Department of Homeland Security – Page 235

Immigration Raids Net 680

https://www.washingtonpost.com/national/immigration-authorities-arrested-680-people-in-raids-last-week/2017/02/13/3659da74-f232-11e6-8d72-263470bf0401_story.html?hpid=hp_rhp-more-top-stories_no-name%3Ahomepage%2Fstory&utm_term=.87f8b6f9b6cb

According to the Washington Post:

“Immigration authorities last week arrested 680 people who were in the United States illegally, Homeland Security Secretary John F. Kelly said in a statement Monday.

The raids in at least a dozen states, which marked the Trump administration’s first large-scale crackdown on people living in the United States illegally, set off a wave of panic and protest in immigrant communities over the weekend and sparked questions from immigration advocates as to whether the arrestees posed legitimate threats to public safety.

DHS, which overseas U.S. Immigration and Customs Enforcement (ICE), said Monday that approximately 75 percent of those arrested were “criminal aliens,” including some who had been convicted of crimes such as homicide, sexual assault of a minor and drug trafficking.

Asked to provide further clarification, a DHS official confirmed that the term “criminal aliens” includes anyone who had entered the United States illegally or overstayed or violated the terms of a visa. There are an estimated 11 million people in the United States who fit that profile.

ICE declined to provide the names and locations of those who were detained in the raids, nor would the agency say how many of the 680 people had committed serious crimes.

Field offices in Los Angeles, San Antonio, Chicago, Atlanta and New York City released a total of 15 examples of people ICE took into custody last week, including one who was a “self-admitted MS-13 gang member” and one who was wanted for murder and attempted murder in Mexico. Seven had prior convictions for sexual assault or for lewd or indecent acts with a child, and three, including the gang member, had convictions for drug trafficking or distribution.

ICE carried out the arrests in New York, California, Illinois, Texas, Missouri, Kansas, Georgia, North Carolina, South Carolina, Kentucky, Indiana and Wisconsin. Of those, about a quarter had no prior convictions.

ICE has characterized the raids as routine, but immigrant rights groups said the actions were out of the ordinary and that most of those swept up were not dangerous. They said ICE also handled the detentions — which activists described as playing out in homes, on the side of the road and outside workplaces — differently from how the agency had in the latter years of the Obama administration, and accused the government of sowing fear among the immigrant community.

“This is not normal,” Sulma Arias, field director for the Center for Community Change, said in a teleconference with reporters Monday, calling it a “horrific overreach that will destroy families and undermine the American Dream for thousands.”

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There still seems to be confusion as to whether these were “business as usual” by DHS or the result of the Trump Administration’s Executive Orders cracking down on so-called “criminal aliens.” Perhaps, it doesn’t really make any difference. Whatever it’s called, it’s the “new normal.”

PWS

02/13/17

Wow! Even Professor John “Johnny Waterboard” Yoo Thinks That Four Years Of Trump’s “‘So-called’ Judgement” Could Be Torture!

https://www.wsj.com/articles/trumps-so-called-judgment-1486941557

Yoo, author of the notorious “Torture Memos” under the Bush II DOJ, and his colleague Professor Sai Prakash (who, as far as I know, had nothing whatsoever to do with said Torture Memo) write in today’s Washington Post:

“But if presidential attacks on the courts are nothing new, the history also underscores the smallness of Mr. Trump’s vision. Jefferson, Lincoln and FDR knew when to speak and when to keep silent. They invoked the great powers of the presidency to oppose the Supreme Court only when fundamental constitutional questions were at stake: the punishment of political dissent; secession and slavery; Congress’s power to regulate the economy. The occasion for Mr. Trump’s fury is a temporary restraining order of a temporary suspension of immigration from seven countries. Mr. Trump still has the opportunity to prevail on the merits. He hasn’t lost the case—at least not yet.

The Trump administration will often appear in court over the next four or eight years. It will lose plenty of cases, because, like its predecessors, it will push the legal envelope. If the president publicly vents every time he loses a ruling, his complaints will recede into background noise.

Questioning judicial decisions, and even the judiciary’s legitimacy, is entirely proper. But a wise president will reserve such attacks for extraordinary matters of state involving the highest constitutional principles. To do otherwise risks dissipating the executive’s energy, weakening the president’s agenda, and wasting his political capital. When criticizing the Supreme Court for upholding the Bank of the United States, declaring Dred Scott a slave, or striking down the New Deal, presidents were advancing constitutional agendas worthy of a fierce attack on the courts. Mr. Trump is upset about losing a minor procedural test of a temporary executive order. If he doesn’t learn to be more judicious, we’re in for a long four years.”

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Kinda says it all. Yoo and Prakash are right. All Administrations lose cases on a daily basis in Federal Courts throughout the county — literally thousands of them over a full Administration.

I know, because one of my duties as the Deputy General Counsel of the “Legacy INS” was to to write or supervise the writing of “Adverse Decision Reports” (known in the DOJ litigation business as “Tombstones”) to the Solicitor General’s Office. It could have been almost a full time job (without some “help from my friends” in the office and the field).

And, of course, the INS was only one of many Government agencies litigating in the Federal Courts every day. We at the “Legacy INS” even had our own “dedicated litigation division,” known as the “Office of Immigration Litigation (“OIL”)” within the Civil Division. Also, no (or almost no) term of the Supreme Court goes by without the USG being on the “losing” side of one or more major decisions.

So, the Prez better get used to it. He could start by paying more attention to the career “Federal Court Pros” in the Solicitor General’s Office and OIL and less attention to the views of guys like Stephen Miller, Steve Bannon, and even VP Mike Pence who are totally clueless as to how to conduct winning Federal litigation. Indeed, as Governor of Indiana, Pence got “totally creamed” in his disingenuous, mean-spirited, and illegal attempt to bar the resettlement of well-screened Syrian refugee families in Indiana. But, some folks never learn (and. perhaps, never will).

PWS

02/13/17

More Nonsense From Miller — Preventing “Crime Before It Happens”

http://www.huffingtonpost.com/entry/white-house-deportations-prevent-crime_us_58a0874fe4b03df370d709f3?

Christina Willkie writes on HuffPost:

“White House policy director Stephen Miller on Sunday expanded the goals of President Donald Trump’s controversial immigration executive order, saying it would “prevent crime before it happens” by deporting undocumented immigrants deemed to “pose a threat to public safety.”

The statement was reminiscent of the plot of “Minority Report,” a film set in a dystopian future where people are arrested before they actually commit crimes.

A series of immigration raids authorized by the Trump administration in recent days were purportedly intended to arrest and deport criminals. Instead, many of the people being arrested have no criminal records.”

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Also worth noting that the Trump Administration is now taking “credit” for the “raids,” contradicting the earlier claim by DHS officials that they were “business as usual.”

PWS

02/12/17

Know Your Rights Presentation with Professor Alberto Benitez and Chris Carr, JD ’17

https://vimeo.com/user9108723/review/203448069/ae155e4ae3

Professor Benitez and his students from the George Washington Law School Immigration Clinic have consistently made huge contributions to due process and the excellence of immigration practice at the Arlington Immigration Court. I highly recommend this educational video!!

PWS

02/11/17

Increased “Raids” And Removals Likely To Be The “New Norm” Under Trump Enforcement Policies

http://www.ksbw.com/article/are-immigration-raids-result-of-trump-policy/8730502

The AP reports:

“Advocacy groups claim that Immigration and Customs Enforcement officers are rounding up people in large numbers around the country as part of stepped-up enforcement under President Donald Trump. They have cited immigration action in Southern California that they believe is especially heavy-handed.
The government says it’s simply enforcing the laws and conducting routine enforcement targeting immigrants in the country illegally with criminal records.

The truth lies somewhere in between. Here are some of the facts surrounding what’s happening with immigration enforcement:”

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

Read the full story at the link. President Trump seems destined to “dethrone” President Obama as the “Deporter in Chief.”

PWS

02/10/17

Cost Overrun — Border Wall Tab Now Up To $21.6 Billion — To Paraphrase The Late GOP Sen. Ev Dirksen, A Billion Here, A Billion There, Soon You’re Talking About Real Money!

http://www.huffingtonpost.com/entry/trump-border-wall-cost_us_589cf9d9e4b0ab2d2b13ae7b?ytwsf6htga11exw29

From HuffPost:

“WASHINGTON, Feb 9 (Reuters) – President Donald Trump’s “wall” along the U.S.-Mexico border would be a series of fences and walls that would cost as much as $21.6 billion, and take more than three years to construct, based on a U.S. Department of Homeland Security internal report seen by Reuters on Thursday.

The report’s estimated price-tag is much higher than a $12-billion figure cited by Trump in his campaign and estimates as high as $15 billion from Republican House Speaker Paul Ryan and Senate Majority Leader Mitch McConnell.

The report is expected to be presented to Department of Homeland Security (DHS) Secretary John Kelly in coming days, although the administration will not necessarily take actions it recommends.

The plan lays out what it would take to seal the border in three phases of construction of fences and walls covering just over 1,250 miles (2,000 km) by the end of 2020.”

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

PWS

02/10/17

Matt Zapotsky in WashPost: “7 key take-aways from the court’s ruling on Trump’s immigration order”

https://www.washingtonpost.com/news/post-nation/wp/2017/02/09/7-key-takeaways-from-the-courts-ruling-on-trumps-immigration-order/?hpid=hp_rhp-top-table-main_trumpban-takeaways-930pm%3Ahomepage%2Fstory&utm_term=.64ae82747f5

PWS

02/10/17

BREAKING: 9th Circuit Panel Unanimously Reject’s Administration’s Request For Stay Of Travel Ban — Read The Complete Decision Here!

Read-the-9th-Circuit-s-opinion-on-the-travel-ban

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I think it will be hard for the Administration to prevail at this stage. I’d be surprised if either the full (“en banc”) 9th Circuit or the Supreme Court want to get involved at the TRO stage.

President Trump Tweets “See You In Court.” (Hasn’t that line been used before?) But, as indicated above, I’m not sure that the Supreme Court (particularly with only 8 Justices) will want to intervene at this point. The Supremes did take the Obama Immigration Executive Order case at a preliminary stage; but they were unable to resolve it on the merits, affirming the lower court’s injunction by an evenly divided Court. Not clear why the Court would be in a better position to resolve this one. But, we’ll find out shortly.

PWS

02/09/17

Undocumented Residents Are Part Of The Fabric Of Our Nation’s Capital

https://www.washingtonpost.com/local/in-trumps-capital-undocumented-immigrants-live-and-work-in-the-shadow-of-the-white-house/2017/02/07/ed837844-e8d3-11e6-b82f-687d6e6a3e7c_story.html

Theresa Vargas and Steve Hendrix write in today’s Washington Post:

“Monroy is now working toward a master’s degree in international education. She is also the director of education at the Family Place, a service organization that offers literacy classes for adult immigrants, many of whom have no more than a third-grade education. She credits DACA with giving her that freedom to thrive and help others.

“A lot of fear I had before was taken away,” she said.

She hopes Trump will continue to honor the policy, but said if he revokes it, she is less worried about herself than others. Every day she sees women who come from places where gangs have taken their homes and tried to recruit their children. Women who fear not just instability, but losing loved ones, if they are forced to leave the United States. It is why in recent weeks she has attended protests at the White House and in front of the Trump hotel, adding her slight frame to the swelling crowds.

“I’ve told my friends if I have to go down with a fight, it will be a glamorous fight,” she said.”

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

Read the full front-page story at the link.

PWS

02/09/17

Summaries Of 9th Cir. Travel Ban OA & Judicial Bios From WSJ

https://www.wsj.com/articles/donald-trumps-immigration-action-in-courts-hands-1486491207

DEVLIN BARRETT, BRENT KENDALL and ARUNA VISWANATHA report in today’s WSJ:

“An appeals court pressed a Justice Department lawyer Tuesday on whether President Donald Trump’s executive order on immigration is discriminatory, while also pushing an attorney for the two states fighting the order to explain how it could be unconstitutional to bar entry of people from terror-prone countries, the Justice Department lawyer arguing on behalf of the administration, urged the appeals court to remove a lower-court injunction on the order, arguing that the court shouldn’t second-guess the president’s judgment when it came to a question of national security.

The executive order, Mr. Flentje told a three-judge panel of the San Francisco-based Ninth U.S. Circuit Court of Appeals, struck a balance between security concerns and the practice of allowing people to enter the country.

“The president struck that balance, and the district court’s order has upset that balance,” he said. “This is a traditional national security judgment that is assigned to the political branches and the president and the court’s order immediately altered that.’’

The oral arguments on whether to reinstate some, all, or none of President Donald Trump’s executive order on immigration represented a crucial test in the fast-moving legal battle over White House efforts to restrict entry into the U.S. The Jan. 27 order suspended U.S. entry for visitors from seven predominantly Muslim countries for at least 90 days, froze the entire U.S. refugee program for four months and indefinitely banned refugees from Syria. The administration argues the action was needed to keep terrorists from domestic soil.

The president weighed in on Twitter on Wednesday morning: “If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!”

The legal clash, which is also playing out in other courts around the country, represents a remarkable test of the powers of a new president determined to act quickly and aggressively to follow up on his campaign promises. Mr. Trump, who promised repeatedly on the campaign trail to tighten what he called lax immigration policies, issued his executive order a week after taking office, generating widespread protests as well as plaudits and setting off an immediate debate over the extent of executive branch authority.”

. . . .

The court isn’t making a final determination on the legality of Mr. Trump’s order for now. Instead, it must decide what immigration rules will be in effect during the coming months while court proceedings on the substance of the president’s restrictions continue.”

Read the WSJ’s bios of the three U.S. Court of Appeals Judges on the panel: Judge William C. Canby Jr., Judge Richard Clifton, Judge Michelle Friedland:

https://www.wsj.com/articles/three-federal-judges-will-decide-on-donald-trump-travel-ban-1486488393

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This one still seems “too close to call.” There are substantial arguments on both sides. Courts generally do not like to interfere with the authority of the President in the fields of immigration, national security and foreign policy. On the other hand, appellate courts are usually very reluctant to interfere with trial court proceedings at the very preliminary TRO stage. While this might eventually end up in the Supreme Court, as most commentators assume, I’m skeptical it will go there any time soon, given the Supreme’s current short-handed configuration.

PWS

02/08/17

American Bar Association Adopts Resolution Opposing President Trump’s Executive Order On Visas & Refugees!

https://us.vocuspr.com/Publish/515903/vcsPRAsset_515903_132952_3a1e221c-3f7f-4046-8513-36015233ac7e_0.jpg
American Bar Association
Communications and Media Relations Division
www.americanbar.org/news

Release: Immediate

Contact: Karen DeWitt
Phone: 202-662-1502
Email: Karen.DeWitt@americanbar.org
Online: http://www.americanbar.org/news/abanews/aba-news-archives/2017/02/aba_urges_president.html

ABA urges President Trump to withdraw order restricting travel from seven Muslim-majority countries

MIAMI, Feb. 6, 2017 — The American Bar Association urged President Donald Trump today to withdraw the executive order “Protecting the Nation from Foreign Terrorist Entry into the United States,” which restricts immigration from seven Muslim-majority countries, suspends all refugee admission for 120 days and indefinitely suspends the entry of Syrian refugees.

By voice vote, the ABA House of Delegates, the association’s policy-making body, adopted resolution 10C calling on the executive branch to ensure full, prompt, and uniform compliance with court orders addressing the executive order.

The House––made up of 589 members representing state and local bar associations, ABA entities and ABA-affiliated organizations––also urged the administration to take care that all executive orders regarding border security, immigration enforcement and terrorism:

respect the bounds of the U.S. Constitution and due process rights;

not use religion or nationality as a basis for barring an otherwise eligible individual from admission to the United States;

adhere to the U.S.’s international law obligations relating to the status of refugees and to the principle of non-refoulement; and

facilitate a transparent, accessible, fair and efficient system of administering the immigration laws and policies of the United States and ensure protection for refugees, asylum seekers, torture victims and others deserving of humanitarian refuge;

In Resolution 10B, the House also reaffirmed the ABA’s support of legal protection for refugees, asylum seekers, torture victims, and others deserving of humanitarian refuge. It urged Congress to adopt additional legislation to appropriate funds for refugee applications and processing, and mandate that refugees receive an appropriate individualized assessment in a timely fashion that excludes national origin and religion as the basis for making such determination.

The association’s policy-making body discussion took place at the James L. Knight Center of the Hyatt Regency Miami. The session concluded the 2017 ABA Midyear Meeting, which began Feb. 1.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

If you would rather not receive future communications from American Bar Association, let us know by clicking here.
American Bar Association, 321 N Clark St, Chicago, IL 60654-7598 United States

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

Thanks to my good friend Dan Kowalski over at Lexis Nexis for forwarding this to me.

PWS

02/07/17

N. Rappaport In HuffPost: Visa Restrictions Under President Trump’s EO Might Expand!

http://www.huffingtonpost.com/entry/5894ed61e4b061551b3dfe64?timestamp=1486251772708

Nolan writes in HuffPost:

“Too much attention is being paid to a 90-day travel ban in President Donald Trump’s Executive Order Protecting the Nation From Foreign Terrorist Entry into the United States (Order). While it is a serious matter, the temporary suspension of admitting aliens from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen into the United States is just the tip of the iceberg. Other provisions in the Order may cause much more serious consequences.

Section 3(a) of the Order directs the Secretary of the Department of Homeland Security (DHS), in consultation with the Secretary of the Department of State (DOS) and the Director of National Intelligence, to determine what information is needed “from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.” This applies to all countries, not just the seven that are subject to the 90-day suspension.

Those officials have 30 days from the date of the Order to report their “determination of the information needed for adjudications and a list of countries that do not provide adequate information (emphasis supplied).”

Section 3(d) directs the Secretary of State to “request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.” Section 3(e) explains the consequences of failing to comply with this request. Note that this also applies to all countries, not just the seven that are subject to the 90-day delay.

(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, …) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs (emphasis supplied).
This is far more serious than the 90-day ban on immigration from the seven designated countries. With some exceptions, President Trump is going to stop immigration from every country in the world that refuses to provide the requested information. And this ban will continue until compliance occurs.”

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If this happens, there are likely to be more challenges, and more work for lawyers. Could President Trump turn out to be the best thing that has happened to the U.S. legal profession lately? Stay tuned.

PWS

02/05/17

Refugees Already Are Given “Extreme Vetting!”

https://www.washingtonpost.com/posteverything/wp/2017/02/01/refugees-are-already-vigorously-vetted-i-know-because-i-vetted-them/?utm_term=.56efba544468

Former U.S. Immigration Officer and refugee processor Natasha Hall writes in the Washington Post:

“This is what President Trump’s recent executive order has done. The order bans entry for citizens of seven countries for 90 days, suspends all refugee admissions for 120 days, halves the total number of refugees allowed into the United States this year and bars refugees from Syria indefinitely. It demands “a uniform screening standard and procedure,” “questions aimed at identifying fraudulent answers and malicious intent,” “a mechanism to ensure that the applicant is who the applicant claims to be” and “a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts.”

Whoever wrote this order is evidently not aware that these screenings, procedures and questions already exist.

During nearly four years as an immigration officer, I conducted in-person interviews with hundreds of refugees of 20 different nationalities in 10 countries. I saw countless refugees break down crying in my interview room because of the length and severity of the vetting process. From that experience and numerous security briefings, it’s clear that the authors of Trump’s order are unfamiliar with the U.S. immigration system, U.S. laws, international law and the security threats facing our nation. I can’t speak for all refugee and asylum officers, but I can say that those who have been working in immigration for years from opposite ends of the political spectrum are appalled by these new policies.”

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The current ruckus over “vetting” has led to many folks failing to appreciate the outstanding job that the much-maligned DHS, the State Department, The FBI, our NGO partners, U.S. Intelligence Agencies, and the Obama Administration, working together, did in keeping our country safe from foreign terrorist attacks.

PWS

02/05/17

BREAKING: 9TH CIR. Denies Gov’s Request For Immediate Stay Of Judge Robart’s Order, But Orders Expedited Briefing!

http://cdn.ca9.uscourts.gov/datastore/general/2017/02/05/17-35105.pdf

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

FILED

FEB 04 2017

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

STATE OF WASHINGTON; STATE OF MINNESOTA,

Plaintiffs-Appellees,

DONALD J. TRUMP, President of the United States; et al.,

Defendants-Appellants.

No. 17-35105

D.C. No. 2:17-cv-00141 Western District of Washington, Seattle

ORDER

Before: CANBY and FRIEDLAND, Circuit Judges.
The court has received appellants’ emergency motion (Docket Entry

No. 14). Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied.

Appellees’ opposition to the emergency motion is due Sunday, February 5, 2017 at 11:59 p.m. PST. Appellants’ reply in support of the emergency motion is due Monday, February 6, 2017 at 3:00 p.m. PST.

MOATT

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Here’s what it means. The Government has appealed o the 9th Circuit Court of Appeals from Judge Robart’s TRO suspending enforcement of the Executive Order on visas and refugees. The Government requested an “immediate emergency stay” of the Judge’s TRO pending appeal. The 9th Circuit rejected the Government’s request for an “immediate” emergency stay (probably because it would have been “ex parte,” that is, without giving the other side a chance to respond).

However the 9th Circuit did order the State of Washington (and other parties opposing the stay) to file a response by noon today (Super Bowl Sunday), and also ordered the Government to respond to that filing by 3:00 PM tomorrow (Monday).

The 9th Circuit’s denial of the “immediate” emergency stay is not a “ruling on the merits” of the appeal or even the request for emergency stay. It just means that the 9th Circuit wanted additional information from both parties before deciding whether or not to grant the emergency stay pending appeal.

The Government’s request for emergency stay thus remains “alive” and could be granted (or denied) after the 9th Circuit has had a chance to review the legal arguments on both sides.

The reporting on this so far has been pretty confusing. Hope this helps straighten things out.

PWS

02/05/17

BREAKING: It Ain’t Over Till It’s Over: U.S. District Judge James L. Robart (W.D. WA) Issues Nationwide TRO Blocking Key Parts Of Trump’s EO On Visas & Refugees: State Of Washington v. Trump — Gov Will Appeal!

http://i2.cdn.turner.com/cnn/2017/images/02/03/state.of.washington.v.trump.pdf

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This is the issue that never sleeps. A copy of Judge Robart’s Order is at the link. Judge Robart is a George W. Bush appointee.

Here’s more on the TRO and the USG’s reaction from CNN:

http://www.cnn.com/2017/02/03/politics/federal-judge-temporarily-halts-trump-travel-ban-nationwide-ag-says/index.html

Haste makes waste.

PWS

02/04/17

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