Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Wednesday, March 30, 2016

Examining the modern intersection of the drug war and deportations (with a special focus on marijuana)

This week's presentation in my marijuana reform seminar is focused on immigration law and the "war on drugs."  My student will be presenting, I believe, some original empirical research; as background reading he suggested this 2014 Huffington Post piece headlined "The Drug War = Mass Deportation: 250,000 Deported for Drug Offenses in Last 6 Years."  Here is how this piece gets started (with links from the original):

The drug war has increasingly become a war against migrant communities. It fuels racial profiling, border militarization, violence against immigrants, intrusive government surveillance and, especially, widespread detentions and deportations.

Media and politicians have tried to convince us that everyone who gets deported is a violent criminal, a terrorist or a drug kingpin.  But a newly released, first-of-its-kind report shatters that notion, showing instead that the majority (some two-thirds) of those deported last year were guilty of minor, nonviolent offenses — including thousands deported for nothing more than possessing small quantities of drugs, typically marijuana.

The report, an analysis of federal immigration data conducted by the Transactional Records Access Clearinghouse at Syracuse University, details how roughly 40,000 people have been deported for drug law violations every year since 2008. That means that nearly 250,000 — one-quarter of a million — people were deported for nonviolent drug offenses in just the past six years.  A nonviolent drug offense was the cause of deportation for more than one in ten (11 percent of) people deported in 2013 for any reason — and nearly one in five (19 percent) of those who were deported because of a criminal conviction.

Much as the drug war drives mass incarceration, it also appears to be a major driver of mass deportation.  Indeed, the report reveals that simple marijuana possession was the fourth most common cause of deportation for any crime, and the most common cause of deportation for crimes involving drugs.  On average, more than 6,600 people were deported in each of the last two years just for personal marijuana possession, and overall, nearly 20,000 people were deported last year for simple possession of any drug or drug paraphernalia.

By contrast, relatively few of those deported were drug traffickers, let alone violent ones. “Convictions for drug trafficking accounted for only one percent of deportees recorded as convicted of a crime,” the report’s authors note, “while marijuana possession was more than three times that level.”

http://lawprofessors.typepad.com/marijuana_law/2016/03/examining-the-modern-intersection-of-the-drug-war-and-deportations-with-a-special-focus-on-marijuana.html

Assembled readings on specific topics, Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Who decides | Permalink

Comments

A well written article •
¿ What if a nonviolent drug trafficker distributes uncut opiates to a neighborhood with many teenagers , and one or more teens dies from an unintentional overdose ?

Posted by: Docile Jim Brady „ the Nemo Me ♠ Impune Lacessit ♂ in Oregon ‼ | Mar 30, 2016 12:40:27 PM

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