THE GIBSON REPORT — 08-13-18 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Featuring Atlantic’s Franklin Foer & The Case For Ending The Current “ICEAge”

Gibson Report 08-13-18 Gibson Report 08-13-18

How Trump Radicalized ICE

The Atlantic: The early trump era has witnessed wave after wave of seismic policy making related to immigration—the Muslim ban initially undertaken in his very first week in office, the rescission of DACA, the separation of families at the border. Amid the frantic attention these shifts have generated, it’s easy to lose track of the smaller changes that have been taking place. But with them, the administration has devised a scheme intended to unnerve undocumented immigrants by creating an overall tone of inhospitality and menace.

 

Stepped Up Illegal-Entry Prosecutions Reduce Those for Other Crimes

TRAC: The push to prioritize prosecuting illegal border crossers has begun to impact the capacity of federal prosecutors to enforce other federal laws. In March 2018, immigration prosecutions dominated so that in the five federal districts along the southwest border only one in seven prosecutions (14%) were for any non-immigration crimes.

 

Immigration Judges Union Slams Trump Administration For Undermining Courts

HuffPo: The National Association of Immigration Judges alleges that Trump administration officials transferred the case of an undocumented immigrant away from a Philadelphia-based immigration judge because the judge didn’t give them the outcome they wanted: a swift order of deportation when the immigrant didn’t show up in court for a hastily scheduled hearing.

 

“There Won’t Even Be A Paper Trail”: Has Stephen Miller Become A Shadow Master At The State Department?

Vanity Fair: For the past year, Miller has been quietly gutting the U.S. refugee program, slashing the number of people allowed into the country to the lowest level in decades. “His name hasn’t been on anything,” says a former U.S. official who worked on refugee issues. “He is working behind the scenes, he has planted all of his people in all of these positions, he is on the phone with them all of the time, and he is creating a side operation that will circumvent the normal, transparent policy process.” And he is succeeding.

 

Team Trump’s Plot to Block Legal Immigrants from Citizenship

Daily Show: Despite the Trump administration’s campaign promise to focus on illegal immigration, White House senior adviser Stephen Miller is crafting a plan to limit legal immigrants’ access to citizenship and green cards, especially for those who have used public assistance.

 

The Port of Entry

NPR: The wait time for migrants seeking asylum at legal ports of entry along the U.S.-Mexico border has recently increased from hours to weeks, causing some families to camp out for days. We go to the border to meet some of the people waiting there and explain the asylum process in the United States.

 

Colorado couple fighting to stop adopted 4-year-old daughter from being deported

The Hill: The Becerras legally adopted Angela through Peruvian court, and sought to bring her back to the U.S. after the adoption was finalized in 2017…The tourist visa that Angela was eventually granted is set to expire at the end of this month, but her immigration case was denied without explanation, according to the couple.

 

ICE Crashed a Van Full of Separated Mothers, Then Denied It Ever Happened

TX Observer: On July 18, a cargo van transporting eight Central American mothers separated from their children under Trump’s “zero tolerance” policy crashed into a pickup truck in San Marcos. An ICE contractor was taking the women from a detention center near Austin to the South Texas Detention Complex in Pearsall to be reunited with their kids. Even though police said the van was too damaged to continue driving and the women reported injuries, ICE repeatedly denied the crash ever took place.

 

Under Trump arrests of undocumented immigrants with no criminal record have tripled

NBC: The surge has been caused by a new ICE tactic of arresting — without warrants — people who are driving or walking down the street and using large-scale “sweeps” of likely immigrants, according to a class-action lawsuit filed in June by immigration rights advocates in Chicago.

 

The Thousands of Bodies Along the US-Mexico Border

NPR: In the last 18 years, more than 2,800 migrant bodies have been found along the Arizona border with Mexico. About 1,000 of the bodies are unidentified. We speak with a woman trying to identify them.

 

U.S. Mayors Send Letter to USCIS Regarding Backlog of Citizenship Applications

On 7/30/18, a group of U.S. mayors sent a letter to USCIS regarding the consistent backlog of citizenship applications before USCIS. The mayors urge USCIS to take aggressive steps to reduce the waiting time for processing citizenship applications down to six months. AILA Doc. No. 18080901. See also CHRCL Partners With NPNA And Others To FOIA U.S. Citizenship And Immigration Service For Reasons Behind

Skyrocketing Naturalization Backlog.

 

Coney Island Man Indicted for Posing as Immigrant Assistance Service Provider and Filing Dozens of Allegedly Fraudulent Asylum Applications

Brooklyn DA: The District Attorney identified the defendant as Vadim Alekseev, 42, of Coney Island, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 21-count indictment in which he is charged with first-degree scheme to defraud, first-degree immigrant assistance services fraud, fourth-degree grand larceny, tampering with physical evidence and practicing or appearing as attorney-at-law without being admitted and registered. He was ordered held on $15,000 bail and to return to court on October 3, 2018. The defendant faces up to four years in prison if convicted on the top count.

 

LITIGATION/CASELAW/RULES/MEMOS

 

ACLU Files Lawsuit Regarding Expedited Removal and Matter of A-B-Asylum Policies

A federal judge ordered a woman and her daughter to be returned to the U.S. and threatened to hold AG Jeff Sessions in contempt after learning that they were in the process of being removed while a court hearing appealing their deportations was underway. (Grace, et al., v. Sessions, 8/9/18) AILA Doc. No. 18081004

 

Court rules Mexican mother can sue over cross-border Border Patrol shooting

Politico: A woman whose son was killed on Mexican soil by a U.S. Border Patrol agent in Arizona can sue for damages, a federal court ruled Tuesday. The U.S. Ninth Circuit Court of Appeals ruled that Border Patrol agent Lonnie Swartz is not entitled to qualified immunity, saying that the Fourth Amendment — which prohibits unreasonable searches and seizures — applies in this case.

 

DOJ Issues Statement on Court Order Ordering the Restoration of DACA Program

Attorney General Jeff Sessions issued a statement in response to the court order in the D.C. District Court, ordering the restoration of the DACA program, stating, “The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA.” AILA Doc. No. 18080635

 

Federal Judge Certifies Class Action Against The Geo Group, Inc.

A District Court judge certified a class of current and former civil immigration detainees who performed work for The Geo Group, Inc. at its Northwest Detention Center in Tacoma, WA and were paid a $1 daily rate. (Nwauzor et al. v. The GEO Group Inc., 8/6/18) AILA Doc. No. 18080770

 

District Court Orders USCIS to Timely Adjudicate Initial EAD Asylum Applications

Following summary judgment briefing by both parties, the court ruled in Plaintiffs’ favor on July 26, 2018. The court ordered USCIS to follow the law and timely adjudicate initial EAD asylum applications. (Gonzalez Rosario v. USCIS, 7/26/18) AILA Doc. No. 15052630

 

Lawsuit Filed on Behalf of Parents Who Waived Right of Their Children to Pursue Asylum Claims

In a lawsuit filed on behalf of minor migrant children who were forcible separated from their parents and have been, or will be, reunified with them pursuant to Ms. L. v. ICE, the judge transferred three claims to be considered by the judge in the Ms. L. v. ICElawsuit. AILA Doc. No. 18080730

 

Judge Orders Full Restoration of DACA, with 20-Day Delay

A federal judge ruled that the Trump administration must fully restore the DACA program but delayed the order until 8/23/18 to allow the government to respond and appeal. (NAACP v. Trump, 8/3/18) AILA Doc. No. 17091933

 

BIA Dismisses Appeal, Finding Involvement in Animal Fighting Venture is CIMT

BIA reaffirmed its prior decision denying the respondent’s application for cancellation of removal and dismissed his appeal, finding that exhibiting or sponsoring an animal in an animal fighting venture is a crime involving moral turpitude. Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) AILA Doc. No. 18080637

 

BIA Reverses EWI Finding in Light of Respondent’s Credible Testimony

Unpublished BIA decision reverses finding that respondent was present without being admitted or paroled in light of his credible testimony that he last entered the country with a border crossing card. Special thanks to IRAC. (Matter of I-M-G-, 7/28/17) AILA Doc. No. 18080731

 

BIA Dismisses Appeal, Finding Respondent Ineligible for Cancellation of Removal

BIA found that the IJ properly determined that the respondent is ineligible for cancellation of removal following his violation of a protection order, because he has been convicted of an offense under INA §237(a)(2)(E)(ii). Matter of Medina-Jimenez, 27 I&N Dec. 399 (BIA 2018) AILA Doc. No. 18080736

 

BIA Holds Oklahoma Statute Not an Aggravated Felony Theft Offense

Unpublished BIA decision holds that larceny from a person under Okla. Stat. tit. 21 § 1701 is not an aggravated felony theft offense because it encompasses takings that were fraudulently obtained with the consent of the owner. Special thanks to IRAC. (Matter of Lopez-Hernandez, 7/14/17) AILA Doc. No. 18080937

 

BIA Rescinds In Absentia Order for Respondent Who Arrived Late to Hearing

Unpublished BIA decision rescinds in absentia order against respondent who arrived at 10:45 am for a 9:00 am hearing after his vehicle experienced a mechanical failure, finding that he did not fail to appear for his hearing. Special thanks to IRAC. (Matter of Rivas-Diaz, 7/18/17) AILA Doc. No. 18081044

 

BIA Holds Virginia Larceny Statute Not a Particularly Serious Crime

Unpublished BIA decision holds that grand larceny from the person under Va. Code Ann. 18.2-95 is not a particularly serious crime on its face, making it unnecessary to examine the underlying circumstances of the offense. Special thanks to IRAC. (Matter of J-J-V-, 7/18/17) AILA Doc. No. 18081300

 

BIA Finds Reentry As LPR Not an “Admission” Under INA 212(h)

Unpublished BIA decision holds that respondent was not subject to the aggravated felony bar in INA 212(h) because his reentry following a trip abroad did not qualify as an “admission” as an LPR. Special thanks to IRAC. (Matter of Reza, 7/18/16) AILA Doc. No. 18081303

 

ICE Information on the Document and Benefit Fraud Task Forces

ICE provides background information into the document and benefit fraud task forces, including the 28 locations around the United States. HSI has partnered with federal, state, and local counterparts to create these task forces. AILA Doc. No. 18080802

 

DOS Responds Regarding Impact of Travel Ban 3.0 on Visa Processing

A 6/22/18 letter from DOS to Senator Van Hollen on the impact of Presidential Proclamation 9645 (Travel Ban 3.0) on the processing of U.S. visas. Letter includes information about the number of applicants from impacted countries who have applied for visas and those who have been cleared for waivers. AILA Doc. No. 18080900

 

GAO Finds CBP Is Proceeding Without Key Information Regarding Border Barriers

The GAO reviewed DHS’s efforts to deploy barriers along the southwest border, and issued a report finding that CBP is evaluating designs and locations for border barriers but is proceeding without key information, such as an analysis of the costs based on location or segment, which can vary widely. AILA Doc. No. 18080903

 

RESOURCES

 

 

EVENTS

 

11/26-28/18 CLINIC & NITA “Advocacy in Immigration Matters”

*********************************

Check out Elizabeth’s first item, Franklin Foer’s outstanding article in The Atlantic on how Trump, Sessions, & Miller have turned ICE into a modern “Mini-Gestapo” deporting individuals who actually are contributing mightily to the United States and its economy while sowing terror in the ethnic communities. Sure sounds familiar to those of us who recently toured the Holocaust Museum.

That’s why 19 of the real “pros’ at ICE, the agents of Homeland Security Investigations (“HSI”), petitioned recently to escape from the toxic unproductive atmosphere of ICE and distance themselves from the tarnished “ICE brand” which actually greatly diminishes real law enforcement efforts.

Foer makes a compelling case for abolishing ICE and reconstituting its real law enforcement functions into a new agency with more professional and unbiased leadership. Not going to happen now. But, eventually there will be “regime change” in America (or America as we know it will cease to exist). When that happens, a meltdown of the current ICE and recasting it should be a top priority for Congress and the Executive.

Until then, the “New Due Process Army” (of which Elizabeth Gibson is a charter member) will be fighting ICE’s overkill (and, I might add, gross waste of taxpayer funds on counterproductive “enforcement”) every step of the way!

PWS

08-14-18

 

Related posts:

  1. PROFESSOR FITZ BRUNDAGE @ WASHPOST: Can We Regain Our Humanitarian Values In The Age Of Trump? — “We must shine a spotlight on cruel and illegal policies that undermine our national ideals and find the wisdom and the courage to do better.”
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”
  4. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?”