Fed Drug Laws Result In Over A Half-Million Deportations Amid State Reforms

In a new joint report, Human Rights Watch (HRW) and the Drug Policy Alliance (DPA) reveal the severe impact of federal drug prohibition on immigrant deportations. As reported by Cultivated News, between 2002 and 2020, more than 500,000 immigrants were deported for drug offenses, many of which are no longer criminalized under state law. Of these cases, more than 47,000 were related to cannabis possession.

Human Consequences Of Conflicting Laws

“Drug reform policies are not inclusive and equitable unless they address harms to immigrants,” stated Maritza Perez Medina, DPA’s director of federal affairs.

Vicki Gaubeca, HRW's associate US director for immigration and border policy, emphasized the human cost. “Why should parents or grandparents be deported away from children in their care for decades-old drug offenses, including offenses that would be legal today?”

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Federal vs. State Law Discrepancy

Although many states have reformed their drug laws, including decriminalization or legalization of cannabis, federal immigration laws have remained punitive for drug offenses since the 1980s. This discrepancy results in the continued deportation of immigrants for minor drug offenses, which are often no longer criminal under state law.

The report underscores the real human consequences of the conflict between state and federal laws on cannabis, highlighting how federal laws ignore state-level reforms and continue to impose severe penalties on immigrants.

Racial Discrimination And Family Separation

The continued deportation of immigrants for drug offenses not only undermines state-level reforms, but perpetuates racial discrimination. The paper notes the resulting disproportionate impact on Black and Brown immigrants, which ultimately contributes to family separation and community destabilization. Ongoing policies do not capture the change in public opinion toward more humane drug policies, especially around cannabis.

Calls for Federal Reform and Judicial Discretion

HRW and DPA call for federal law to align with state-level drug reforms to prevent unnecessary suffering and disruption of immigrant lives. They recommend giving more discretion to immigration judges in deportation cases and suggest applying state drug laws to noncitizens.

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