Executive Order – Page 157 – immigrationcourtside.com

Refugees Make America Great, And Make Each Of Us Better Human Beings — A Dissenting View From Trump Policies

http://www.cnn.com/2017/01/26/opinions/lets-help-syrian-refugees-warmflash-opinion/index.html

“Having worked firsthand with refugees in my community, I think Donald Trump has it wrong – they love America,” Ora Warmflash writes on CNN:

“President Trump has said his refugee ban is necessary to protect our country, and his executive order reads, “We must ensure that those admitted to this country do not bear hostile attitudes toward our country and its founding principles.”
In addition to suspending the admission of refugees, he wants to cut in half the total number who could be admitted.
It’s easy to get lost in the global scope of the refugee crisis and the tough language of our new President’s insistence that we need tighter vetting. It’s too easy to forget the human reality of what it’s like to be — or to welcome — a family seeking solace and a new life.
One thing I know is this family is so grateful to be here. When my husband met them for the first time, just a few days after they arrived here, he asked them how they are adjusting. “We love America,” they said. Whenever we see them, every meeting starts and ends with kisses on each cheek and the words “thank you.”

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PWS

01/26/17

Arlington Immigration Court “Chatter” — Local Immigration Attorney Says “New Sheriff In Town” — The End of “PD”

From today’s e-mail “chatter:”

“For all those who said ‘he doesn’t mean what he says’ or ‘it will not be that bad’ that is now officially bullshit. As of this afternoon all DHS Office of Chief Counsel prosecutors have been instructed not to exercise prosecutorial discretion in removal cases. The most recent executive order from the White House lists as enforcement priorities for removal those who have been CHARGED with a criminal offense whether that offense is resolved or not. In immigration offices and courts throughout the US ‘there’s a new Sheriff in town’ is driving denials and deprivation of rights. We have closed our doors to refugees and now will embark on an interior campaign against immigrants. And it is day 6.”

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Sad, but predictable, based on yesterday’s Interior Enforcement Executive Order. While it lasted, prosecutorial discretion (“PD”) was one of the best and smartest policies ever applied by immigration prosecutors.

It was a “quadruple winner:” prosecutors got low priority cases off their overcrowded dockets; overtaxed Immigration Courts could concentrate on more important cases; respondents with equities, good records, who had lived productive lives, and paid taxes got (limited, but potentially life-saving) humanitarian relief that the courts could not offer; and communities, employers, and families in the United States got to retain individuals who were contributing to our country in large and small ways.

But, as I’ve indicated before, sometimes philosophical roadblocks (including bias and prejudice) blind folks to their own self interest. And, I’m NOT talking about the DHS Counsel here; their hands are tied and clearly nobody asked them before the politicos changed the policies. They are just the “messengers” for policies that they don’t necessarily endorse.

PWS

01/26/17

Grossman Law LLC Analyzes Impact Of Exec Orders On Migrants, Families!

Trump’s Executive Orders on Immigration
Yesterday, January 25, 2017, President Trump signed two Executive Orders on immigration, demonstrating that he will take a hard-line, no compromise, and enforcement only approach to handling our nation’s already broken immigration system. Through these Orders, the Trump Administration communicated the following priorities:
Border Wall: The Secretary of the Department of Homeland Security (DHS) must immediately begin planning, designing, and constructing a physical wall along the nearly 2000-mile southern border. The U.S. (not Mexico) will pay for this wall at an estimated price tag of $6.5 million per mile. This is an unconscionable expenditure at a time when statistics show that the southern border is more secure than ever and illegal border crossings are at a 40-year low!

Increased Detention of Asylum Seekers and immigrants at the southern border: DHS is authorized to hire an additional 5000 Border Patrol Agents and build new detention facilities. DHS will no longer release asylum seekers on bond or electronic monitoring; instead, asylum-seekers will remain in jail while their cases are pending, and will have to gather evidence, prepare legal arguments, and present their cases while in detention. Not only will this be expensive ($125 per adult per day, or in the case of family detention, $343 per person per day), but it is inhumane. An estimated 88% of Central American women, children, and families crossing the Southern border have valid asylum claims. Subjecting them to prolonged detention further traumatizes them and violates this country’s proud tradition of welcoming those fleeing persecution.

Revised Removal Priorities: DHS is authorized to hire up to 10,000 additional immigration officers who will prioritize for removal individuals convicted of any criminal offense whatsoever, no matter how minor or insignificant. They will also prioritize for removal individuals who have open charges pending against them, even if they have not been found guilty by a judge or jury, and individuals who have never been charged or convicted of a crime, but whom an immigration officer believes may have committed a criminal act or may otherwise pose a risk to public safety or national security. This vague and overbroad policy opens the door for rampant constitutional and civil rights violations. It also has the potential to expose both federal and deputized state and local agencies to frequent and protracted litigation.

Relatedly, the President has also Deputized State and Local Law Enforcement Officials to act as immigrant agents in apprehending, investigating, and detaining immigrants. Local jurisdictions currently have no legal obligation to assist with civil immigration enforcement, as immigration enforcement is the responsibility of the federal government alone. Forcing local police to act as immigration agents strains their already limited resources and reduces their ability to respond to and investigate crime. Importantly, this policy also deters immigrants who are victims of crime from coming forward and reporting criminal activity. By alienating our immigrant neighbors and over-taxing local police, this policy will make our communities even less safe.

Sanctuary Cities: President Trump pledges to end “sanctuary cities” (jurisdictions which protect the identity of non-criminal immigrant members of the community by refusing to share information about those individuals with federal immigration authorities). He has promised to end “sanctuary cities” by denying them Federal grants and funding. This move, too, jeopardizes the safety of all Americans. It undermines community policing efforts that encourage everyone to work with the police to prevent and solve crime. When immigrants distrust and fear local law enforcement, victims and key witnesses refuse to come forward out of fear of deportation.

Without a doubt, the impact of these directives will be substantial. Grossman Law is concerned that the President’s priorities skirt the long-established due process rights of all individuals, including immigrants, within our borders. Additionally, the attack on “sanctuary cities” will have the negative impact of further dividing our nation and the potential of increasing crime in our largest cities. Our nation’s history, prosperity and growth has been closely aligned with the prosperity and growth of immigrants. The executive orders, in large part, will work to destroy this proud history, and will have the consequence of instilling fear, rather than hope, into the hearts of deserving immigrants. This is “un-American” and misguided policy. Grossman Law will closely monitor the implementation of these Orders and will provide ongoing advice and counsel to our clients, and will continue organizing to ensure the protection of rights for all.

Grossman Law, LLC
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Bethesda, Maryland 20814
Phone: (240) 403-0913
Website: www.GrossmanLawLLC.com

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PWS

01/26/17

Sanctuary Wars: The Republic, And Its Cities, Strike Back!

Immigration beat reporter Beth Fertig of WNYC/NPR reports:

“There is no single definition of a sanctuary city, and policies vary tremendously across the country. But in New York City, immigration agents are not allowed in the jails. When immigrants without legal status are arrested, they can only be detained or turned over to federal agents for deportation if there’s a warrant and they’ve been convicted of a violent crime. A 2014 local law spells out nearly 170 different offenses that meet that definition. They include various forms of assault, arson and sex crimes.

Council Speaker Melissa Mark Viverito said these limits make sense.

“If you’re committing a nonviolent offense but you’re otherwise contributing positively to the city, why should you be torn apart from your family?”

Police Commissioner James O’Neill and Mayor Bill de Blasio joined the argument Wednesday, saying that immigrants will be less likely to cooperate with law enforcement if they’re afraid of deportation. “We build trust,” said O’Neill. “I wouldn’t want to do anything to put that at risk.”

Trump’s order changes enforcement priorities, too. In addition to aliens convicted of criminal offenses, the Department of Homeland security will also prioritize those who have been “charged with any criminal offense, where such charge has not been resolved.”

Avideh Moussavian, a policy attorney with the National Immigration Law Center, warned that this policy could lead to “gross infractions of due process protections.”

She said people could become enforcement priorities if “they have been merely charged with an offense, even if their charge is pending and turns out later to be dismissed.”

From a practical standpoint, it would be very difficult to deport more immigrants. The nation’s immigration courts have a tremendous backlog of cases. Judges who handle immigration cases estimate there are 75 vacancies among their ranks, and Trump has imposed a federal hiring freeze. However, the executive order means that the freeze on judges could be lifted in the name of national security.”

Read Beth’s complete article, including comments from Heather Mac Donald of the Manhattan Institute in favor of the President’s crackdown at:

http://www.wnyc.org/story/why-sanctuary-city-dispute-about-safety/

Mollie Reilly, Deputy Politics Editor, and her colleagues write on HuffPost:

“Independent of the ultimate legality of the executive order, politicians from those sanctuary cities say they aren’t budging, and legal advocacy groups are gearing up for the coming legal fight.
The president is “in for one hell of a fight,” California state Sen. Scott Weiner (D), who represents San Francisco, said in a statement.
Boston Mayor Marty Walsh (D) said his city “will not retreat one inch” from its policy against holding undocumented immigrants it otherwise would not hold based on requests from Immigration and Customs Enforcement, and Seattle Mayor Ed Murray said his city “will not be intimidated by the authoritarian message coming from this administration.” San Francisco Mayor Ed Lee (D) said “nothing has changed” in his city, noting the lack of specifics in Trump’s order.
“We are going to fight this, and cities and states around the country are going to fight this,” New York Mayor Bill de Blasio (D) said at a press conference Wednesday.
New York Attorney General Eric Schneiderman (D) already began hinting at a legal challenge, releasing a statement that Trump lacks the constitutional authority for his executive order and that he will do “everything in [his] power” to push back if the president does not rescind it.
Washington state Attorney General Bob Ferguson (D) also warned of potential legal challenges to come, saying in a statement that the order “raises significant legal issues that my office will be investigating closely to protect the constitutional and human rights of the people of our state.”
There’s no exact definition of “sanctuary city.” Places like San Francisco and New York use the term broadly to refer to their immigrant-friendly policies, but more generally the term is applied to cities and counties that do not reflexively honor all of Immigration and Customs Enforcement’s requests for cooperation. Many of these localities do work with ICE to detain and hand over immigrants suspected or convicted of serious crimes, but they often release low-priority immigrants requested by ICE if they have no other reason to hold them.
“The reason that many local law enforcement officers don’t honor detainers is because courts have said that they violate the Constitution, and if they violate the Constitution, the localities are on the hook financially,” said Cesar Cuauhtemoc Garcia Hernandez, a law professor at the University of Denver who teaches on the intersection of criminal law and immigration.
Just on Tuesday, a federal court in Rhode Island joined several others that have ruled in recent years that certain ICE detainers can violate people’s constitutional rights ― even those of U.S. citizens.
But Trump’s executive order seems to overlook this legal reality, and instead frames sanctuary cities with the alarmist rhetoric he used on the campaign trail.”

Read Mollie & co.’s complete report here:

http://www.huffingtonpost.com/entry/trump-sanctuary-cities_us_

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PWS

01/26/17

Fox News: Text Of President Trump’s Executive Order On Interior Enforcement!

http://www.foxnews.com/politics/2017/01/25/text-trump-executive-order-on-enhancing-public-safety-in-interior-united-states.html

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Wow! Incredibly broad! Probably easier to determine what isn’t a priority (offhand, I’d say something like “undocumented migrants already in the United States who have lived lives completely free from any run-ins with the law” — and, there are definitely quite a few of those) than what is!

Unlike the Border Enforcement Executive Order, which specifically requires detention of arriving migrants with very narrow, case-by-case, exceptions, this order does not specifically direct immigration officials to detain all interior removal “priorities.” But, it certainly is implicit in the President’s Order that all of the stated removal priorities “present a significant threat to national security and public safety.” That’s probably going to result in at least a de facto “presumption of detention” in all priority cases. And, regulations, precedents, or other directives from the Secretary of Homeland Security and the Attorney General could specifically establish such a presumption.

So, everyone arriving at the border without documentation is a priority and will be thrown in detention. And, everyone in the interior who is undocumented and has ever been arrested, charged, or committed any crime, no matter how minor, and regardless of whether convicted, will also be prioritized, and most of them will be thrown in detention.

Consequently, almost everybody in Immigration Court will be a “Detained Priority” or an “Enforcement Priority” of some type. That’s going to mean yet another massive re-shuffling of dockets.

And, since almost everyone will be detained, there will be even more excruciating pressure on already stressed and overwhelmed U.S. Immigration Judges to “move” these cases, without much regard to due process, because detention will be costing a fortune (and the Supremes well might place a limit on the duration of “pre-hearing” detention).

In that case, why would anybody interested in being a “real” judge who isn’t already in the system and not eligible to retire, want the Immigration Judge’s job? Yes, I’m sure that there will be many lawyers out there who need jobs and will apply. But, they are likely to be those who see being a “judge” in the Executive Branch under such circumstances as a law enforcement position, rather than a chance to be an impartial “umpire,” scholar, or dispenser of balanced and deliberative due process.

Perhaps, the initiative will be a huge enforcement success; the Article III Courts will sign on and basically dispense with any semblance of “normal” due process for migrants, thus allowing them essentially to be railroaded out of the U.S. Obviously, that’s what the Administration is counting on.

Alternatively, however, the Article III Courts might “dig in” and insist on scrupulously fair hearings, thereby essentially grinding all enforcement to a halt and forcing massive “re-dos” of already “expedited” and “prioritized” cases. In that event, the initiative will turn out to be a colossal and incredibly expensive failure.

I suspect that the Supremes will have to sort this out in the fairly near future. In the past, a Supreme Court with the late Justice Antonin Scalia sitting frequently vindicated the rights of migrants against attempted Government overreaching by Administrations of both parties. So, it’s by no means a “given” that a Supreme Court with a disciple of Justice Scalia as the new Justice would necessarily endorse all aspects of the President’s enforcement initiatives. We’ll just have to wait and see.

And, surprisingly, particularly to those who think that this is a “great” idea, the answer may affect the due process rights of more than just migrants. You never know when you yourself might be in need of a little due process. It often happens to those who least expect it.

Meanwhile, “back at the ranch,” not only is it a great time not to be a refugee, but it’s a really great time to be retired from the USG (and, the U.S. Immigration Court, in particular).

PWS

01/25/17

Vox Reports More Harsh Executive Actions On Migration May Be In The Offing!

http://www.vox.com/policy-and-politics/2017/1/25/14390106/leaked-drafts-trump-immigrants-executive-order

“On Tuesday, Vox was given six documents that purported to be draft executive orders under consideration by the Trump administration. The source noted that “all of these documents are still going through formal review” in the Executive Office of the President and “have not yet been cleared by [the Department of Justice or the Office of Legal Counsel].”

We were not, at the time, able to verify the authenticity of the documents and did not feel it would be reasonable to publish or report on them.

But on Wednesday afternoon, Trump signed two executive orders on immigration that word-for-word matched the drafts we’d received. Given that our source had early access to two documents that were proven accurate, and that all the orders closely align with Trump’s stated policies on the campaign trail, we are reporting on the remaining four.

The source cautioned that “there are substantive comments on several of these drafts from multiple elements of NSC staff” and “if previous processes remain the norm, there [are] likely to be some substantive revisions.” It is possible these orders will emerge with substantial changes, or even be scrapped altogether.

We sent the White House PDFs of the documents and left voicemails with aides, but did not receive a response.

The two orders released today by the Trump administration, and delivered yesterday by our source, start the process of building President Trump’s famous “wall,” and make it easier for immigration agents to arrest, detain, and deport unauthorized immigrants at the border and in the US. Those policies are explained in detail here.

The four remaining draft orders obtained by Vox focus on immigration, terrorism, and refugee policy. They wouldn’t ban all Muslim immigration to the US, breaking a Trump promise from early in his campaign, but they would temporarily ban entries from seven majority-Muslim countries and bar all refugees from coming to the US for several months. They would make it harder for immigrants to come to the US to work, make it easier to deport them if they use public services, and put an end to the Obama administration program that protected young “DREAMer” immigrants from deportation.

In all, the combined documents would represent one of the harshest crackdowns on immigrants — both those here and those who want to come here — in memory.”

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See the full Vox story at the link for details on each of the “draft” orders.

PWS

01/25/17

Instant Analysis Of Trump’s Border Orders by Raphael Bernal & Mike Lillis (Not N. Rappaport As I Erroneously Posted Earlier) In The Hill!

http://thehill.com/homenews/administration/316101-trump-orders-work-to-begin-on-border-wall

Raphael Bernal and Mike Lillis write in The Hill:

“President Trump on Wednesday signed two executive orders on immigration, including one that directs federal agencies to begin construction of a wall on the border with Mexico, his signature campaign promise.

Trump signed the actions during a visit to the Department of Homeland Security (DHS) as his aides met in the White House with two top Mexican cabinet officials.

“A nation without borders is not a nation,” Trump said during a speech at DHS headquarters. “Beginning today, the United States of America gets back control of its borders.”

The president said his directive “will save thousands of lives, millions of jobs, and billions and billions of dollars.”

One of the orders signed by Trump calls for the construction of “a large physical barrier on the southern border,” according to White House press secretary Sean Spicer.

The other order deals with immigration enforcement and ends the “catch and release” policy that quickly returned border crossers back to Mexico instead of arresting and processing them for deportation. The policy was a fixture of the Bush administration and was later reinstated on an informal basis by former President Barack Obama.

“Federal agents are going to unapologetically enforce the law, no ifs, ands or buts,” Spicer said.

The immigration actions also seek to withhold visas from countries to make sure they take back people in the U.S. illegally who are found to have broken U.S. laws. It would also strip federal grants from “sanctuary” cities and states that do not enforce federal immigration laws.

“We’re going to strip federal grant money from the sanctuary states and cities that harbor illegal immigrants,” Spicer said.”

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My apologies to Raphael, Mike, and Nolan for botching the byline in the original posting. The “talk” is over; we’re into the “action” phase.

PWS

01/25/17

Trump Signs Border Orders, Promises To Restore Control!

https://www.washingtonpost.com/politics/trump-pledges-to-start-work-on-border-wall-within-months/2017/01/25/dddae6ee-e31e-11e6-ba11-63c4b4fb5a63_story.html?hpid=hp_rhp-top-table-main_immigration-2pm%3Ahomepage%2Fstory&utm_term=.a28fc29fd921

Breaking news from today’s Washington Post:

“President Trump signed a pair of executive actions Wednesday to begin ramping up immigration enforcement, including a new border wall with Mexico, vowing that construction on his chief campaign pledge would begin in months.

In an appearance at the Department of Homeland Security, Trump kicked off the rollout of a series of directives aimed at clamping down on the estimated 11 million immigrants living illegally in the United States. Aides said more directives could come later this week, including new restrictions on refugees and immigrants from Muslim-majority countries.

The presidential directives signed Wednesday aim to create more detention centers, add more federal border control agents and withhold federal funds to cities that do not comply with federal immigration laws, Trump aides said.

“We are going to restore the rule of law in the United States,” Trump said, addressing DHS employees after signing the orders. “Beginning today the United State gets control of its borders.”

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Toward the end of the story, there might be good news for at least some so-called “Dreamers.” Press Secretary Sean Spicer said that President Trump recognized the humanitarian issues at stake here and was developing his solution.

PWS

01/25/17

More On Trump’s Refugee, Muslim Restrictions

http://www.huffingtonpost.com/entry/trump-muslim-ban-refugees_us_58877244e4b096b4a2349927?ioficaiiz1xn06yldi&

The Huffington Post writes:

“Although it reflects anti-refugee sentiment spreading worldwide, the draft of Trump’s order represents a dramatic upending of current U.S. policy toward some of the globe’s most unstable regions. It will inevitably face opposition from human rights groups, civil liberties organizations, Democrats and even members of the Christian right, who have encouraged a sympathetic approach to the refugee crisis.

The civil war in Syria, now in it’s sixth year, has left 4.8 million Syrians as refugees, according to the United Nations High Commissioner for Refugees. Since the war began in 2011, the U.S. has admitted only about 18,000 refugees from Syria, due in part to a lengthy vetting process that typically takes from 18 to 24 months. But as the humanitarian crisis in Syria worsened, former President Barack Obama pushed for an increase in admissions. During the last fiscal year, the U.S. accepted over 10,000 Syrian refugees.

Despite the low number of admissions and the intensive, multi-agency screening process, resettling Syrian refugees in the U.S. has become a controversial issue. In response to Obama’s push to welcome more people from the country, more than half of U.S. governors ― all but one of them Republicans ― attempted to block Syrian refugees from resettling in their states.

Throughout the presidential race, Trump seized on the growing national opposition to refugee resettlement. He first proposed banning Muslims from entering the U.S. in December 2015, following the mass shooting in San Bernardino, California. Though his specifics varied over the year that followed, Trump continued to promise to heavily restrict immigration from countries with Muslim-majority populations.

The draft executive order gives religious minorities priority in refugee admissions ― which may mean that Christians in most countries in the Middle East will be favored over Muslims.

The executive order is expected to include a list of acts that would disqualify an individual from entering the U.S., two sources briefed on the language said. People who commit honor killings, bigotry, violence against women, or who persecute against people on the basis of religion, race, gender, or sexual orientation, would not be admitted, they said. The U.S. already denies admission to persecutors, criminals and human rights abusers.

At least one refugee resettlement organization has already been briefed on an expected decline of refugee admissions to 50,000. That number is significantly lower than ceilings proposed before the Syrian civil war began.

Former intelligence analysts have pointed out that a policy that specifically discriminates against Muslims perpetuates the narrative that the U.S. is at war with Islam, which serves as a powerful recruiting tool for jihadist groups like the so-called Islamic State and al Qaeda.”

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I’m glad I’m not a refugee. And, most refugees wish they weren’t refugees.

PWS

01/24/17

NYT: President Trump Will Order Wall!

https://www.nytimes.com/2017/01/24/us/politics/wall-border-trump.html?_r=0

This breaking story from the NYT was passed on by Dan Kowalski over at LexisNexis:

“President Trump will order the construction of a Mexican border wall on Wednesday, White House officials said, and is mulling plans to stop Syrian refugees from entering the country and to slash immigration of refugees from “terror prone” nations, perhaps as early as this week.”

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No real surprises here. I had previously reported that the U.S. taxpayers will be on the hook for the cost of the border wall with only President’s Trump’s assurances that the Mexican Government will be reimbursing us.

And, as I have said many times before, I wake up every morning thankful that I woke up and that I’m not a refugee (particularly in today’s climate).

Interestingly, according to a recent Pew Research Center Poll, only a minority of Americans (39%) think that building a wall is a priority, while a majority (62%) favor legalization of those residing here without authorization and continuing to admit refugees on a humanitarian basis (61%). However, a majority of those surveyed (58%) do agree with President Trump that increasing deportations is important and that there should be stricter enforcement of those overstaying temporary visas (77%).

There does appear to be an opportunity for the Trump Administration to establish some type of national consensus on immigration. However, it does not appear to be exactly the same program that President Trump presented during his campaign. So, it would require some flexibility on all sides.

Read the complete Pew Research poll t this link:

http://www.pewresearch.org/fact-tank/2017/01/06/less-than-half-the-public-views-border-wall-as-an-important-goal-for-u-s-immigration-policy/

PWS

01/24/17

The Guardian Reports That Trump Will Issue Executive Order Restricting Refugee, Visa Admissions From Syria & Other Countries!

https://www.theguardian.com/us-news/2017/jan/24/trump-immigration-executive-orders-refugees

The Guardian reports:

“Donald Trump was expected to sign several executive orders restricting immigration on Wednesday, at the Department of Homeland Security, according to several congressional aides and immigration experts briefed on the matter.

Trump’s orders were expected to involve restricting access to the United States for refugees and some visa holders from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen, said the aides and experts, who asked not to be identified.”

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It’s always bad to be a refugee. Nobody wants to be one. But, it’s even worse in today’s world.

PWS

01/24/17

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