Dreamers – Page 29 – immigrationcourtside.com

FEAR WORKING? — Trump Showing Doubters That “Tough Talk & Actions” Can Alter Migration Patterns!

https://www.washingtonpost.com/politics/amid-immigration-setbacks-one-trump-strategy-seems-to-be-working-fear/2017/04/30/62af1620-2b4e-11e7-a616-d7c8a68c1a66_story.html?hpid=hp_rhp-top-table-main_trumpimmigration-710pm-1%3Ahomepage%2Fstory&utm_term=.f8b003fef8f7

David Nkamura writes in the Washington Post:

“In many ways, President Trump’s attempts to implement his hard-line immigration policies have not gone very well in his first three months. His travel ban aimed at some Muslim-majority countries has been blocked by the courts, his U.S.-Mexico border wall has gone nowhere in Congress, and he has retreated, at least for now, on his vow to target illegal immigrants brought here as children.

But one strategy that seems to be working well is fear. The number of migrants, legal and illegal, crossing into the United States has dropped markedly since Trump took office, while recent declines in the number of deportations have been reversed.

Many experts on both sides of the immigration debate attribute at least part of this shift to the use of sharp, unwelcoming rhetoric by Trump and his aides, as well as the administration’s showy use of enforcement raids and public spotlighting of crimes committed by immigrants. The tactics were aimed at sending a political message to those in the country illegally or those thinking about trying to come.

“The world is getting the message,” Trump said last week during a speech at the National Rifle Association leadership forum in Atlanta. “They know our border is no longer open to illegal immigration, and if they try to break in you’ll be caught and you’ll be returned to your home. You’re not staying any longer. If you keep coming back illegally after deportation, you’ll be arrested and prosecuted and put behind bars. Otherwise it will never end.”

The most vivid evidence that Trump’s tactics have had an effect has come at the southern border with Mexico, where the number of apprehensions made by Customs and Border Patrol agents plummeted from more than 40,000 per month at the end of 2016 to just 12,193 in March, according to federal data.

[Blame game: Trump casts immigrants as dangerous criminals, but the evidence shows otherwise]

Immigrant rights advocates and restrictionist groups said there is little doubt that the Trump administration’s tough talk has had impact.

“The bottom line is that they have entirely changed the narrative around immigration,” said Doris Meissner, who served as the commissioner of the U.S. Immigration and Naturalization Service in the Clinton administration. “The result of that is that, yes, you can call it words and rhetoric, and it certainly is, but it is changing behavior. It is changing the way the United States is viewed around the world, as well as the way we’re talking about and reacting to immigration within the country.”

. . . .

“One thing this administration has done that the Democrats’ message has to recalibrate for is that it’s not credible to the American people to say enforcement plays no role in [reducing] the numbers of immigrants coming illegally,” Fresco said. “Some have tried to perpetuate a myth that it is not linked. To the extent the numbers stay low, one thing the Trump administration has been able to say that is a correct statement is that enforcement does factor into the calculus.”

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

Read the entire article at the above link. President Trump might be losing the battles, but winning the war. That, in turn, might force Democrats to revise their views on immigration enforcement as part of long-term immigration reform.

PWS

05-01-17

Trump “Channels A.R.” — Tells “Dreamers” To R-E-L-A-X, Nothing Bad Is Going To Happen — But, Should They Believe Him? — Sessions Has A Different Message: Nobody Is Protected!

https://apnews.com/85c427bf25c747ce85d837caccd90648

Julie Pace reports for AP:

“WASHINGTON (AP) — Young immigrants brought to the U.S. as children and now here illegally can “rest easy,” President Donald Trump said Friday, telling the “dreamers” they will not be targets for deportation under his immigration policies.

Trump, in a wide-ranging interview with The Associated Press, said his administration is “not after the dreamers, we are after the criminals.”

The president, who took a hard line on immigration as a candidate, vowed anew to fulfill his promise to construct a wall along the U.S.-Mexico border. But he stopped short of demanding that funding for the project be included in a spending bill Congress must pass by the end of next week in order to keep the government running.

. . . .

As a candidate, Trump strongly criticized President Barack Obama for “illegal executive amnesties,” including actions to spare from deportation young people who were brought to the country as children and now are here illegally. But after the election, Trump started speaking more favorably about these immigrants, popularly dubbed “dreamers.”

On Friday, he said that when it comes to them, “This is a case of heart.”

This week, attorneys for Juan Manuel Montes said the 23-year-old was recently deported to Mexico despite having qualified for deferred deportation. Trump said Montes’ case is “a little different than the dreamer case,” though he did not specify why.

The Deferred Action for Childhood Arrivals program was launched in 2012 as a stopgap to protect some young immigrants from deportation while the administration continued to push for a broader immigration overhaul in Congress.

Obama’s administrative program offered a reprieve from deportation to those immigrants in the country illegally who could prove they arrived before they were 16, had been in the United States for several years and had not committed a crime since being here. It mimicked versions of the so-called DREAM Act, which would have provided legal status for young immigrants but was never passed by Congress.

DACA also provides work permits for the immigrants and is renewable every two years. As of December, about 770,000 young immigrants had been approved for the program.”

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

Meanwhile, back at the ranch, “Fear Monger in Chief” Jeff Sessions had a somewhat less reassuring message for young people and their families:

As reported by Ted Hesson in Politico:

“Attorney General Jeff Sessions could not promise that so-called Dreamers, or participants in the Deferred Action for Childhood Arrivals program, will not be deported, when he was interviewed Wednesday morning on Fox News.

Sessions fielded questions from host Jenna Lee about an undocumented immigrant who claims he was deported to Mexico despite his enrollment in the program, which was created through administrative action during the Obama administration.

The program allows undocumented immigrants brought to the U.S. at a young age to apply for deportation relief and work permits. In a federal lawsuit filed Tuesday, Juan Manuel Montes, a 23-year-old enrollee in the program, claimed he was sent to Mexico in February despite active DACA status.

“DACA enrollees are not being targeted,” Sessions said on Fox. “I don’t know why this individual was picked up.” But when pressed, Sessions said, “The policy is that if people are here unlawfully, they’re subject to being deported.”

“We can’t promise people who are here unlawfully that they’re not going to be deported,” Sessions added.”

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

Neither Trump nor Sessions, or for that matter anyone else in the Trump Administration, has much credibility on anything, particularly immigration policy. In reality, however, it appears that very few, if any, “Dreamers” have actually been removed.

The facts of the “Montes case” are still rather murky. He appears to have reentered the U.S. illegally, which generally would subject even a green card holder to removal. Montes reportedly is asserting an earlier “illegal removal” to Mexico. But, even if proved, that wouldn’t necessarily justify an illegal return. We’ll have to see how this case “plays out” in Federal Court, before the same judge who had the “Trump University” case.

But, the situation seems unusual enough that I would not draw any conclusion that it represents a policy change. Indeed, most “Dreamers” of whom I am aware do not actually have “final orders of removal.”

If they had pending U.S. Immigration Court cases, such cases were “administratively closed” and removed from the docket. Removal of such a “former Dreamer” would require the DHS to submit a “motion to re-calendar” to the U.S. Immigration Judge.

Once re-calendared, the case would proceed in the “normal manner,” whatever that might mean in the zany world of today’s U.S. Immigration Court. Generally, however, if the “former Dreamer” were not detained, he or she would go to the “end” of the 542,000 pending cases.

In most Immigration Courts, that would mean an “Individual Hearing” date after 2020, the end of Trump’s first term. And, as I have pointed out before, absent some “smart reforms” of the Immigration Court by Congress or the Administration to restore sanity and an emphasis on due process, the 125 new U.S. Immigration Judges proposed by Sessions will not eliminate the docket backlog at any time in the near future.http://wp.me/p8eeJm-Jf

However, notwithstanding what sometimes is called “Docket TPS,” former Dreamers could face another major obstacle: lack of “employment authorization” which was included in the DACA program. Without such authorization, continuing employment could cause major legal problems for both former Dreamers and their U.S. employers.

One possible solution would be for the “former Dreamer” to file an application for immigration benefits that carries with it the opportunity to qualify for a new employment authorization. The most likely application is probably asylum, although some who have never previously been in Removal Proceedings might also qualify to file for “cancellation of removal” or other forms of regularization of status.

Indeed, many of the dreamers who were on my docket when DACA was granted by USCIS had asylum applications pending, either on their own or as a dependent on a parent’s or spouse’s application, at the time the case was “administratively closed” and removed from my docket. The complexity of individual situations makes the prospect of mass removal of Dreamers even more unlikely.

Stay tuned!

PWS

04-22-17

LA TIMES: Immigration Courts Not Only “Broken Piece” Of Trump’s Removal Regime — DHS Can’t Keep Up With Removals Even Now! — “Haste Makes Waste” Rush To Hire More Agents Likely To Dilute Standards, Threaten National Security!” — New IG Report Blasts Current Practices!

http://www.latimes.com/politics/la-na-pol-ice-oig-20170420-story.html

Joseph Tanfani reports:

U.S. Immigration and Customs Enforcement, hampered by poor organization and an overworked staff, will have trouble keeping up with the Trump administration’s plans to ramp up deportations of people in the country illegally, government inspectors have concluded.

ICE has “overwhelming caseloads,” its records are “likely inaccurate” and its deportation policies and procedures “are outdated and unclear,” said a report released Thursday by the inspector general of the Homeland Security Department.

“ICE is almost certainly not deporting all the aliens who could be deported and will likely not be able to keep up with the growing number of deportable aliens,” the 19-page report concludes.

The harsh assessment is the latest dash of cold reality for Trump, who was swept into Washington promising vastly tougher enforcement of immigration laws, including more removals, thousands more Border Patrol agents and deportation officers, and construction of a formidable wall on the U.S.-Mexico border.

. . . .

An internal memo in February from Kevin McAleenan, acting director of Customs and Border Protection, revealed that Border Patrol was able to vet and hire only about 40 agents a month last year despite aggressive efforts to streamline the hiring process.

Reports this year that Customs and Border Patrol might stop using polygraph tests, intended to ferret out unqualified agents, drew a storm of criticism. So did the reason: Two out of three new applicants had failed the lie detector.

The agency first required polygraph tests for prospective employees in 2012 after an Obama-era hiring surge led to a sharp increase in agents getting charged or arrested for bribery, drug smuggling and other crimes on or near the border.

Moreover, the Border Patrol — the nation’s largest federal law enforcement agency — has more than 2,000 jobs empty even before a Trump-led hiring surge. The force fell below 20,000 agents this year for the first time since 2009, when Obama came to office.

Homeland Security Secretary John F. Kelly said Sunday that Customs and Border Protection would continue to use the polygraph as a hiring tool, although he added that the agency was considering changes to make the process less “arduous.”

. . . .

Moreover, the latest report from the inspector general’s office at Homeland Security said ICE agents, who are supposed to identify, detain and deport people in the country illegally, are ill-equipped to monitor those on their caseloads.

ICE tries to keep track of about 2.2 million foreigners who are not in jail, including more than 368,000 convicted criminals, the report said. Some officers have more than 10,000 cases, the report said, criticizing agency officials for not managing the problem.

“Although many ICE deportation officers … reported overwhelming caseloads and difficulty fulfilling their responsibilities, ICE does not collect and analyze data” that could be used to ease the pressure.

In one office, according to the report, officers complained that they had to manage so many thousands of cases that they couldn’t keep track of some migrants who had been flagged as risks to national security.

The report faulted ICE for insufficient training and failing to issue “up-to-date, comprehensive and accessible” guidelines on deportation. Resolving the failures, it said, “may require significant time and resources.”

“These management deficiencies and unresolved obstacles make it difficult for ICE to deport aliens expeditiously,” it said.

. . . .

Randy Capps, research director at the Migration Policy Institute, a nonpartisan think tank, said the Trump administration may have promised more than it can deliver given the systemic problems.

“Sooner or later, they are going to have to narrow down [deportation priorities] or the system is going to be overwhelmed,” he said. “That’s certainly what the Obama administration found. There’s a certain size past which the system is very hard to manage efficiently.”

I think Randy Capps has it exactly right. The system is not “infinitely expandable.” That’s also true of the U.S. Immigration Court system. At some point, reasonable priorities will have to be set. With perhaps as many as 12 million undocumented residents in the U.S., we simply can’t have line agents arresting anyone who “might” be removable.

Seems like it’s high time for some bipartisan congressional oversight of what we taxpayers are getting for our dollars over at the DHS. I say this acknowledging that over the years I have been impressed with the individual talent and dedication of the vast majority of DHS (and “Legacy INS”) employees I have come in contact with in my various “lives” in immigration law. But, management, mission focus, technology problems, and communications difficulties have always been agency-wide issues that in some ways make “the whole less than the sum of its parts.” Sure seems that it would be better to get these problems fixed before adding lots of “new parts.”

PWS

04-21-17

U.S. Kids Rally At White House Against Trump’s Deportation Agenda — “Don’t make us orphans in our own country!”

http://www.huffingtonpost.com/entry/immigrant-kids-white-house-protest_us_58f0069ee4b0da2ff85f9183?r9b&ncid=inblnkushpmg00000009

Michael McAuliffe reports in HuffPost:

“WASHINGTON — American children whose parents are undocumented immigrants brought a heartrending plea to the White House and President Donald Trump on Thursday: Don’t make us orphans in our own country.

The kids, among dozens who were organized by the group We Belong Together, fear that Trump’s crackdown on illegal immigration could deport their parents, even if they haven’t run afoul of the law in any other way.

Deportations dramatically increased during the Obama administration, but the focus was on immigrants who had committed serious crimes. The Trump administration’s orders stepping up enforcement include just about anyone.

Those undocumented immigrants often have American children. And they are afraid.

“I live with the fear of being separated from my mother every day,” said Leah, an 11-year-old from Miami whose mother is a domestic worker facing a deportation order.

“It is like when somebody you care about can die at any moment,” she added, standing outside the White House, accompanied by activists and other kids. “Why can’t I just enjoy being a kid? I cannot sleep or do my homework. All I can think about is my mother being taken away from me. I am so worried about my life.”

A mom of two children who is in hiding narrowly avoided likely deportation in February, when she sought sanctuary in a Denver chuch. Jeanette Vizguerra, who has reported to Immigration and Customs Enforcement regularly for 20 years while she sought a visa to escape violence in Mexico, fled a hearing on her case when her advocates noticed a squad of police apparently ready to arrest her.

“My mom has been going through the struggle of getting threatened and us getting scared by ICE,” said her son, Roberto, 10.

“I think it’s not fair for children to be living in fear or for parents not to be able to be with their children,” said her daughter, Luna, 12.

While those children and others all spoke of the worry they have of their own government, they also declared they would not relent in their bids to keep their families and other kids’ families whole.

“I want to tell Mr. Trump that he is a bully, and no matter how mean he is, and no matter how hard he tries, he will never break out spirit,” Leah said. “We are not afraid of you.”

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

What kind of country makes “orphans of their own children?” What kind of national values do these “instill fear” programs represent? Whatever happened to the positive national values set forth by FDR and JFK?

Way back before there were Presidents, an inspirational leader once said:

“Suffer little children to come unto me, and forbid them not: for of such is the kingdom of God.”

Luke 18:16

Not a bad thing to think about on Good Friday and over Easter weekend.

Sadly, some of today’s leaders seem to have shifted the message to “let me make the little children suffer.” Wonder what He would have thought about that?

PWS

04-14-17

PETULA DVORAK IN THE WashPost: Forget The Administration’s Fear-Mongering — There Are Many Amazing Kids In Our Midst Seeking Survival & A Chance To Contribute! These Are The Kids I Met In Immigration Court — And I Am Still Moved & Inspired By What Many Of Them Have Achieved & Their Potential!

https://www.washingtonpost.com/local/theyve-survived-untold-horrors-undocumented-teens-dont-deserve-to-be-demonized/2017/03/27/518dcebe-09b5-11e7-a15f-a58d4a988474_story.html?hpid=hp_regional-hp-cards_rhp-card-columnists%3Ahomepage%2Fcard&utm_term=.346ab2350bee

Petula Dvorak writes in her regular local column in the Washington Post:

“Their dreams — to become a lawyer, an interior decorator, a sailor in the Navy — are a lot like the dreams that other kids at their Maryland high school have.

It’s their nightmares — seeing relatives killed, paying off coyotes, being raped at the border, spending weeks in a detention center, being homeless in a new country — that make them so different.

“They’ve survived untold horrors,” said Alicia Wilson, the executive director at La Clinica Del Pueblo, which is working with Northwestern High School to help these teenagers.

The Hyattsville school has absorbed dozens of these students — part of a wave of more than 150,000 kids who have crossed the U.S. border over the past three years fleeing violence in Central America.

We usually hear about these young immigrants only when they’re accused of committing heinous crimes — such as the two undocumented students charged with raping a 14-year-old classmate in a bathroom at Rockville High School. Or when they become victims of heinous crimes — such as Damaris Reyes Rivas, 15, whose mother wanted to protect her from MS-13 in El Salvador but lost her to the gang in Maryland.

In country with a growing compassion deficit, plenty of people resent these kids, demonizing them along with other undocumented immigrants. But I wish those folks got to spend the time with them that I did. They’re funny, vulnerable, hard-working and stunningly resilient.”

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

Exactly what I found in more than a decade as a trial judge at the Arlington Immigration Court. The young people were among the most memorable of the thousands of lives that passed through my courtroom. “Funny, vulnerable, hard-working and stunningly resilient,” yes they were all of those things. To that, I would add smart, courageous, talented, motivated, and caring.

Many appeared at the first Master Calendar speaking only a few words of English. By the time the second Master rolled around (often 9-12 months on my overcrowded docket) they were basically fluent. And, they often were assisting others in the family to understand the system, as well as taking on major family responsibilities with parents or guardians holding down two, or sometimes three jobs.

I checked their grades and urged/cajoled them to turn the Cs into Bs and the Bs into As. Many brought their report cards to the next haring to show me that they had done it.

I recognized the many athletes, musicians, chess players, science clubbers, and artists who were representing their schools. But, I also recognized those who were contributing by helping at home, the church, with younger siblings, etc.

Just lots of very impressive young people who had managed to put incredible pain, suffering, and uncertainty largely behind them in an effort to succeed and fit in with an strange new environment. They just wanted a chance to live in relative safety and security and to be able to lead productive, meaningful lives, contributing to society. Pretty much the same things that most off us want for ourselves and our loved ones.

More often than not, with the help of talented, caring attorneys, many of them serving in a pro bono capacity, and kind, considerate Assistant Chief Counsel we were able to fit them into “the system” in a variety of ways. Not always, But, most of the time. Those who got to stay were always grateful, gracious, and appreciative.

Even those we had to turn away I hope left with something of value — perhaps an education — and the feeling that they had been treated fairly and with respect, that I had carefully listened and considered their claim to stay, and that I had explained, to the best of my ability, in understandable language, why I couldn’t help them. Being a U.S. Immigration Judge was not an easy job.

Overall, I felt very inspired when I could play a positive role in the lives of these fine young people. “Building America’s future, one life at a time, one case at a time,” as I used to say.

PWS

03/28/17

POLITICO: Trump Administration’s Xenophobic Immigration Policies Appear Out Of Line With Majority Of Americans!

http://www.politico.com/story/2017/03/poll-illegal-immigration-trump-236162

Louis Nelson reports in Politico:

“Six out of 10 Americans reached for a new poll released Friday by CNN said U.S. immigration policy should be geared towards aiding those who are employed and inside the country illegally with obtaining legal status, not deporting them as President Donald Trump has proposed.

Sixty percent of those polled said the top priority for the government when it comes to immigration should be “developing a plan to allow those in the U.S. illegally who have jobs to become legal residents.” Twenty-six percent said the U.S. should focus on a plan to stop more undocumented immigrants from crossing the border and 13 percent said the government’s priority should be deporting those who are already here.
Asked what should be done with undocumented immigrants who speak English, have jobs, are willing to pay back taxes and have been in the U.S. “for a number of years,” 90 percent of respondents said they would support legislation that allowed them to remain in the country and offered a path to U.S. citizenship. Support for such a policy had broad bipartisan support, backed by 96 percent of Democrats, 87 percent of Republicans and 89 percent of independents.”

Along the same line, in her Right Turn op-ed column in today’s Washington Post, Jennifer Rubin writes:

“In short, nothing was more central to Trump/Bannon than their ethno-nationalist fear-mongering, which played to the sense of alienation and displacement many white working-class Americans felt. The strategy was simple: Give them a scapegoat, rather than address complex problems. It’s a strategy employed for centuries by autocrats, bigots and charlatans. There is also nothing more un-American and violative of our historical and constitutional traditions. Let’s hope and pray Trump/Bannon have awoken a sleeping giant — the conscience of good and decent Americans.”

Here’s a link to Rubin’s full piece:

https://www.washingtonpost.com/blogs/right-turn/wp/2017/03/17/heres-why-trumps-pratfalls-on-immigration-keep-coming/?hpid=hp_no-name_opinion-card-f:homepage/story&utm_term=.78dd6e6f503d

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

PWS

03/17/16

GIBSON DUNN PUBLIC COUNSEL: Chief U.S. Magistrate Judge Recommends That USDC, WD WA Maintain Habeas Jurisdiction Over Detained Dreamer’s Case

From: Manny Rivera <mrivera@wearerally.com>
Date: Tue, Mar 14, 2017 at 2:30 PM
Subject: BREAKING: Federal Court Finds Jurisdiction to Hear DREAMer Case
To: Manny Rivera <mrivera@wearerally.com>
image004.png
image005.png
image006.png

FOR IMMEDIATE RELEASE

March 14, 2017

Media Contact:

Manny Rivera, mrivera@wearerally.com, (323) 892-2080

FEDERAL COURT FINDS JURISDICTION TO HEAR CONSTITUTIONAL CLAIMS BROUGHT BY DREAMER DANIEL RAMIREZ MEDINA

Magistrate Judge James P. Donohue Recommends Court Hear Arguments on the Constitutionality of Mr. Ramirez’s Arrest and Detention; Denies Petitioner’s Motion for Immediate Conditional Release

Government’s Attempt to Throw Out Petitioner’s Claims Dismissed by the Court

MEDIA ALERT: Press Teleconference Call with Mr. Ramirez’s Legal Team Scheduled for TODAY at 3:30pm Pacific/6:30pm Eastern

Dial-In: (855) 557-3561

Conference ID: 89214839

SEATTLE, Wash. March 14, 2017 — Chief U.S. Magistrate Judge James P. Donohue today issued a recommendation denying the Government’s Motion to Dismiss, specifically acknowledging federal district court jurisdiction in the habeas petition filed by Daniel Ramirez Medina. Because of uncertainty of the impact of DACA, the court did not order the immediate release of Mr. Ramirez, the DACA beneficiary unconstitutionally detained by Immigration and Customs Enforcement (“ICE”) in Seattle for more than a month, but deferred ruling on the merits of whether he should be released while the merits of the habeas petition is being adjudicated. Mr. Ramirez’s release, called for by immigration advocates, community leaders and Members of Congress from throughout the country, was requested by Mr. Ramirez pending the final determination of the merits challenging his unconstitutional detention. Counsel for the petitioner believes that DACA supports his immediate release.

“We are pleased that the court rejected the government’s effort to evade judicial review,” said Theodore J. Boutrous, Jr., a partner at Gibson, Dunn & Crutcher, and a member of Mr. Ramirez’s legal team. “This is an important ruling because one of the core purposes of habeas corpus is to ensure judicial review of executive detentions and hold the executive branch accountable.”

“But at the same time, Daniel has been wrongfully detained for too long,” added Mr. Boutrous. “We plan to immediately file an objection to the magistrate judge’s denial of our motion seeking immediate conditional release. The government itself has already determined that he represents no threat to public safety or national security. Dreamers like Daniel who have followed the rules and kept their part of the DACA promise deserve to have their rights recognized and vindicated by the court. This is especially true where, as here, the government has failed to keep its promise, and has provided no independent evidence to support its baseless claims.”

In his findings, Judge Donohue noted:

“The Ninth Circuit has not yet decided whether a district court has the authority to conditionally release a habeas petitioner pending a decision on the merits of the petition. United States v. McCandless, 841 F.3d 819, 822 (9th Cir. 2016), pet. for cert. filed (Feb. 16, 2016) (citing In re Roe, 257 F.3d 1077, 1080 (9th Cir. 2001) (per curiam)). Authority from other circuits strongly supports the conclusion that this Court may exercise such authority in the appropriate circumstances.”

The Court also recommended that because Mr. Ramirez remains in custody, and because there are nearly 800,000 DACA beneficiaries who are interested in the outcome of these proceedings, that the merits phase of the case be treated on an expedited schedule.

The case could have broader implications on other DACA beneficiaries, as the lawsuit calls on the court to issue a declaratory judgement that Mr. Ramirez and other Dreamers have constitutionally-protected interests in their status conferred under the Deferred Action for Childhood Arrivals (“DACA”) program.

“Our objective all along has been to end this DREAMer’s nightmare so that Daniel Ramirez may return to his family and his three-year-old citizen child,” said Mark Rosenbaum, director of Opportunity Under Law at Public Counsel, and a member of Mr. Ramirez’s legal team. “While the court today has taken one step towards justice, the government’s attempts to delay justice for this young man who has been detained now for over a month and never been charged with any crime sends an unmistakable message that the word of executive branch cannot be trusted, that it can ‘play bait and switch’ with the life of a DACA recipient.”

Mr. Ramirez was brought to this country as a child and knows no home but the United States. He gave the government sensitive personal information, paid a substantial fee, and voluntarily subjected himself to rigorous background checks—twice—as part of the DACA program, most recently in May 2016. He has no criminal history and has not been charged with any unlawful conduct. Despite this, he was arbitrarily arrested without a warrant or probable cause. The U.S. Government has had more than a month to submit any evidence of wrongdoing or criminal activity, yet no evidence has been presented because no evidence exists.

“Daniel has been in detention for more than a month without ever being charged with a crime, and to this day the government has shown us no evidence that he has done anything wrong” said Ethan Dettmer, a partner at Gibson, Dunn & Crutcher, and a member of Mr. Ramirez’s legal team. “No one should be treated that way, and it is unconstitutional. We are arguing the merits of this case in federal court.”

At a hearing in Seattle last Wednesday, counsel for Mr. Ramirez presented oral arguments on why federal court is the only appropriate venue to hear and decide the habeas petition challenging the constitutionality of his arrest and extended detention. In his decision, Judge Donohue agreed with the Petitioner’s arguments that federal court has jurisdiction over this case because of the critical constitutional issues at stake.

Mr. Ramirez has now been subjected to unconstitutional detention for 32 days without being charged with a crime and with no evidence presented to justify his continued detention.

Petitioners will file a written objection to the Magistrate Judge’s Report and Recommendation by no later than March 28, 2017.

A national press teleconference call with members of Mr. Ramirez’s legal team is scheduled for 3:30pm Pacific/6:30pm Eastern. Counsel will be available during this call to discuss today’s decision and answer questions from members of the media. To view the court’s Report and Recommendation, click here.

Press Teleconference with Counsel for Daniel Ramirez Medina—Dial-In Information:

Dial-In: (855) 557-3561

Conference ID: 89214839

###

Public Counsel is the nation’s largest pro bono law firm. Founded in 1970, Public Counsel strives to achieve three main goals: protect the legal rights of disadvantaged children; represent immigrants who have been the victims of torture, persecution, domestic violence, trafficking, and other crimes; and foster economic justice by providing individuals and institutions in underserved communities with access to quality legal representation. Through a pro bono model that leverages the talents and dedication of thousands of attorney and law student volunteers, along with an in-house staff of more than 75 attorneys and social workers, Public Counsel annually assists more than 30,000 families, children, immigrants, veterans, and nonprofit organizations and addresses systemic poverty and civil rights issues through impact litigation and policy advocacy. For more information, visit www.publiccounsel.org.

Gibson, Dunn & Crutcher LLP is a leading international law firm. Consistently ranking among the world’s top law firms in industry surveys and major publications, Gibson Dunn is distinctively positioned in today’s global marketplace with more than 1,200 lawyers and 20 offices, including Beijing, Brussels, Century City, Dallas, Denver, Dubai, Frankfurt, Hong Kong, Houston, London, Los Angeles, Munich, New York, Orange County, Palo Alto, Paris, San Francisco, São Paulo, Singapore, and Washington, D.C. For more information on Gibson Dunn, please visit our Web site.

Barrera Legal Group focuses on complex immigration issues ranging from family reunification, removal defense and unlawful detention. Barrera legal has represented clients all over the US and in several different countries and maintains committed to represent the immigrant community.

MANNY RIVERA // RALLY

o
c

323-892-2080
626-864-7467

6565 Sunset Blvd. Suite 400
Los Angeles, CA 90028

www.WeAreRALLY.comU.S.

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

Thanks to Pilar Marrero of La Opinion for sending this in!

PWS

03/14/17

Raul Reyes On CNN: Trump’s “Softening” On Immigration A “Cruel Hoax” — “The Most Anti-Immigrant President In Modern History”

http://www.cnn.com/2017/03/01/opinions/trump-bait-and-switch-on-immigration-reyes/index.html

“Then came Trump’s address before Congress, and his true intentions were revealed. His talk of immigration reform, we now know, was just that: Talk. At best, his earlier statements about immigration reform were a publicity stunt designed to gin up interest (and ratings, which Trump is obsessed with) in his speech. At worst, this bait-and-switch was a cruel hoax perpetrated on millions of undocumented people who might have briefly hoped for a reprieve from possible deportation.
In fact, Trump’s speech offered little meaningful policy on immigration, beyond conflating immigrants with crime and misrepresenting key facts underlying illegal immigration. Tellingly, there was no mention of offering legalization to anyone.

. . . .

Yes, such reform is possible, but it is unlikely Trump will expend any political capital making it happen. He was elected by a base that is fervently opposed to anything resembling “amnesty.” He has surrounded himself with advisers like white nationalist champion Steve Bannon, the xenophobic Stephen Miller, and Attorney General Jeff Sessions, who wants curbs on legal immigration.”

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

PWS

03/02/17

Shocker — Is Trump’s Immigration Policy About To Take a More Pragmatic Turn? — Proposal For Reform Legislation Allowing Many To Stay In The Offing?

https://www.nytimes.com/2017/02/28/us/politics/trump-address-congress.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=a-lede-package-region&region=top-news&WT.nav=top-news

JULIE HIRSCHFELD DAVIS, MICHAEL D. SHEAR and PETER BAKER report in the NY Times:

“WASHINGTON — President Trump, signaling a potential major shift in policy, told news anchors on Tuesday that he is open to a broad immigration overhaul that would grant legal status to millions of undocumented immigrants who have not committed serious crimes.

“The time is right for an immigration bill as long as there is compromise on both sides,” the president told the TV anchors at the White House, according to people present during the discussion. The people requested anonymity because they were not authorized to speak about the private meeting.

The idea is a sharp break from the broad crackdown on undocumented immigrants that Mr. Trump has taken in his first weeks in office and the hardline positions embraced by his core supporters that helped sweep him into the White House. The president hinted at the reversal just hours before he was to deliver his first address to Congress, although it was not clear whether he would mention it in his speech.
A move toward a comprehensive immigration overhaul would be a dramatic turnaround for the president, whose campaign rallies rang with shouts of “build the wall!” on the Mexican border and who signed an executive order last month directing the deportation of any undocumented immigrant who has committed a crime — whether or not they have been charged — or falsified any document. The standard could apply to virtually any one of the estimated 11 million people in the country illegally.”

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

This report was published before the President’s speech to Congress tonight. We might, or might not, get more details in the speech.

Reaching a compromise on immigration would be “smart governing” by the Administration. It would push most of the responsibility for formulating sound immigration policy back where it belongs — Congress. Additionally, reform that allows those undocumented individuals with good records to remain in the United States could potentially clear much of the backlog of the overwhelmed U.S. Immigration Courts, thereby clearing the way for the Administration to work on its “criminal priorities” and for the Immigration Courts to concentrate on providing full due process to those placed in the removal process.

PWS

02/28/17

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

Update from the Washington Post:

“He also pressed his policies on immigration, including his controversial proposal to build a wall along the U.S.-Mexico border.

“We want all Americans to succeed —- but that can’t happen in an environment of lawless chaos. We must restore integrity and the rule of law at our borders,” said Trump. “For that reason, we will soon begin the construction of a great wall along our southern border. It will be started ahead of schedule and, when finished, it will be a very effective weapon against drugs and crime.”

Trump challenged members of Congress who disagree with him: “I would ask you this question: what would you say to the American family that loses their jobs, their income, or a loved one, because America refused to uphold its laws and defend its borders?”

He did call for Republicans and Democrats to work toward reforming the immigration system into a merit-based program focused on the “well-being of American citizens.”

Trump argued that the country’s current focus on low-skilled immigration hurts American workers and strains the country’s finances.

The comments come hours after Trump said in a meeting with journalists that he would support comprehensive immigration reform efforts with a pathway to legalization for law abiding immigrants.
At his remarks before Congress, Trump did not specify the parameters of a compromise he would be willing to accept. But he outlined a preference for a system that favors immigrants who are able to support themselves financially.

“I believe that real and positive immigration reform is possible, as long as we focus on the following goals: to improve jobs and wages for Americans, to strengthen our nation’s security, and to restore respect for our laws,” Trump said.”

Here’s the complete Post article:

https://www.washingtonpost.com/powerpost/trump-prepares-to-address-a-divided-audience-the-republican-congress/2017/02/28/183138ce-fced-11e6-8ebe-6e0dbe4f2bca_story.html?hpid=hp_rhp-top-table-main_trumpcongress-desktop%3Ahomepage%2Fstory&utm_term=.cfbf50575bef

PWS

02/28/17

President Trump Takes Very Nuanced Approach To DACA Retention — See The Video Clip From CNN

http://www.cnn.com/2017/02/21/politics/dhs-immigration-guidance-detentions/index.html

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

In the above video clip, President Trump takes a (perhaps surprisingly) very nuanced approach to the DACA kids. He realizes that most of them are wonderful and will do great things for America. He also sees the parallel with his own children and grandchildren.

I was encouraged that he appears to be listening to his own “better angels” here, rather than just to some of the “immigration hard-liners” surrounding him at the White House. And, he very correctly points out that one of the things he must do is sell his solution to Congress, including many members of his own party who might be skeptics.

Don’t know how this eventually will play out. But, overall, this shows a reflective side of the President that we don’t often see showcased or tweeted. Well worth the couple of minutes it takes to view.

PWS

02/21/17

Michele Waslin, Immigration Impact: Trump Administration Ditches “Common Sense Priorities” In Adopting a Max Enforcement Program!

http://immigrationimpact.com/2017/02/15/trump-immigration-enforcement-policies/

“The Trump administration is quickly unraveling the last administration’s efforts to prioritize those for deportation who pose a serious threat over those who don’t. The new administration is ignoring priorities that were put into place by the Obama Administration as a way to manage limited law enforcement resources. The priorities recognized that there is a finite budget available for immigration enforcement, thus making prioritization important. The approach now being pursued by the Trump Administration casts a wide net and will result in an aggressive and unforgiving approach to immigration enforcement moving forward.

The most significant indications of this shift came through the “Enhancing Public Safety in the Interior of the U.S.” executive order, issued January 25, 2017, which prioritizes for deportation those noncitizens who:

Have been convicted of any criminal offense;
Have been charged with any criminal offense;
Have committed acts that constitute a chargeable criminal offense;
Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a government agency;
Have abused any program related to the receipt of public benefits;
Are subject to a final order of removal but have not departed;
Otherwise pose a risk to public safety or national security.
In addition, unauthorized immigrants with no criminal history will likely fit under the third bullet because entering without inspection is a chargeable criminal offense (illegal entry or re-entry). And since the executive order states that many immigrants without immigration status or who overstayed their visas are a risk to public safety and national security, it appears the final bullet is a catch-all category for many others. In other words, the president has “prioritized” everyone, which means in reality he’s prioritized no one, making everyone a target for enforcement. Furthermore, legal immigrants—even green card holders–who are convicted of aggravated felonies or crimes of moral turpitude could also be subject to deportation.

Yet despite the more aggressive approach, it is still unclear from where the resources to identify, arrest, detain, and deport all of these individuals will come. For example, the U.S. is already over-capacity in detention, and immigration courts are seriously backlogged.

In the past, the government has stated that budget realities make it impossible to remove everyone who is in the country without authorization or who is otherwise deportable. This meant the agency had to set priorities and focus on a subset of deportable immigrants.

The Obama administration released a series of memos designed to prioritize those who pose a threat to public safety and national security and other categories of individuals.”

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

The Obama Administration made a total mess out of the already stressed U.S. Immigration Court dockets by unwisely and unnecessarily “prioritizing” cases of recently arrived unaccompanied children, women, and families fleeing violence and corruption in the Northern Triangle.

Nevertheless, thorough programs such as DACA, stateside processing, closing cases with possible relief pending before USCIS, and frequent wise use of prosecutorial discretion (“PD”) in “clean” cases with difficult legal issues but strong humanitarian factors, the Obama Administration was the first Administration I have seen make progress on developing a system that could eventually have helped “rationalize” Immigration Court dockets. If freed from politicized and unrealistic “priorities” from above, this eventually could have allowed the courts to focus on cases that really needed to be litigated, as is the case with almost all other high-volume court systems.

By contrast, the Trump Administration seems intent on “torquing” the Immigration Court system until it breaks apart. Even the Obama Administration used an overly broad concept of “criminal alien.” They included too many individuals who, while technically removable under the law, were doing useful things in the community and presented no real threat to the safety or security of the U.S.

Certainly the Trump Administration could have focused on those whose removals should be prioritized by “fine tuning” the Obama enforcement priorities. Instead, they have embarked on an expensive and ill-planned “mission impossible” to make everybody a priority (and, hence, nobody a priority) without any regard to the capacity or the best uses of court time and resources within our judicial system.

Additionally, the Trump Administration seems to be going out of its way to “disempower” those who are closest to the problem and are actually in the best position to determine which cases should be prosecuted: the local Offices of Chief Counsel of the DHS (the “immigration equivalent” of the U.S. Attorney). In Arlington, the Office of Chief Counsel was well-respected by all and had an excellent grasp of how to make the justice system work for all involved. Their main problem, like that of the Immigration Courts, was unrealistic priorities and directives imposed on them by political officials “up the chain.”

Sadly, the Trump Administration seems determined not to build on those things that have been successful in the past and instead to embark on a new “blunderbuss” approach to immigration enforcement that is almost guaranteed to get tied up with both legal challenges and practical impossibilities.

PWS

02/19/17

BREAKING: WashPost: DHS Memos Detail Ramped Up Enforcement — Key Provisions: 15,000 More Agents, More Detention, Expanded Expedited Removal, Return To Mexico Pending Hearings, Target U.S. Parents Of Smuggled Kids, More Use Of Locals To Enforce Immigration Laws, PD Restricted, More IJ Televideo To Border, More Scrutiny of Credible Fear — Border Patrol Union Happy — DACA Remains (For Now) — David Nakamura Reports — Read Memos Here!

https://www.washingtonpost.com/politics/memos-signed-by-dhs-secretary-describe-sweeping-new-guidelines-for-deporting-illegal-immigrants/2017/02/18/7538c072-f62c-11e6-8d72-263470bf0401_story.html?hpid=hp_rhp-top-table-main_dhs815pm%3Ahomepage%2Fstory&utm_term=.bcdb7a1851e0

“Homeland Security Secretary John F. Kelly has signed sweeping new guidelines that empower federal authorities to more aggressively detain and deport illegal immigrants inside the United States and at the border.

In a pair of memos, Kelly offered more detail on plans for the agency to hire thousands of additional enforcement agents, expand the pool of immigrants who are prioritized for removal, speed up deportation hearings and enlist local law enforcement to help make arrests.

The new directives would supersede nearly all of those issued under previous administrations, Kelly said, including measures from President Barack Obama aimed at focusing deportations exclusively on hardened criminals and those with terrorist ties.

. . . .

The memos don’t overturn one important directive from the Obama administration: a program called Deferred Action for Childhood Arrivals that has provided work permits to more than 750,000 immigrants who came to the country illegally as children.”

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

Here are the two memos signed by Secretary Kelly (thanks to Professor Alberto Benitez):

http://www.mcclatchydc.com/news/politics-government/white-house/article133607784.ece/BINARY/DHS%20enforcement%20of%20immigration%20laws

http://www.mcclatchydc.com/news/politics-government/white-house/article133607789.ece/BINARY/DHS implementation border security policies

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

Looks like everything is a “priority,” almost everyone will be detained, and DHS Assistant Chief Counsel won’t be offering PD or other negotiated “deals” except in extraordinary situations.

It’s not even clear from this whether the ACCs will still have authority to “waive appeal” in cases where the DHS loses. If not, that means that the BIA could also be overwhelmed with marginal DHS appeals.

While one of the memos notes the 534,000 Immigration Court backlog, there is a total disconnect in putting all these new priorities into Immigration Court without any plan for dealing with the 534,000 already there. (Most folks already here arrived at least two years ago, so even the greater use of expedited removal will leave hundreds of thousands of potential new filings for the Immigration Courts.)

When everything is a priority, nothing is a priority! Looks to me like another ill-conceived, “built to fail,” scheme. Over time, these plans are likely to be taken apart by the Article III Courts, bit by bit, piece by piece, until we have total chaos in the immigration enforcement system. Haste makes waste.

PWS

02/18/17

“Duh” ARTICLE OF THE WEEK: Guess What? Immigration Policy Is Complex And Difficult — The President Should Seek Some Decent Advice!

https://www.washingtonpost.com/politics/trumps-hardline-immigration-rhetoric-runs-into-obstacles–including-trump/2017/02/17/37ba2218-f537-11e6-b9c9-e83fce42fb61_story.html?hpid=hp_rhp-top-table-main_trumpimmigration-8pm%3Ahomepage%2Fstory&utm_term=.f7b4a8ac9f52

David Nakamura reports in the Washington Post:

“The Trump administration’s attempts to translate the president’s hard-line campaign rhetoric on immigration into reality have run into two major roadblocks: the complexity of reshaping a sprawling immigration system and a president who has not been clear about how he wants to change it.

In his first four weeks in office, President Trump has sought to use his executive powers to punch through Washington’s legislative and bureaucratic hurdles and make quick progress on pledges to crack down on illegal immigrants and tighten border control.

But Trump has been vague about his goals and how to achieve them and his aides have struggled to interpret his orders.

The resulting turmoil has included a successful legal challenge halting his immigration travel ban, fears among congressional Republicans over the White House’s more extreme measures and widespread anxiety among immigrant communities across the country.

The latest flash point erupted Friday over reports that the Department of Homeland Security was considering mobilizing 100,000 National Guard troops to help round up millions of unauthorized immigrants in 11 states, including some such as Colorado and Oregon far from the southern border.

President Trump said at a press conference Thursday that deciding the fate of illegal immigrants brought to the U.S. as children is “one of the most difficult subjects I have.” (Jabin Botsford/The Washington Post)”

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

It’s not difficult for anyone who understands the complex field of immigration to see that when you surround yourself with tone-deaf advisors like Jeff Sessions, Steve Bannon, Stephen Miller, Kris Kobach, and Rep. Steve King your immigration policies are headed straight onto the rocks, where they likely will remain aground for the rest of the Administration.

So, you’re President Donald Trump. You want to make an impact in immigration, and also have everybody love what you’re doing to “make America great.”

Then, why not sit down with some Republicans who have thought carefully about the issue, like, for example: House Speaker Paul Ryan, Senator John McCain, Senator Lindsey Graham, Senator Jeff Flake, Congresswoman Illeana Ros-Lehtinen, Senator Marco Rubio, the Koch Brothers, former U.S. Solicitor General Ted Olson, and Ohio Governor John Kasich? Also, it would be a good idea to reach across the aisle and speak with folks like Senate Minority Leader Chuck Schumer, Senator Dick Durban, Senator Bernie Sanders, House Minority Leader Nancy Pelosi, and Representative Henry Cuellar who have worked thoughtfully on immigration issues. And, why not invite DHS Secretary John Kelly, Secretary of State Rex Tillerson, Defense Secretary James Mattis, Labor Secretary Alex Acosta (assuming confirmation), and, of course, Vice President Mike Pence to the table too?

Think about how refugees, legal immigrants, and those who are already here and in our workforce can be melded in the best way possible to tap America’s full potential, create meaningful opportunities for all Americans, increase productivity and innovation, and combat the looming problem of future labor shortages. Also, consider how a more realistic, expanded legal immigration system could be a critical tool for discouraging illegal migration, maintaining control of our borders, and insuring national security without over-investing in the (usually ineffective and always expensive) quasi-militarization of our borders.

As one of my colleagues used to tell me when I got going too fast, “Relax, it’s a marathon not a sprint.” There is still plenty of time for President Trump to get the immigration issue right for America. But, it’s not going to happen unless he expands his circle of advisers to include those with a more positive and realistic view of immigration’s essential role in making America great.

PWS

02/17/17

Reuters Exclusive Report — Dreamer Arrested By ICE In Seattle — Mistake Or New Policy?

http://www.reuters.com/article/us-usa-trump-immigration-arrest-exclusiv-idUSKBN15T307

Daniel Levine and Kristina Cooke of Reuters San Francisco break this exclusive story:

“U.S. authorities have arrested an immigrant from Mexico who was brought to the United States illegally as a child and later given a work permit during the Obama administration in what could be the first detention of its kind under President Donald Trump.

Daniel Ramirez Medina, a 23-year-old with no criminal record, was taken into custody last week at his father’s home in Seattle by U.S. Immigration and Customs Enforcement officers. The officers arrived at the home to arrest the man’s father, though court documents did no make clear the reason the father was taken into custody.

Ramirez, now in custody in Tacoma, Washington, was granted temporary permission to live and work legally in the United States under a program called the Deferred Action for Childhood Arrivals, or DACA, established in 2012 by Democratic President Obama, according to a court filing.”

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

As far as I know, the Administration has not made a final decision on whether or not to revoke, retain, or modify the Obama Administration’s DACA program. But, given the sloppiness with which this Administration has proceeded on immigration matters, who knows?

In any event, great reporting by Daniel and Kristina, and I appreciate their forwarding this to me.

PWS

02/14/17

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

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts:

Related posts: