ANALYZING THE IMPACT OF DETENTION ON DEPORTATION IN THE AMERICAN IMMIGRATION SYSTEM

The immigration detention system in the United States has continued to expand and evolve over the course of various administrations. The existing literature shows a consistent positive correlation between immigrant detention and deportation rates. The Capstone Team theorized that since detention makes it difficult to obtain representation and participate in the legal process, detention status affects legal outcomes. The Capstone Team explored whether an immigrant’s detention status, in conjunction with their immigration bond amount, affects the outcome of an immigrant’s removal case, even when controlling for representation. Using a public individual-level case library provided by the Executive Office of Immigration Review (EOIR), the team used immigration judge leniency as an instrumental variable for detention as measured by the differences in bonds granted by judges. After creating the instrument and conducting regression analysis, the team’s preliminary findings support their hypothesis that detention may make immigrants more likely to be deported.