Friday, September 2, 2016

Fact-checking Donald Trump’s speech to the Detroit Economic Club

August 9, 2016

In an effort to reset his troubled presidential campaign, Donald Trump gave a prepared speech to the Detroit Economic Club, an important venue for major economic addresses. Here’s a guide to 16 of the more fact-challenged assertions made by the GOP nominee. As is our practice, we do not award Pinocchios in speech roundups.

“Hillary Clinton short-circuited again — to use a now famous term — when she accidentally told the truth and said she wanted to raise taxes on the middle class.”

This is ridiculously false — something that earned Trump a “Pants on Fire” from our friends at PolitiFact three days ago. It is appalling that it still turns up in a prepared speech.

On Aug. 4, Clinton gave a speech in which the prepared text had this line: “We aren’t going to raise taxes on the middle class.” When Clinton delivered the speech, she dropped the “t” and so to some ears it might have sounded like an “are,” especially on a videotape. (Reporters at the event heard “aren’t.”)

PolitiFact asked a linguistic professor to run Clinton’s remarks through a phonetics computer program. That effort confirmed that when she said “aren’t,” she hit the “n” but somehow missed the “t.” So it’s rather strange Trump is still making this claim.

“Our current tax code is so burdensome and so complex that we waste 9 billion hours a year in tax code compliance.”

This is a relatively high estimate for a number that is difficult to measure with precision. The IRS’s National Taxpayer Advocate in 2012 pegged the figure at about 6 billion hours. The number includes record-keeping and reading the tax rules, not just filling out tax forms. Whether the time is “wasted” is a matter of opinion; tax revenue of course helps fund the functions of government.

Clinton’s “plan would tax many small businesses by almost 50 percent.”

Trump is referring to companies that file taxes under the individual income code rather than the corporate income tax code, which leads to shareholders being taxed twice (once on the corporation’s earnings, and again on their personal income taxes).

Companies that pay individual income tax include smaller companies like partnerships, sole proprietorships and some limited liability companies. They comprise a range of companies, from self-employed people to law firms. (See more on this in our 2011 fact check.)

Trump adds up to nearly 50 percent by summing three current law individual income tax rates with Clinton’s proposed 4 percent surcharge on income greater than $5 million, according to calculations by the Urban-Brookings Tax Policy Center and footnotes from the Trump campaign.

But the “small businesses” that would be affected by Clinton’s proposed tax increases comprise a small share of taxpayers with these types of business income. According to the 2015 distribution of individual tax returns with business income from the Tax Policy Center, Trump’s statement applies to less than 2 percent of individuals that report at least half of their income from business. About 90 percent of taxpayers with business income make under $200,000, and thus would not be affected by the individual tax increases under Clinton’s plan.

Clinton’s small business plan includes a tax relief proposal for businesses with one to five employees.

“NAFTA, which her husband signed, is a very, very big reason [for economic problems in upstate New York].”

We’ve been over this time and again. Bill Clinton was certainly a supporter of NAFTA who pushed approval through Congress. But it was negotiated and signed by President George H.W. Bush. (Here’s a photo.) Moreover, more Republicans than Democrats voted for the deal, as the trade pact was vehemently opposed by labor unions. One key ally for Clinton was then-House Minority Whip (and later House speaker) Newt Gingrich (R-Ga.), now a Trump supporter.

Clinton did put his political prestige on the line to get it approved by Congress — even as two top Democrats, House Majority Leader Richard Gephardt (Mo.) and House Majority Whip David Bonior (Mich.), opposed it. In the House, NAFTA passed 234-200; 132 Republicans and 102 Democrats voted in favor of it. The Senate approved NAFTA 61-38, with the backing of 34 Republicans and 27 Democrats.

In the House and the Senate, more Democrats voted against NAFTA than for it — a signal that the Bernie Sanders wing of the Democratic Party was strong even then. Clinton held a signing ceremony for the implementing legislation on Dec. 3, 1993, flanked by former presidents and congressional leaders of both parties. But that’s not the same as negotiating and signing the treaty with Mexico and Canada. The trade agreement went into effect on Jan. 1, 1994.

“Their policies produced 1.2 percent growth, the weakest so-called recovery since the Great Depression.”

Trump is mixing up two facts here. The growth in the gross domestic product in second quarter was 1.2 percent. The annual average growth rate in the recovery has been 2.1 percent, which is the weakest pace of any expansion since at least 1949. Yet, at the same time, it is now the fourth longest expansion since 1949 — and in fact is the longest expansion under a single president.

“There are now 94.3 million Americans outside of the labor force. It was 80.5 million when President Obama took office, an increase of 14 million people.”
This is a misleading juxtaposition of accurate numbers. Trump makes it sound as if 14 million fewer people are working, when in fact the size of the labor force has increased by 5 million people since Obama took office.

The 94.3 million figure includes retirees, students, stay-at-home spouses and the like — people who choose not to work. As for the increase in people who have stopped working, about 50 percent of the shift between 2007 and 2013 stems from the retirement of the baby boom generation, according to a Congressional Budget Office estimate. So that’s a long-term historical trend that cannot be pinned on Obama.

The other half stems from “weakness in employment prospects and wages” and because potential workers became frustrated by the slow recovery and drooped out of the labor force.

“The 5 percent [unemployment] figure is one of the biggest hoaxes in American modern politics.”

Trump has given fairly absurd estimates for the unemployment rate in the past, ranging up to 42 percent, but also 23 percent. Neither is correct, so he’s earned Four Pinocchios for these wild claims.

Trump suggests this official employment rate is rife with politics, but that’s false. The most commonly reported unemployment rate from the Bureau of Labor Statistics is officially known as the “U-3” rate. This is one of six different “labor utilization” rates issued every month by the agency. The U-3 rate reflects people who are actively seeking jobs but cannot find one. As of July, that was 4.9 percent of the labor force above the age of 16.

The estimate of unemployment is based on a monthly sample survey of 60,000 households. The BLS did not come up with this definition of unemployment willy-nilly; it actually reflects an internationally embraced definition set by the International Labor Organization — that the “unemployed” are people who are not working but have actively searched for work, are available to work and are willing and able to work for pay.

But you can also look at other rates, such as the “U-6,” which include people who are employed part-time — but want and are available for full-time work — as well as discouraged workers and workers “marginally attached” to the labor force. Some economists might argue that the U-6 rate provides a more accurate picture of the unemployment rate. As of July, that number was 9.7 percent.

“Fifty-eight percent of African American youth are either outside the labor force or not employed.”

Trump is referring to the labor force participation rate of black youth 16 to 24 years old, which combines the number of people who are unemployed or not in the labor force. Those not in the labor force include people who are not looking for jobs because they are students, have given up looking, or are just not looking for work. Not everyone who is outside the labor force is looking to work.

The labor force participation shows a less positive picture than the official unemployment rate by the Bureau of Labor Statistics. The BLS unemployment rate for black youth ages 16 to 24 is 20.6 percent as of July 2016. The unemployment rate reflects people who are not working but are available to work, and are looking for work.

Trump’s campaign has said that looking at the labor force participation rate “is a more comprehensive reflection of disengagement from the labor force than the unemployment rate,” as it includes those who are not finding work because they are discouraged from previous attempts at employment.

“Nearly 12 million people have been added to the food stamp rolls, and these people are growing and growing so rapidly since President Obama took office.”

Trump right on the number of enrollees increased under President Obama, and incorrect that the number is “growing so rapidly.”

There were 43.5 million people enrolled in the Supplemental Nutrition Assistance Program (SNAP), the official name for food stamps, in May 2016. That is an increase of 11.5 million people from when President Obama took office in January 2009,  when there were 32 million enrollees. [Update: We have corrected an earlier version of this fact check, which miscalculated the enrollee growth under Obama.]

This is actually the lowest number of people receiving food stamps since it reached its peak in 2013, a sign that the economy is finally improving enough that the delayed impact of economic recovery has reached families who depend on them.

The number of SNAP enrollees increased under Obama in part because of the Great Recession, and also because of the changes in the food stamp program under President George W. Bush, when Congress overrode his veto of the 2008 Farm Bill. That law boosted the buying power of food stamps by indexing key elements to inflation.

At the same time, Obama’s stimulus bill also temporarily boosted benefits even more. The Obama administration also announced that it was pushing to expand eligibility, in part on the theory that expanding the food stamp program is also good for the economy because the money is quickly spent. We explored the reasons for the SNAP enrollment increase under Obama in a 2011 fact check.
“No family will have to pay the death tax. American workers have paid taxes their whole lives, and they should not be taxed again at death.”

Actually, very few families ever pay the estate tax, as Congress has lifted the amount that is initially exempt from tax from $675,000 ($1.35 million for couples) in 2001 to $5.43 million (nearly $11 million for couples). The top tax rate also fell from 55 percent to 40 percent. As a result, there were 52,000 taxable estate tax returns filed in 2000 and fewer than 5,000 in 2013.

Trump is also wrong when he suggests that taxes have been already paid on the assets left to heirs. Many assets of the very wealthy — such as securities holdings — have not been previously taxed. And although in rare instances, a tax may have to be paid by the estate, a person who inherits appreciated stock is not required to pay any capital gains tax on the increase in value.

“Homeownership is at its lowest rate in 51 years.”

Trump correctly cites the most recent Census Bureau statistics. The homeownership rate in second quarter 2016 was 62.9 percent — the lowest rate since 1965, when the Census Bureau began tracking the data. The rate reached an all-time high around the height of the housing boom in 2005, at 69.2 percent.
While Trump blamed low homeownership rates on how the “Obama-Clinton agenda” has hurt the U.S. economy, this figure doesn’t tell the full picture.

The declining rate indicates that younger households are not yet ready to buy homes, and are struggling to save, according to the Wall Street Journal. But it also reflects an increase in the number of renters, likely due to the number of younger renters who now feel stable enough to leave their parents’ homes and get a place on their own.

Socio-demographic changes, such as lower rates of marriage and increased focus on education and career development, have led to delays in homeownership among younger households, according to the Harvard Joint Center for Housing Studies.

Federal Reserve data show today’s homeowners have the same equity in their properties as their cohorts did in late 2004, Washington Post opinion writer Charles Lane wrote, arguing that the rate decline is actually a good thing. “To put it another way: The United States actually has more homeownership, in economic terms, than it did when the homeownership rate, a measure of mere legal ownership, was higher. Accordingly, the economy should also be less vulnerable to another real estate shock,” Lane wrote.

“According to the Bureau of Labor Statistics, before NAFTA went into effect, there were 285,000 auto workers in Michigan. Today, that number is only 160,000 auto workers.”

Trump’s campaign cited Michigan jobs numbers from motor vehicle manufacturing and parts manufacturing. But Trump makes it sound like all of the jobs lost were due to NAFTA. But not all these jobs were lost because of trade; the manufacturing sector has declined as a source of jobs in the United States as productivity has risen. The Congressional Research Service found it is difficult to measure the exact impact of trade, compared to other variables that can affect the economy, such as inflation and economic growth.

There were many factors contributing to Detroit’s economic decline, including the decline of the auto industry. Strikes relating to union negotiations, automation and increased labor costs all contributed, according to a New York Times analysis of Detroit’s economic decline.

“The next betrayal will be the Trans-Pacific Partnership. Hillary Clinton’s closest friend, Terry McAuliffe, confirmed what I have said on this from the beginning: If sent to the Oval Office, Hillary Clinton will enact the TPP.”

Democratic Virginia Gov. Terry McAuliffe did say Clinton will flip on the Trans-Pacific Partnership if elected president, but he has clarified that he was saying what he hoped Clinton would do as president.

Republicans seized on McAuliffe’s comments, which contradicted what Clinton has promised on the campaign trail (that she opposes TPP) and reinforced one of Trump’s favorite attack lines against Clinton (that she would change her mind and support TPP).

McAuliffe made the remark during an interview after his speech at the Democratic National Convention. The Clinton campaign pushed back immediately, and campaign chairman John Podesta told Politico that Clinton never told McAuliffe she is open to changing her position on TPP. McAuliffe’s spokesman clarified that the governor was expressing what he hopes Clinton would do: “While Governor McAuliffe is a supporter of the TPP, he has no expectation Secretary Clinton would change her position on the legislation and she has never told him anything to that effect.”

Days after making the claim, McAuliffe told The Washington Post that Clinton would not support TPP as president, and that he disagrees with her stance against it: “I disagree with her. I think she is wrong. But I look at it through the prism of being governor, I have to do what’s right for Virginia.” McAuliffe said “it’s not going to happen. She’s already made up her mind. This is going to ride on the president’s shoulders.”
“American steel, steel — American steel — we will send new skyscrapers soaring all over our country. We will put new American metal into the spine of this nation.”

About 71 percent of steel used in the United States in 2015 was made in the United States, the New York Times recently reported, citing data from the American Iron and Steel Institute. While Trump has bemoaned the loss of American-produced steel and related jobs, particularly in the Midwest, the Times reported that steel mills in such cities “were not replaced by Chinese factories but by smaller, more efficient factories in other parts of the country.”

“One of my first acts as president will be to repeal and replace disastrous Obamacare, saving another 2 million American jobs.”

We’ve dismissed this ridiculous talking point repeatedly since it first emerged. But maybe Trump missed those columns. Let’s try to explain again.

The number comes from a 2014 Congressional Budget Office report. But Trump gets it totally wrong. This is not about jobs offered by employers. It’s about workers — and the choices they make.

The CBO’s estimate is mostly the result of an analysis of the impact of the Affordable Care Act on the supply of labor. That means how many people choose to participate in the work force. In other words, CBO examined whether the law increases or decreases incentives for people to work.

One big issue: the health insurance subsidies in the law. That’s a substantial benefit that decreases as people earn more money, so at a certain point, a person has to choose between earning more money or continuing to get the maximum help with health insurance payments. In other words, people might work longer and harder, but actually earn no more, or earn even less, money. That is a disincentive to work. (The same thing happens when people qualify for food stamps or other social services.)

Thus, some people might decide to work part-time, not full time, in order to keep getting health-care subsidies. Thus, they are reducing their supply of labor to the market. Here’s a simple way to understand this concept: If someone says they decided to leave their job for personal reasons, most people would not say they “lost” their jobs. They simply decided not to work.

The CBO did look at the effect on demand for labor (i.e., jobs) but said the effects of the health-care law are mostly on the margins or are not measurable.

“Hillary Clinton says her plan will put a lot of coal companies and coal miners out of business.”
This statement is taken out of context. During a March 2016 town hall in Ohio, Clinton was asked by a voter: “Make the case to poor whites who live in Tennessee, Mississippi, Alabama, who vote Republican, why they should vote for you based upon economic policies versus voting for a Republican?”

Clinton gave a lengthy response, which included the line, “We’re going to put a lot of coal miners and coal companies out of business.” But that line has been spun out of context since then and used as a soundbite. It was part of her longer answer about helping coal mine workers adjust after they lose their factory jobs. Coal mining jobs have declined in recent years. Many reasons have contributed to this decline, including efficiency improvements and the Obama administration’s decision to reduce coal plant emissions.

Her lengthy answer in March 2016 was consistent with themes in her November 2015 policy proposal for revitalizing coal communities. The proposal says that transitioning away from coal-powered plants has already affected mining communities like in Appalachia. Clinton supports the Obama administration’s clean energy plan, and proposed ideas to help improve coal workers’ health and retirement security, and to help with economic development in coal communities.

This was her full answer. The portion that Trump cited is in bold.
Well, first of all, I was happy to carry those states you mentioned, and I carried the white vote in those states, too, that voted Democratic now, I don’t want to get carried away here.

Look, we have serious economic problems in many parts of our country. And Roland is absolutely right. Instead of dividing people the way Donald Trump does, let’s reunite around policies that will bring jobs and opportunities to all these underserved poor communities.  

So for example, I’m the only candidate which has a policy about how to bring economic opportunity using clean renewable energy as the key into coal country. Because we’re going to put a lot of coal miners and coal companies out of business, right, Tim? And we’re going to make it clear that we don’t want to forget those people. Those people labored in those mines for generations, losing their health, often losing their lives to turn on our lights and power our factories.

Now we’ve got to move away from coal and all the other fossil fuels, but I don’t want to move away from the people who did the best they could to produce the energy that we relied on.

So whether it’s coal country or Indian country or poor urban areas, there is a lot of poverty in America. We have gone backwards. We were moving in the right direction. In the ’90s more people were lifted out of poverty than anytime in recent history. Because of the terrible economic policies of the Bush administration, President Obama was left with the worst financial crisis since the Great Depression, and people fell back into poverty because they lost jobs, they lost homes, they lost opportunities, and hope.  


So I am passionate about this, which is why I have put forward specific plans about how we incentivize more jobs, more investment in poor communities, and put people to work.

Fact-Checking Donald Trump’s Immigration Speech

Eugene Kiely, Lori Robertson, Robert Farley and D’Angelo Gore FactCheck.org
09/01/2016

The following post first appeared on FactCheck.org.

In Donald Trump’s anticipated speech on illegal immigration, he said “the facts aren’t known because the media won’t report on them.” But the Republican presidential nominee was wrong about the facts in several instances:

  • Trump cited federal data to claim that there are “at least 2 million … criminal aliens now inside our country.” But “criminal aliens” are those living in the U.S. both legally and illegally. An estimated 820,000 are illegally in the U.S., and about 690,000 of those were convicted of serious crimes.
  • Trump used a questionable figure for the costs of illegal immigration, claiming it was “$113 billion a year.” That’s from a conservative group, includes a sizable public education cost for U.S.-born children, and doesn’t factor in tax receipts. Other estimates show a modest state and local cost and a net positive impact on the federal budget.
  • He accurately cited a report that found “62 percent of households headed by illegal immigrants” receive public welfare benefits, but he falsely claimed that this violates federal law. In fact, the benefits are primarily for U.S.-born children living in those households, the report said.
  • He claimed that immigrants living in the country illegally “in many cases” are “treated better than our vets.” That’s a matter of opinion, but government programs and benefits are largely off-limits to those here illegally.
  • Trump said that 13,000 “criminal aliens” were released from federal custody “on Hillary Clinton’s watch” as secretary of state. But their release was forced by a 2001 Supreme Court decision, and carried out by another federal agency, not the State Department.
  • He said that “we’ve admitted nearly 100,000 immigrants from Iraq and Afghanistan” in the last five years. The U.S. admitted more than 108,000. But more than one-fifth of those obtaining legal permanent resident status were Iraqi and Afghan employees of the U.S. government.
  • Trump oversimplified nuanced policy positions when he said President Obama and Hillary Clinton “support sanctuary cities.” Obama has tried to work with local law enforcement to deport undocumented immigrants convicted of serious crimes. Clinton has said she supports sanctuary policies for minor offenses.
  • Trump falsely claimed that Clinton has a “plan to bring in 620,000 new refugees from Syria and that region over a short period of time.” Clinton last year proposed accepting 65,000 Syrian refugees in fiscal 2016, which ends Sept. 30. She has not said how many she would accept in fiscal 2017 or beyond.
  • He claimed the government has “no idea” how many immigrants are in the country illegally, and that it could be anywhere from 3 million to 30 million. Not so. The government estimated there were 11.4 million immigrants in the country illegally in 2012, and it’s a figure that tracks estimates from independent immigration groups.


Trump gave his speech in Phoenix on Aug. 31 after a short trip to Mexico earlier that day to meet with President Enrique Pena Nieto. Over the past week, Trump has sought to clarify his position on what to do with the estimated 11 million immigrants who are living in the United States illegally. And we found he had stretched the facts in doing so. His speech in Arizona was no different in that regard.


‘Criminal Aliens’
Early in his speech, Trump explained that he would “deliver a detailed policy address on one of the greatest challenges facing our country today, illegal immigration.” So some in his audience can be forgiven if they were left with the false impression that 2 million people have been convicted of a crime while living illegally in the U.S.

Trump: According to federal data, there are at least 2 million, 2 million, think of it, criminal aliens now inside of our country, 2 million people criminal aliens. We will begin moving them out day one. As soon as I take office.

A fiscal year 2013 Department of Homeland Security report says: “ICE estimates that 1.9 million removable criminal aliens are in the United States today.”

However, the term “criminal alien” refers to any noncitizen — whether in the U.S. legally or illegally — who has ever been convicted of a crime in the United States, as explained in a 2012 report by the Congressional Research Service.

ICE does not say how many of the 1.9 million were living in the U.S. illegally, but the Migration Policy Institute estimates in a July 2015 report that most of them are here legally. It says 820,000 of the 1.9 million are living in the U.S. illegally. Furthermore, about 690,000 of the 820,000 would be considered priorities for removal under policies adopted in 2014 — that is, the 690,000 have been convicted of a felony or serious misdemeanor. (See summary on page 25 of the report.)


Questionable Cost Estimate

Trump claimed that “illegal immigration costs our country more than $113 billion a year.” That’s a conservative group’s estimate that includes the cost of public education and health care for U.S.-born children of immigrants who came to the country illegally.

Other studies have estimated a net positive impact on the federal budget, and a modest one on state and local budgets.

Trump’s number comes from a 2010 study (updated in 2011) by the Federation for American Immigration Reform, which “seeks to reduce overall immigration to a level that is more manageable.” The report actually said that the net cost of illegal immigration, taking into account federal and local tax collections from these immigrants, was $99 billion. The $113 billion was for costs only, not monetary benefits to government coffers.

FAIR, which bases its estimates on an undocumented population of 13 million, figures $29 billion in federal costs and $84 billion for states and localities. Most of the state and local costs — 59 percent — come from education, including the public school education costs for U.S.-born children, and therefore U.S. citizens, of those living in the country illegally. Costs for Medicaid and the Children’s Health Insurance Program for those U.S. citizens are also included. But tax income from such children once they become adults isn’t factored in. FAIR uses an estimate of 4.7 million for the minor children of immigrants here illegally, with 72 percent of those children being born in the United States.

The figure also includes costs for immigration enforcement and prosecution, such as the Department of Homeland Security’s $2.5 billion budget for its Office of Detention and Removal.

As for other estimates, a 2007 report by the nonpartisan Congressional Budget Office concluded that while it is “difficult to obtain precise estimates,” the net impact on state and local budgets was “most likely modest.” A 1997 report by the National Research Council of the National Academy of Sciences found most immigrants — both legal and illegal — would have a net positive effect on government budgets over the immigrants’ lifetimes, due to a “strongly positive” fiscal impact at the federal level. The state and local costs, however, would be “concentrated in the few states that receive most of the immigrants.”
The impact on federal budgets includes payroll taxes paid by immigrants in the country illegally, including Social Security taxes they can’t collect unless they obtain legal status. The chief actuary of the Social Security Administration said that for 2010, those working in the country illegally contributed a net $12 billion to Social Security.


Welfare and Immigrants

As part of his argument that people living illegally in the U.S. are a drain on taxpayers, Trump cited a Center for Immigration Studies report on the use of welfare programs by immigrants who live in the U.S. both legally and illegally.

Trump: The Center for Immigration Studies estimates that 62 percent of households headed by illegal immigrants use some form of cash or non-cash welfare programs like food stamps or housing assistance. Tremendous costs, by the way, to our country. Tremendous costs. This directly violates the federal public charge law designed to protect the United States Treasury. Those who abuse our welfare system will be priorities for immediate removal.

We cannot vouch for the accuracy of the CIS report, but Trump did cite it accurately. The group, which advocates for “low immigration,” issued a September 2015 report that said, “Among households headed by an illegal immigrant, we estimate that 62 percent use one or more welfare programs.”

But Trump gets it wrong when he says, “This directly violates the federal public charge law designed to protect the United States Treasury.” As the report noted, U.S.-born citizens and adult green card holders living in “households headed by illegal immigrants” are legally entitled to food stamps, Medicaid and other welfare programs.

The report says that “illegal immigrant households primarily benefit from food programs and Medicaid through their U.S.-born children.” It also says that “pregnant women illegally in the country can sometimes be enrolled” legally in Medicaid, and “there is the Emergency Medicaid program that covers predominately illegal immigrants.”

“A large share of the welfare used by immigrant households is received on behalf of their U.S.-born children,” the report said. “This is especially true of households headed by illegal immigrants. Illegal immigrant-headed households without children make much more modest use of welfare programs.”

Treated Better than Veterans?
Trump claimed that immigrants living in the country illegally “in many cases” are “treated better than our vets.” We realize how well one group is treated compared with another is a matter of opinion, but immigrants in the U.S. illegally are largely barred from receiving benefits or participating in government programs, with few exceptions.

They can’t get Social Security, or enroll in government health care programs such as Medicaid or Medicare. They don’t qualify for food stamps, government housing or unemployment benefits, and they can’t vote.

As the U.S. Code says, an immigrant in the country without legal authorization “is not eligible for any State or local public benefit,” with a few exceptions: They can get emergency medical care; “short-term, non-cash” disaster relief; limited immunizations and treatment of communicable diseases; in-kind community assistance such as soup kitchens, crisis counseling or short-term shelter that “are necessary for the protection of life or safety.”

And, of course, they can be deported, as more than 400,000 immigrants in the country illegally were in fiscal 2014.

Some noncitizen veterans, however, have been deported too, after committing a crime or because they were in the U.S. illegally.

On ‘Clinton’s Watch’?

Trump blamed Clinton for the release of 13,000 “criminal aliens” from federal custody back into the U.S. But their release wasn’t up to Clinton when she was secretary of state. It was mandated by a Supreme Court decision, and carried out by the Department of Homeland Security.

Trump: According to a report for the Boston Globe, from the year 2008 to 2014 nearly 13,000 criminal aliens were released back into U.S. communities because their home countries would not, under any circumstances, take them back. Hard to believe with the power we have. Hard to believe. … These 13,000 releases occurred on Hillary Clinton’s watch. She had the power and the duty to stop it cold, and she decided she would not do it.

It’s true that the Boston Globe reported that U.S. Immigration and Customs Enforcement “freed 12,941 criminals nationwide from 2008 to early 2014.” But Clinton served as secretary of the State Department — not the Department of Homeland Security, which oversees ICE — from January 2009 to February 2013. So, not all of those criminal immigrants were released “on her watch,” as Trump said, and none was released by her department.

Plus, the release of those nearly 13,000 individuals was not discretionary. Instead, their release was mandated by a 2001 Supreme Court ruling, according to the Globe article.

Boston Globe, June 4: But ICE has also released tens of thousands of criminals in the United States — and in far greater numbers than they have disclosed to the Globe.

ICE told the news organization that the agency freed 12,941 criminals nationwide from 2008 to early 2014.

But [Sarah] Saldaña, the ICE director, told the House committee that the agency freed 36,007 criminals in fiscal 2013 alone. They are among 86,288 criminals they released from 2013 to fiscal 2015.

ICE officials said in an e-mail that the agency only provided the Globe the names of criminals they were forced to release under the Supreme Court decision; the additional releases were for other reasons.

The Supreme Court ruled in 2001 that, if another country refuses to accept them, the U.S. cannot hold convicted criminals (who have served their sentences) in detention without justification for longer than six months if their removal from the U.S. is not “reasonably foreseeable.”

Trump may have been alluding to a point made by others, that the State Department could do more, by not issuing visas, to pressure recalcitrant nations to take back their citizens convicted of crimes in the U.S. As Iowa Sen. Charles Grassley wrote in a letter in June, the U.S. has not imposed such sanctions, which are to be made after consultation between the secretaries of homeland security and state, on any nation since Guyana in 2001.


Immigrants from Iraq and Afghanistan

Trump said that the U.S. has admitted about 100,000 immigrants from Iraq and Afghanistan over the last five years. But about a quarter of those obtaining legal permanent resident status were Iraqis and Afghans working abroad for the U.S. government.

From 2010 to 2014, the U.S. granted green cards, or legal permanent resident status, to more than 108,000 people from Iraq (90,117) and Afghanistan (18,005), according to the most recent data from the Office of Immigration Statistics. But about one-fifth of those individuals came to the U.S. on special immigrant visas given mainly to employees of the U.S. government and their dependents.
From fiscal year 2010 to fiscal 2014, the U.S. awarded 22,595 special immigrant visas to Iraqis and Afghans who worked for the U.S. government. Of those, 8,859 visas were for the principal applicant and 13,736 visas were for their spouses and children.

Over that same time period, the U.S. awarded 697 additional visas to Iraqi and Afghan translators and interpreters. Those were split between 226 principal applicants and 471 dependents.

In all, according to a February 2016 report from the Congressional Research Service, from fiscal 2007 through the end of fiscal 2015, more than 37,000 individuals were granted special immigration status through the government’s programs for Iraqi and Afghan nationals.


Sanctuary Cities

Trump claimed that “President Obama and Hillary Clinton support sanctuary cities.” While it’s true that there has been no blanket crackdown on “sanctuary cities” by the Obama administration, there have been some efforts made to get cities to cooperate with federal authorities seeking deportation of undocumented immigrants who have committed serious crimes.

As for Clinton, she has expressed support for sanctuary cities, including those that overlook federal requests for detainers when immigrants in the U.S. illegally have committed minor offenses. But she said she has “no support” for communities that ignore federal requests to deport violent undocumented immigrants, such as the man who killed Kathryn Steinle in San Francisco.

Sanctuary cities are those that do not automatically turn over immigrants without legal status to federal immigration authorities. Although these policies — which vary by city — have been a contentious political issue for years, the sanctuary city issue took on new prominence in July 2015 after the murder of Steinle, who prosecutors allege was shot and killed in San Francisco by a Mexican national with a felony criminal record who had been deported several times.

The White House has publicly opposed Republican bills that sought to deny federal funding to so-called sanctuary cities. In part, the administration argued that such blanket policies would lead to mistrust between communities and local law enforcement.

Faye Hipsman, a policy analyst at the Migration Policy Institute, told us it is fair to say “there hasn’t been a crackdown” on sanctuary cities by the Obama administration.
But last year, she noted, the administration rolled out the Priority Enforcement Program, which seeks to get jurisdictions to voluntarily cooperate with federal immigration officials, with the understanding that federal officials would only target for deportation those immigrants who have been convicted of certain felonies, domestic or sexual abuse, drug dealing and drunk driving, as well as those involved in a gang or suspected terrorists. That would exclude undocumented immigrants who were jailed on routine driving offenses or other minor criminal offenses.

In opposing the Republican bills targeting sanctuary cities, the administration has argued that “Congress should give PEP a chance to work” because it “prioritizes the worst offenders.”

Jessica M. Vaughan, director of policy studies at the Center for Immigration Studies, a think tank that describes itself as an advocate for “low immigration,” told us PEP itself is an indication of support for sanctuary cities because it “explicitly tolerates sanctuary policies and required ICE Field Offices to accommodate them.”

The Department of Justice — at the urging of Republicans in the House appropriations subcommittee — warned earlier this year that some sanctuary policies violated federal law and jeopardized certain grant funding.
Republican Rep. John Culberson, who has been pushing the issue, cited a recent report from the Department of Justice’s Office of Inspector General as evidence that some jurisdictions are not complying with the federal law. According to Culberson, under the new DOJ guidelines, jurisdictions that fail to cooperate with federal immigration officials “will now have to choose between receiving law enforcement grant money or protecting criminal illegal aliens. They can no longer do both.”

Hipsman, of the Migration Policy Institute, said that the policy shift may be an indication that the Obama administration is moving toward a harder line with regard to some sanctuary policies. But both she and Vaughan said they were not aware that any grant money has been denied to any jurisdiction yet.

As for Clinton, she made her position clear in the aftermath of Steinle’s murder. She said in aCNN interview on July 7, 2015, that San Francisco “made a mistake not to deport someone that the federal government strongly felt should be deported” and that she has “absolutely no support for a city that ignores the strong evidence that should be acted on.” But she also expressed support for sanctuary policies as they relate to minor crimes.

Clinton on CNN, July 7, 2015: Well, what should be done is any city should listen to the Department of Homeland Security, which as I understand it, urged them to deport this man again after he got out of prison another time. Here’s a case where we’ve deported, we’ve deported, we’ve deported.  He ends back up in our country and I think the city made a mistake.  The city made a mistake, not to deport someone that the federal government strongly felt should be deported.

So I have absolutely no support for a city that ignores the strong evidence that should be acted on.

However, there are – like if it were a first-time traffic citation, if it were something minor, a misdemeanor, that’s entirely different. This man had already been deported five times. And he should have been deported at the request of the federal government.

After that interview, the Clinton campaign released a statement clarifying Clinton’s position.

“Hillary Clinton believes that sanctuary cities can help further public safety, and she has defended those policies going back years,” said Xochitl Hinojosa, a campaign spokeswoman, in a July 2015 statement. “As she made clear, this particular individual should not have been on the streets. … She believes that we need a system where people like this don’t fall through the cracks and that is why she continues to fight for comprehensive immigration reform.”


Syrian Refugees

Trump falsely claimed that Clinton has a “plan to bring in 620,000 new refugees from Syria and that region over a short period of time.” Clinton last year proposed accepting 65,000 Syrian refugees in fiscal 2016, which ends Sept. 30. She has not said how many she would accept in fiscal 2017 or beyond.

First of all, Trump got his own misleading talking point wrong. As we have written, the 620,000 figure refers to a flawed Senate Republican staff report that assumed Clinton in her first term would accept 155,000 refugees each year from all regions — not just “from Syria and that region,” as Trump said.

How did the Republican staff arrive at that number? Clinton last year said that she would have accepted up to 65,000 Syrian refugees in fiscal year 2016, which will end Sept. 30, instead of the 10,000 set by Obama. The GOP report assumes Clinton would accept 65,000 Syrian refugees and an additional 100,000 refugees from other countries for a total of 155,000 each year.

There’s one problem with that: Clinton has not said how many refugees she would seek to admit over four years.
The Clinton campaign told us that she still remains committed to accepting more than 10,000 Syrian refugees — provided that they can be properly screened. But she has not said how many more she would accept in the future or how many refugees in total she would admit.

Trump also said the Syrian refugees seeking admission to the U.S. have “no documentation” and “no paperwork.” That’s false. As we have written, Barbara Strack, chief of the refugee affairs division of the U.S. Citizenship and Immigration Services, told Congress last year that “we’ve found with Syrian refugees … in general they have many, many documents.” She also said documents are only one part of the vetting process that includes interviews by the U.S. Citizenship and Immigration Services and security checks by the National Counterterrorism Center, the FBI’s Terrorist Screening Center, the Department of Homeland Security and the Department of Defense.

Finally, Trump said that “we are going to stop the tens of thousands of people coming in from Syria.” That may be so in the future, but it is not the case right now.

The number of Syrian refugees admitted to the U.S. under Obama, from Jan. 20, 2009, through Aug. 31, totaled 12,670, according to the State Department’s Refugee Processing Center. That includes 10,066 this year, meeting the goal set by the administration for the fiscal year that ends Sept. 30. Obama has set a goal of accepting another 10,000 in the fiscal year that begins Oct. 1, although he leaves office in January.


Illegal Immigration Estimates

Trump claimed the government has “no idea” how many immigrants are in the country illegally, and that the number could be anywhere from 3 million to 30 million. Actually, the government has a pretty good estimate: 11.4 million. It’s a figure that nearly mirrors estimates from independent immigration groups.

Trump, Aug. 31: The truth is, the central issue is not the needs of the 11 million illegal immigrants or however many there may be — and honestly we’ve been hearing that number for years. It’s always 11 million. Our government has no idea. It could be 3 million. It could be 30 million. They have no idea what the number is.

We looked into this when Trump offered the same speculation in an interview with Anderson Cooper on CNN on Aug. 25. As we wrote then, the most recent estimate from the Department of Homeland Security is that there were 11.4 million unauthorized immigrants living in the U.S. in 2012. DHS used U.S. Census Bureau data on the foreign-born population, and then subtracted legal residents such as naturalized citizens, asylees and refugees. It then added in the estimated number of foreign-born individuals missed by the Census Bureau’s population survey.

Although that’s a four-year-old figure, it jibes with more recent estimates from independent immigration groups.

The Center for Migration Studies, a think tank that studies international migration, estimated that the illegal population was about 10.9 million as of 2014. Similarly, the nonpartisan Pew Research Center, based on preliminary figures, estimated that there were 11.3 million unauthorized immigrants living in the U.S. that year.

Immigration experts allowed that there is some uncertainty in the estimates, but they told us it is likely only to be off by a million or so. Uniformly, experts told us it is not possible that there could be as many as 30 million illegal immigrants in the U.S., as Trump suggested. Nor, they said, could the number be as low as 3 million.


Steven Camarota, director of research at the Center for Immigration Studies, which favors fewer legal immigration admissions to the U.S., estimated the population of illegal immigrants to be 11.5 million in 2015 and 11.7 million in 2016. That’s in the range of 10 million to 12 million that “most people believe,” Camarota told us in an interview.

FACT CHECKING NPR FACT CHECK OF TRUMP IMMIGRATION SPEECH

by  Jeremy Beck
SEP 1st 2016

National Public Radio has a useful but flawed fact check of Donald Trump's immigration speech in Arizona last night. Here are five areas where the NPR fact checks and clarifications could use some of their own:

NPR: "Trump lamented the "record pace" of immigration, but between 2009 and 2014, the U.S. has actually seen more Mexican immigrants LEAVING the U.S. than coming in, a net loss of 140,000 immigrants."

Fact Check: Trump didn't specify immigration from Mexico in his comment (though given Mexico-will-pay rhetoric it is understandable how one might infer that). Immigration has been going at a record pace, with the last two decades amounting to the largest wave of immigration in U.S. history (see DHS, table 1).

NPR: "Trump cited President Eisenhower, referencing his "Operation Wetback," the program undertaken by Eisenhower to deport immigrants in the U.S. illegally. FactCheck.org notes that he deported some 2.1 million, a figure that is "criticized as inflated by guesswork." More have been deported during President Obama's time in office. No one has deported as many as 11 million who are currently within the U.S."

Fact Check: NPR links to a Scott Horsley report that compares removals under Obama to past administrations. President Obama (audio here), Secretary Johnson, former Secretary Napolitano, Los Angeles Times, USA Today, Fusion, Jessica Vaughan, the Center for Immigration Studies, Conn Carroll, Patrick Brennan, and Sean Davis among others have pointed out that the Obama administration processes removals differently than past administrations, making apples-to-apples comparisons "deceptive" (to use Obama's term).

NPR: "Trump appears to be referring to this Boston Globe article in which ICE told the Globe that 12,941 were released from 2008 to 2014. The numbers were actually higher, over 86,000, the Globe notes, between 2013 and 2015 alone. The 12,941 figure was a number that the Supreme Court forced ICE to release, according to the Globe. Not all were violent criminals, and some 140 countries would not cooperate with deportations. It's not clear, however, what specifically Donald Trump is suggesting Hillary Clinton could have done about that."

Fact Check: Trump was clear on this point, saying:
"Yet, despite the existence of a law that commands the secretary of state to stop issuing visas to these countries, Secretary Hillary Clinton ignored this law and refused to use this powerful tool to bring nations into compliance."
Federal law requires the State Department to discontinue the granting of visas from countries that refuse to take their criminal nationals back. But the State Department has not complied. Representatives Jason Chaffetz (R-Utah) and Elijah Cummings (D-Maryland) asked for an explanation last month.

NPR: "A substantial number of people in the U.S. illegally entered the country legally, but have overstayed visas. Last year, when Marco Rubio said 40 percent of people in the nation illegally have overstayed visas, PolitiFact rated it "mostly true." Fresh estimates of the figure aren't available, the site wrote, but the 40 percent figure seemed to be a fairly good estimate."

Fact Check: NPR was checking this Trump comment:
"Last year alone, nearly a half a million individuals overstayed their temporary visas. Removing visa overstays will be a top priority of my administration."
The first part is true (debate the second part among yourselves!) For the first time ever, the Department of Homeland Security issued a report on visa overstays. In fiscal year 2015, 482,781 people overstayed their visas. Another approximately 43,000 overstayed but eventually left.

NPR: "E-Verify is an online system that allows employers to check whether job applicants are authorized to work in this country. It's used by less than 10 percent of employers today, but expanding the system was an important component of the bipartisan immigration bill passed by the Senate in 2013. (It died in the House.) E-Verify faces lingering challenges, including "false negatives" when people who should be allowed to work are shown to be ineligible, and privacy concerns."

Fact Check: Those 10 percent of employers account for a disproportionate number of new hires in America. In FY2013, E-Verify was used to authorize workers in the U.S. approximately 24 million times. E-Verify enrolled its 500,000th employer at the end of 2013. E-Verify Self-Check is available in all 50 states. Anyone can see if their records are up to date and if they are legally authorized to work in the United States before they apply for a job.

The 2013 Gang of Eight bill would have replaced E-Verify with an unspecified new system. President Obama and Senator Schumer took a hard line against an E-Verify trigger proposed by the House working group.