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Study: Miami immigration court among the most lenient in nation

In our last post, we spent time debunking some of the more pervasive myths surrounding deportation. Indeed, we discussed how the number of deportations here in the U.S. has actually been steadily declining since 2012 and that this trend was likely to continue through 2016.

In the event you still question this idea, consider a recently released report from the Transactional Records Access Clearinghouse at Syracuse University, which found after examining court records from across the nation that immigration judges permitted 96,223 foreign nationals whom the Department of Homeland Security was otherwise seeking to deport to remain in the U.S. during the first 10 months of fiscal year 2016.

Indeed, the TRAC report indicated that fiscal year 2016 is on track to beat last year's record of 106,676 non-citizens allowed to remain in the country by immigration judges.

Breaking the numbers down further, the TRAC report found that 25 percent of the people allowed to remain in the U.S. in 2016 were from Mexico, and that 44 percent were from Guatemala, Honduras and El Salvador.

As to why non-citizens would be permitted to remain in the country by immigration judges, the researchers identified a host of reasons, including the federal government failing to meet its burden of proof, prosecutorial discretion (i.e., prosecutors decide not to pursue a case for compelling reasons), eligibility for asylum or the applicability of another provision of law granting relief from deportation.

It's worth noting that in addition to these findings, the TRAC report also determined which immigration courts in the country were the most likely to permit non-citizens to remain in the U.S. Encouragingly, the Miami immigration court came in at number five on the list, trailing only San Antonio (4), Denver (3), New York (2) and Phoenix (1).

As always, please consider speaking with a skilled legal professional as soon as possible if you or a family member has been targeted for deportation by the federal government.

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