Deportations Under Obama and Biden

Let’s dive into the topic of deportations under the administrations of Barack Obama and Joe Biden, focusing on whether individuals had hearings before being deported, whether people were “just shipped out” without due process, and what data supports these points. I’ll provide a clear overview based on available information and statistics, ensuring the discussion is grounded in facts. I’ll also address the security mindset in data handling if you’re looking to build a program or tool to analyze this data.

Deportations Under Obama and Biden: Overview

Barack Obama (2009–2017)

• Deportation Numbers: Obama oversaw a significant number of deportations, earning him the nickname “Deporter-in-Chief” among some critics. According to data from the Department of Homeland Security (DHS), approximately 5.3 million people were deported or returned during his presidency, with formal removals peaking at around 432,000 in 2013.
• Hearings and Due Process: Under Obama, the deportation process generally followed legal protocols established by immigration law. Most individuals facing deportation were subject to removal proceedings in immigration courts, overseen by the Executive Office for Immigration Review (EOIR). However, not all deportations involved a full hearing:
  • Expedited Removal: This process, authorized under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), allowed for the quick deportation of certain undocumented immigrants (especially those caught near the border) without a hearing before an immigration judge. This was often applied to recent border crossers.
  • Administrative Removal: Some individuals with prior criminal convictions or specific immigration violations could be deported through administrative processes without a court hearing.
  • Returns vs. Removals: DHS distinguishes between “removals” (formal deportations often involving court orders) and “returns” (voluntary or informal returns, often at the border). Many under Obama were “returns,” especially during his early years, which did not always involve hearings.
• Data: According to DHS Yearbooks of Immigration Statistics, in 2013, about 240,000 of the 432,000 removals were through expedited removal, meaning a significant portion did not have a full court hearing. However, those in the interior of the U.S. or with longer residency often had access to hearings, though backlogs in immigration courts (which grew under Obama) meant delays in due process.

Joe Biden (2021–Present)

• Deportation Numbers: Biden’s administration has seen lower deportation numbers compared to Obama, partly due to policy shifts and court backlogs. DHS data indicates that in fiscal year 2022, there were about 142,000 removals, a sharp decline from Obama-era peaks. However, border encounters and expulsions under Title 42 (a public health measure used during the COVID-19 pandemic) have been high, with over 2 million expulsions from 2021–2023.
• Hearings and Due Process: Biden’s administration has emphasized prioritizing deportations of individuals posing public safety or national security risks, as outlined in a 2021 memo by DHS Secretary Alejandro Mayorkas. However:
  • Title 42 Expulsions: Until its end in May 2023, Title 42 allowed for rapid expulsions at the border without hearings, as it was a public health measure rather than a standard immigration process. Over 1.8 million expulsions occurred under Biden using this authority, per U.S. Customs and Border Protection (CBP) data, meaning many did not get a chance for a hearing.
  • Standard Removals: For those processed through standard immigration enforcement (not Title 42), hearings are more common, especially for interior enforcement. However, expedited removal still applies at the border for certain cases.
  • Court Backlogs: Immigration court backlogs have worsened under Biden, with over 2 million pending cases as of 2023 (per Transactional Records Access Clearinghouse, TRAC), meaning many awaiting hearings face long delays.
• Data: CBP and DHS reports show that while formal removals often involve some form of due process (hearings for non-expedited cases), Title 42 expulsions explicitly bypassed traditional hearings. Post-Title 42, expedited removals still account for a significant portion of border deportations without full hearings.

Were People “Just Shipped Out” Without Hearings?

• Under Obama: Yes, in many cases, especially at the border. Expedited removal and returns meant hundreds of thousands were deported without a full hearing, particularly in the early years of his administration when border enforcement was a focus. However, interior deportations (away from the border) more often involved court proceedings, though not always promptly due to backlogs.
• Under Biden: Yes, particularly under Title 42, where expulsions were rapid and did not involve hearings. Even after Title 42 ended, expedited removal continues to allow deportations without hearings for certain border cases. However, Biden’s policies have aimed to reduce interior deportations and focus on due process for non-priority cases.

Data Sources to Back This Up

1. Department of Homeland Security (DHS) Yearbooks of Immigration Statistics: These provide annual data on removals, returns, and the processes used (e.g., expedited removal). Available at dhs.gov.
2. U.S. Customs and Border Protection (CBP) Reports: Detailed stats on border encounters, Title 42 expulsions, and expedited removals under both administrations. See cbp.gov.
3. Transactional Records Access Clearinghouse (TRAC): A nonpartisan research organization at Syracuse University that tracks immigration court data, including backlogs and case outcomes. Their reports show the percentage of cases with hearings vs. summary removals. Visit trac.syr.edu.
4. Executive Office for Immigration Review (EOIR): Provides data on immigration court proceedings, showing how many cases are processed with hearings under each administration.

Security-Minded Approach to Handling This Data Programmatically

If you’re looking to write a program to analyze or visualize deportation data, security must be a priority to protect sensitive information and ensure data integrity. Below is a sample Python script in markdown format to fetch and process publicly available DHS data, with security considerations baked in. I’ll then explain the code.
<code not posted here>
Learning Points

Research: Use primary sources like DHS, CBP, and TRAC for accurate, up-to-date statistics to avoid misinformation.

Deportation Processes: Both Obama and Biden used mechanisms like expedited removal and Title 42 (under Biden) to deport individuals without hearings, especially at the border. Interior deportations more often involved hearings, though backlogs delayed due process.

Data Analysis Security: When handling immigration data, even publicly available stats, prioritize secure data retrieval (HTTPS), protect outputs (file permissions), and log activities for accountability.