Detainees Leaving ICE Detention from the
Southwest Key Juvenile -Sanjose
San Jose, California
Table 1: Number leaving ICE detention
|top 70 %
from this facility
During the most recent 12 month period for which data are available, a total of 48 detainees housed
at the Southwest Key Juvenile -Sanjose left that facility because they were deported, were released under
supervision while their cases were being decided, or left ICE detention for one of a variety of other reasons.
This is a special facility for housing juveniles.
Use of this facility was handled by the Office of Refugee Resettlement (ORR),
Division of Unaccompanied Children's Services, U.S. Department of Health and Human Services.
Those individuals who departed from this facility because they were leaving ICE detention made up 76 percent of
the 63 detainees housed at this facility during the last 12 months.
This report focuses on the reasons these individuals left ICE detention.
Sometimes this report speaks of these individuals as those "exiting" ICE detention, or simply as "exits."
The other 24 percent remained in ICE detention but were transferred from the Southwest Key Juvenile -Sanjose to other facilities.
This report covers those who left ICE custody.
It excludes individuals transferred to other ICE facilities.
For more information on this facility, including individuals that were transferred, see additional TRAC reports in this series.
This report series is based upon analyses conducted by the Transactional Records Access Clearinghouse (TRAC)
at Syracuse University of 3.4 million government records tracking each individual who passed through an
ICE detention facility during the past decade.
The most recent 12 month period for which comprehensive data are available is for April 2007 through
March 2008. See About the Data.
How This Facility Ranks Nationally
Rankings on the number leaving ICE detention. The Southwest Key Juvenile -Sanjose was one of 1,528 facilities that were used to
house immigration detainees during the last decade, and one of 654 facilities
nationwide that housed ICE detainees during the most recent 12 month period. Of
these 654, there were 324 facilities that had at least 10 individuals who were deported or released.
Excluding those facilities with fewer than 10 exits, the
Southwest Key Juvenile -Sanjose last year ranked in the top 70 percent nationwide in
the number of individuals leaving ICE detention.
This means that 70 percent of the locations contributed the same or a
larger numbers of exits, while 30
percent had a smaller number. See Table 1.
Deportations. Nationally, the most common reason that a detainee left ICE detention was that they were deported from the United States.
During the most recent 12 month period for which comprehensive data are available, nationwide 81 percent
of those leaving ICE detention were deported or "voluntarily" departed.
By way of comparison, a lower percentage of detainees (38 percent) left the country from the Southwest Key Juvenile -Sanjose because
they were formally deported, or left under the so-called "voluntary departure" procedure.
Trends in the Number of Detainees Deported or Released
Trends in the number leaving ICE detention. When deportations and other releases during the
April 2007-March 2008 period were compared with those in the previous 12 months, the Southwest Key Juvenile -Sanjose numbers
were slightly down by 4 percent.
During the April 2006-March 2007 period the facility processed 50 "exits" as compared with 48 last year.
As detailed in Table 1, numbers last year were also down 4 percent as compared with the number of those leaving
ICE detention (50) during FY 2005.
Exits last year were however up by 1,100 percent as compared with the number of exits (4) during FY 2000.
Figure 1: Month-by-month number of detainees leaving this facility
Longer term exit trends. Greater detail on these long-term trends for those leaving
ICE detention from the Southwest Key Juvenile -Sanjose are displayed in Figure 1.
Here the month-by-month number of exits are graphed against the backdrop of the total detainees
leaving the custody of this facility.
Exits are displayed with darker shading while those transferred appear with lighter shading.
As is readily apparent, considerable variation has occurred over time in both the overall numbers of
detainees as well as the volume leaving ICE detention during this period.
Table 2: Number of detainees leaving
|| 72 %
|| 36 %
|| 78 %
|| 79 %
|| 73 %
|| 83 %
this facility over the last decade
Exit trends are also summarized by fiscal year in Table 2.
Year-by-year figures for the Southwest Key Juvenile -Sanjose are given for the total number of detainees as
compared with those leaving ICE detention from the facility.
The percent of detainees that left ICE detention is also given.
(As mentioned above, the remaining detainees were transferred to another ICE detention facility.)
Because data for all twelve months of the most recent fiscal year are not yet available, the
FY 2008 numbers (October 2007 through September 2008) are estimated based upon reporting for the first six months.
Were Detained Individuals from the Local Area?
Information on the place of arrest was not included in the available data ICE released.
However, we can examine whether the Southwest Key Juvenile -Sanjose was the first ICE facility in which
these detainees were held.
According to ICE records, for the vast majority (75 percent) of these detainees, the Southwest Key Juvenile -Sanjose
was the first place they were sent when they were detained by ICE.
The remaining 25 percent had been
transferred in from another ICE detention facility.
We can also look at how quickly they arrived at this facility after they were first detained.
A total of 81 percent arrived at the Southwest Key Juvenile -Sanjose at some point
during the very first day they were detained by ICE.
There was considerable variability among detainees in the number of detention facilities
they had been held in before they were finally deported or released from this facility.
The number of facilities ranged as high as 4 separate locations for some detainees.
These figures again are based on an analysis of the most recent 12 months for which data are available.
For the United States as a whole, last year the typical detainee stayed in two
different ICE detention facilities before being deported or released - half stayed
in 2 or fewer facilities, and half stayed in 2 or more.
The average number of ICE facilities detainees moved through was 1.9.
Detainees at the Southwest Key Juvenile -Sanjose on average had stayed at somewhat fewer (1.3) ICE facilities.
Table 3: Reasons individuals left ICE detention during the last 12 months
|| 48 %
|| 5 %
|| 23 %
|| 72 %
|| 15 %
|| 10 %
|| 8 %
|| 0 %
|| 4 %
|| 1 %
|| 2 %
|| 2 %
|| 8 %
|| 0 %
|| 0 %
|| 3 %
Why Did Detainees Leave ICE Detention?
ICE records one of twenty-three reasons a detainee left ICE detention.
As shown in Table 3, these reasons fall into ten general categories -- from leaving because
one is deported or removed, to leaving because one escaped or the individual died while in custody.
As mentioned earlier, while nationally the most common reason that a detainee left
ICE detention was that they were deported from this country, this was not the top
reason at this facility.
At the Southwest Key Juvenile -Sanjose only 11 individuals (23 percent) were deported or removed during the most recent 12 month period for which data are available.
(ICE data did not distinguish between deportations and removals, and the terms are used interchangeably in this report.)
The issuance of an order to release the detainee was the most common reason why individuals were
recorded as leaving ICE detention from this facility.
Under an "order of recognizance" an individual is released with reporting conditions while in deportation proceedings and
awaiting a final decision.
A second type of order ("order of supervision") releases an individual after a final order of removal.
Here an individual is released because ICE has not met the time limits the law imposes for deporting the individual.
There were 23 (48 percent) who left the Southwest Key Juvenile -Sanjose detention for these reasons: 23 with orders
of recognizance, and none with an order of supervision.
Under some circumstances, detainees are allowed to take "voluntary departure."
As with deportation, under voluntary departure a person must leave the country.
However, unlike formal deportation where the individual is barred by law from reentering this country permanently
or for a period of years, under voluntary departure the individual is not legally barred from reentry.
An additional 7 detainees (15 percent) left the Southwest Key Juvenile -Sanjose last year as voluntary departures.
ICE also has discretionary authority to "parole" individuals and give them
temporary entry into the country, often on humanitarian grounds.
Individuals with serious medical conditions, pregnant women, and certain juveniles are among the
Other categories are individuals who will serve as witnesses in judicial or administrative proceedings,
and individuals whose parole is considered by ICE in the "public interest."
There were a total of 4 individuals (8 percent) who were paroled from this facility.
Withdraw entry request.
Individuals also leave ICE detention for a variety of additional reasons.
One of these is that individuals who have been detained may be allowed to "withdraw" their
request to enter the country.
If a person withdraws their request, this effectively means they must
leave the country. A total of 2 individuals (4 percent) fell into this category.
Unlike deportation where the person is legally barred for a period of years and sometimes
permanently from coming back to the United States, a person who withdraws their request is
not for that reason barred from re-entry into this country.
No legitimate grounds to deport.
Sometimes individuals left ICE detention because they "won" their case.
Typically this occurs when an Immigration Judge orders the deportation proceedings ICE has
filed against them "terminated" (dismissed) and the judge's order after any appeals
Analysis of the latest 12 months of data show that one individual was released from detention by the Southwest Key Juvenile -Sanjose
because a determination was made that there were no grounds
to deport the individual and thus ICE had to release him or her from custody.
Escape and death. Nationally, there were 92 individuals who escaped ICE detention during the latest 12 month period for
which data are available, and 8 individuals were recorded as having died in detention.
No one was recorded by the Southwest Key Juvenile -Sanjose as either escaping or dying last year.
Over the past decade, 3 escapes were recorded from this facility, but no deaths.
As shown in Table 3, no one was recorded as leaving the Southwest Key Juvenile -Sanjose during the past 12 months for the following
Bonded out and U.S. Marshal or other agency. See "Reasons for Leaving ICE Detention" for a description of these categories.
Figure 2: Reasons individuals left ICE detention
Comparing Release Reasons Against The National Picture
In many respects release reasons for the Southwest Key Juvenile -Sanjose departed from the national picture.
It was the case that a lower proportion left because they were deported from
this facility (23 percent) than was true for the U.S. as a whole (72 percent).
A higher proportion (15 percent) left this facility as voluntary departures than
was true nationally (10 percent).
In addition, differences were seen for detainees released on orders of recognizance or supervision (48
versus 5 percent), for those paroled (8
versus 0 percent), and individuals released on bond (none versus 8 percent).
The facility's percentages fell within 3 percentage points of the national figures for all other categories.
Which nationalities predominate? Last year in the United States, individuals from Mexico comprised the largest number
of those leaving ICE detention. Some 53.6 percent of all detainees recorded Mexico as their country of origin.
The Southwest Key Juvenile -Sanjose had a much smaller proportion of detainees from Mexico - 31 percent among their exits.
Detainees from Mexico were also the largest single nationality group among those leaving detention from the facility.
Table 4: Numbers leaving ICE detention by nationality
|| 37.5 %
|| 73.3 %
|| 0.0 %
|| 62.5 %
|| 0.0 %
|| 0.0 %
|| 0.0 %
|| 0.0 %
|| 0.0 %
|| 0.0 %
during the last 12 months
In descending order,
the other top nationalities after Mexico that made up those leaving ICE detention
from the Southwest Key Juvenile -Sanjose last year were:
China (21%), El Salvador (17%), Guatemala (13%) and Honduras (6%).
This compared to the United States as a whole where the other top five nationalities after
Mexico were Honduras (11.0%), Guatemala (10.0%), El Salvador (8.4%) and Dominican Republic (1.6%).
Figure 3: Nationality of those
leaving ICE detention
For the frequency for each of the other nationalities among those leaving ICE detention from the Southwest Key Juvenile -Sanjose last year see Table 4.
Deportations and voluntary departures by nationality.
Within the nationalities that made up those listed in Table 4 with more than one individual, the
proportion deported or voluntarily departing
varied from 0 percent to 100 percent.
As mentioned above, this compares with 38 percent for all detainees.
With the highest rate of 100 percent were detainees from India where all individuals were deported or took voluntary departure.
More than one country was tied with the lowest rate, where detainees were deported or took voluntary departure.