugs and deportation machine combine to target, exclude and punish illegal immigrants for minor crimes — or, in some states, legal offenses — like marijuana possession,” said Maritza Perez Medina, director of federal affairs. Drug Policy Alliance (DPA)“This report highlights that punitive federal drug laws tear apart families, destabilize communities, and intimidate noncitizens, all while overdose deaths increase and drugs become more powerful and readily available. The U.S. government must change federal law to match ongoing state drug policy reforms to end and prevent the tremendous human suffering inflicted in the name of the war on drugs.”

Human Rights Watch and the Drug Policy Alliance interviewed 42 people affected by deportation, including immigrants, families, and lawyers. The two organizations also analyzed new federal government data from 2002 to 2020 and found that 500,000 people were deported for drug-related crimes. Report The data shows that 260,000 people were deported for drug-related crimes between 2002 and 2012. This report updates that data, showing that an additional 240,000 people were deported between 2013 and 2020, equivalent to one in five immigrants convicted of a crime during that period.

Despite the massive deportations the U.S. conducted during this period, the number of drug overdoses increased dramatically, highlighting the ineffectiveness of such policies and the stigmatization of immigrants with drugs.

Convictions for even the most minor drug crimes, such as possession of small amounts of controlled substances, including marijuana, can have devastating consequences that far outweigh the sentences imposed. The organizations found that between 2002 and 2020, the federal government deported at least 156,000 people whose most serious offense was drug use or possession, including more than 47,000 for drug use or possession of marijuana, even though marijuana has been legalized or decriminalized in most states. Often, the crimes that lead to deportation occurred decades ago or are minor offenses that carry little to no jail time. Some crimes would not constitute a criminal offense if committed today.

“Why should a parent or grandparent be deported from the children in their care for a drug offense from decades ago, including crimes that are legal today?” Vicky Gobecca“If the drug offenses are not a crime under state law, then someone should not be deported.”

The report focuses on deportations in states with large immigrant populations and more advanced drug policy reforms, including California, Illinois, New York and Texas, including the following cases:

• refugees and U.S. veterans separated from their homes and families by deportation for drug crimes;
• immigrants who have lived in the United States since childhood but have been deported for drug crimes, sometimes for marijuana offenses that are now legal in states;
• While incarcerated for drug offenses, immigrant women are sexually abused by prison guards, in part because their abusers know they will soon be deported;
• Migrants, including one man, who had been deported to countries with poor human rights records for drug crimes were sent back to Haiti.

Many of the respondents face automatic deportation because immigration law defines their crimes as “aggravated felonies involving drug trafficking,” barring them from nearly all forms of immigration relief; they include several who were convicted of misdemeanors. In such cases, judges are prohibited from considering personal factors such as evidence of U.S. family ties, rehabilitation, military service and other factors, and must instead order the immigrants deported. Some of the respondents are lawful permanent residents who cannot become citizens because of their involvement in drug conduct, including conduct that is legal in their states, such as working in the marijuana industry.

“I can’t live and move around fearlessly because I’m not a citizen,” said a California legal permanent resident convicted of possession of marijuana and drug paraphernalia. “I’ve lived here for over 20 years. This is my home. I have children here. I want to be a citizen, and I’m doing everything I can. But it doesn’t seem possible.”

Racial disparities in the imposition of immigration penalties are stark. Overall, the majority of people deported from the United States for crimes are Black and brown. Even within the noncitizen category, Black immigrants are disproportionately affected. More than one in five noncitizens facing deportation for criminal reasons in U.S. immigration courts are Black. Black immigrants are more likely to be detained longer and less likely to be released.

As the drug overdose crisis and immigration reform increasingly become central focuses of political debates and movements, the Drug Policy Alliance and Human Rights Watch emphasize the need for elected officials to show leadership, pay attention to research, and embrace evidence-based policies grounded in public health, safety, and human rights.

“Deportations tear families apart, and there is clear evidence that while the United States deports 2,400 people per month for drug offenses, deaths from drug overdoses are on the rise,” Perez Medina said. “Our lawmakers must ensure that drug policy reforms prioritize public health policies to address the overdose crisis and drug addiction. Excluding and vilifying our immigrant neighbors is inhumane and does not address the issues that our communities care about.”

Congress should reform immigration laws to ensure that immigrants with criminal histories, including drug offenses, are not subject to blanket deportation. Instead, immigration judges should have the discretion to make individualized decisions. As an important first step, Congress should establish a statute of limitations for deportation so that people can move on from past convictions.

At the same time, states should ensure that reforms that reduce criminal penalties for drug crimes and provide treatment and health services for drug users also benefit noncitizens.

“The current and previous administrations have recognized the disproportionate impacts that harsh drug policies have on Black and brown communities,” Gaubeka said. “But through their immigration policies, Congress and the administration are perpetuating these harms and devastating many of these same communities.”