Cameron Miranda
Former US presidents Barack Obama and Donald Trump have notably different approaches to immigration law. Obama's policy focused on threats to national security, public safety, and recent illegal entrants. In contrast, Trump's policy targets a broader set of unauthorized persons, including all undocumented migrants, and empowers individual enforcement officers to apprehend and detain any immigrant believed to be in violation of immigration law. Trump's policy also removes protections for specific groups, such as children and families, and does not distinguish between violent criminals and law-abiding residents. While Obama deported a record number of people, his administration framed this as a means to an end, emphasizing the need for immigration reform and protections for immigrants. Trump, on the other hand, celebrates deportations and has been criticized for his administration's treatment of immigrants, including the use of confinement centers and family separation.
| Characteristics | Values |
|---|---|
| Number of deportations | Obama deported over 3 million people, more than Trump's 1.2 million during his first term. |
| Public stance on deportations | Obama was a reluctant enforcer who did not celebrate deportations. Trump celebrates deportations and wears them as a badge of honour. |
| Treatment of immigrants | Obama claimed to deport as a means to reform and considered most illegal immigrants to be peaceful and hardworking. Trump demonizes immigrants, calling them criminals and murderers. |
| Enforcement priorities | Obama's policies focused on threats to national security, public safety, and recent illegal entrants. Trump's policies target all undocumented migrants. |
| Use of detention | Obama used detention as a means to an end. Trump uses detention as an end in itself, detaining families for weeks or months. |
| Family separation | Obama's administration did separate some families, but not in the thousands. Trump made this a default policy. |
| Treatment of children | Obama did not allow ICE operations in schools. Trump's administration does not make this exception. |
| Treatment of veterans | Obama did not allow ICE operations targeting veterans. Trump's administration does not make this exception. |
| Treatment of crime victims | Obama did not allow ICE operations targeting crime victims. Trump's administration does not make this exception. |
| Focus on criminal offences | Obama's policies focused on convictions. Trump's policies focus on charges and acts that could constitute a chargeable offence, including minor misdemeanours. |
| Discretion of ICE agents | Obama's policies required supervisory review by a Field Office Director. Trump's policies give broad discretionary authority to individual ICE agents. |
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What You'll Learn
Obama's record on deportations
Barack Obama's record on deportations has been described as "notorious". Obama removed over 3 million people from the United States during his presidency, not counting returns at the border and voluntary departures. This is more than any other president, and more than his predecessors, Presidents Clinton and Bush, combined. This record led to Obama being labelled the "Deporter in Chief" by critics in the immigrant-rights community.
However, it is important to note that Obama's administration showed less focus on increasing the overall number of deportations and more on targeting the removals of recently arrived unauthorised immigrants and criminals. Obama directed US Immigration and Customs Enforcement (ICE) to focus on criminals, not families, during his November 2014 executive action on immigration. Obama's policy created a list of detailed enforcement priorities with a strict hierarchy. Unauthorized immigrants who did not fall within the narrow priorities were essentially protected from any enforcement.
Obama's deportation record has been used as a precedent to justify the current "mass deportations" agenda under Trump. However, it is worth noting that Trump's administration celebrates deportations and praises sending people to confinement centres abroad, while Obama claimed to be doing it as a means to reform. Additionally, Trump's policies are geared towards focusing on "criminal" aliens, but they also reference broad sections of immigration law and categories of non-citizens that essentially make all unauthorized immigrants priorities for removal.
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Trump's expansion of enforcement
Trump's expansion of immigration enforcement has been a key point of differentiation from Obama's policies. Trump has taken a hard line on immigration, emphasising the enforcement of immigration laws and the removal of those who violate them. This has resulted in a broader set of individuals being targeted for removal, including those without a criminal record who may have been lower on the priority list under Obama.
Trump's administration rescinded all previous policies related to removal priorities, empowering enforcement officers with broad discretionary authority to apprehend, detain, and initiate removal proceedings against any immigrant believed to be in violation of immigration law. This includes any unauthorised immigrants, who are now considered "priorities" for removal at any time. Trump's policies also remove the use of prosecutorial discretion, which was employed by the Obama administration to assess the length of time an individual had been in the US, their social ties, and their risk to public safety.
Trump's approach to immigration enforcement stands in contrast to Obama's policies, which aimed to protect unauthorised immigrants outside of narrow enforcement priorities. Obama's administration also failed to enact substantial immigration reforms, which has been cited as a contributing factor to the current "mass deportations" agenda under Trump. While Obama did deport over 3 million people, more than his predecessors and Trump's first term, his approach was not celebrated or praised as a means to an end, as it has been characterised during Trump's presidency.
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Obama's interpretation of the law
Obama's interpretation of immigration law focused on prioritizing the removal of unauthorized immigrants who posed a risk to public safety and recent entrants, rather than those with longstanding ties to the U.S. or who posed no danger to the public. Obama's administration created a list of detailed enforcement priorities with a strict hierarchy, essentially protecting unauthorized immigrants who did not fall within these narrow priorities from any enforcement.
Obama's interpretation of prosecutorial discretion allowed for reprieves for removable persons and provided for special consideration for lawful permanent residents (LPRs), juveniles, and immediate family members of U.S. citizens. Obama's policies also deprioritized minor misdemeanors, such as traffic offenses, and crimes related to immigration status, such as illegal entry or reentry.
Obama's approach to immigration enforcement was criticized for its high number of deportations, with over 3 million people removed from the country during his tenure, not including returns at the border and voluntary departures. However, Obama claimed that these actions were done as a means to reform, and he emphasized the need to treat immigrants with "dignity and respect."
Obama's failure to enact substantial immigration reforms that respected the rights of immigrants and Americans enabled the current "mass deportations" agenda under Trump. Obama's interpretation of the law, written in the '90s, was liberal, in contrast to Trump's more extreme interpretation.
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Trump's use of prosecutorial discretion
Trump's immigration policies have been criticised for their harsh treatment of immigrants and the high number of deportations. Trump's removal policy focuses on "criminal aliens", but it also references broad sections of immigration law, which essentially makes all unauthorised immigrants priorities for removal at any time. This is a notable difference from Obama's policies, which protected unauthorised immigrants outside of narrow priorities.
In the context of Trump's policies, prosecutorial discretion is framed as a disclaimer that the listed priorities do not constrain ICE agents' ability to apprehend, detain, or remove any unauthorised immigrant. This means that even if someone falls into a priority category, they are not guaranteed protection from deportation. Trump's policies empower individual enforcement officers with broad discretionary authority to apprehend and detain any immigrant believed to be in violation of immigration law. This discretionary authority extends to starting removal proceedings for any immigrant who is subject to removal under the Immigration and Nationality Act (INA).
Trump's approach to prosecutorial discretion represents a significant shift from Obama's policies, which focused on when removable persons could receive a reprieve. While Obama's policies were also criticised for their high number of deportations, they attempted to deprioritise minor misdemeanours and focus on convictions.
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Obama's enforcement priorities
Obama's immigration enforcement and deportation priorities were focused on risks to public safety and recent entrants, as opposed to people posing no danger to the public and/or those with longstanding ties. Obama's policies also took into account the length of time spent in the U.S. and social ties. His administration created a list of detailed enforcement priorities with a strict hierarchy. Unauthorized immigrants who did not fall within these narrow priorities were essentially protected from any enforcement.
Obama's interpretation of the law was to interpret it as liberally as possible. His administration also provided for DHS officials to give special consideration to lawful permanent residents (LPRs), juveniles, and immediate family members of U.S. citizens. Obama's use of prosecutorial discretion focused on when removable persons could get a reprieve.
Obama's approach to immigration enforcement was to treat immigrants with "dignity and respect". He did not celebrate separating families and deportations. However, Obama did deport over 3 million people from the country, more than his predecessors, Clinton and Bush, combined. He was also notorious for his detention tactics and conditions.
Obama's failure to enact substantial immigration reforms that would have been more respectful of the rights of immigrants and Americans is seen as part of what enabled the current "mass deportations" agenda under Trump.
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Frequently asked questions
Obama's immigration laws focused on threats to national security, public safety, and recent illegal entrants. Obama's policy on removals was set in 2014 and created a list of detailed enforcement priorities with a strict hierarchy. Trump's immigration laws, on the other hand, prioritize all undocumented migrants for apprehension and removal, regardless of their criminal history or length of residence in the US.
Yes, Obama deported over 3 million people, more than Trump's 1.2 million during his first term.
Obama's administration focused on enforcing border security and immigration law, with the goal of achieving protections and legal status for millions of immigrants. Obama also did not allow ICE operations in sensitive locations such as schools, hospitals, or places of worship. Trump's administration, on the other hand, celebrates deportations and promotes hostility towards illegal immigrants, referring to them as “criminals” and “murderers".
