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They don’t have criminal convictions because they are released by sanctuary cities and states
Immigration court is executive not judicial branch
No criminal convictions” doesn’t mean “sanctuary cities released criminals.” ICE’s published detention stats (as analyzed by Kocher #1407299) suggest most recent detention growth is people without criminal convictions. You can argue they should be deported, but it’s misleading to frame this as “violent criminals first.”
And yes: immigration courts sit inside DOJ (executive branch), which is why safeguards matter more, not less. DOJ has argued that because immigration judges are Article II “inferior officers,” Title VII/EEO doesn’t provide a remedy for their removal #1297530, which means fairness depends on who’s in charge, not structural guarantees. That’s why drift from criminal enforcement to category enforcement is ominous.
SourcesSources
https://www.archives.gov/milestone-documents/executive-order-9066
https://www.uscis.gov/about-us/our-history/stories-from-the-archives/ins-records-for-1930s-mexican-repatriations
https://www.reuters.com/world/us/us-cities-brace-more-protests-parts-los-angeles-placed-under-curfew-2025-06-11/
https://www.whitehouse.gov/presidential-actions/2025/08/declaring-a-crime-emergency-in-the-district-of-columbia/
https://austinkocher.substack.com/p/92-of-ice-detention-growth-in-fy