"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
The Department of Homeland Security (DHS) is reportedly drafting plans to transform family migrant detention centers in South Texas into screening hubs as the Biden administration faces a growing number of migrants at the southern border.
The Washington Post, which obtained internal DHS draft documents outlining the plans, reported Thursday that senior ICE official Russell Hott informed staff in an email this week that the number of unaccompanied minors and families arriving in the U.S. in 2021 is “expected to be the highest” recorded “in over 20 years.”
According to the Post, Hott added that with more than 500 family members arriving per day, the shift from detention to Ellis Island-style processing centers “may not be sufficient to keep pace with apprehensions,” with the potential for some migrants to be housed in hotels.
DHS officials, who spoke to the Post on the condition of anonymity because they were not authorized to speak publicly, said the transition to rapid processing and release centers has already begun.
The reported change comes as the latest move in President Biden’s efforts to reform the U.S. immigration system and keep up with the rising number of migrants crossing into the country amid shortages of bed space and personnel at detention centers.
The reported plans also mark a shift from policies under the Obama and Trump administrations, when most migrant families were quickly released or deported upon arriving in the U.S., with some being held in dormitory-style centers for extended periods of time as they awaited immigration proceedings.
The Biden administration has publicly said it is reviewing how family detention facilities are used, though the Post noted that the administration last week told a federal judge that the policies had not yet changed.
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Read the full article at the link.
The three keys are: 1) screening for COVID, background, and credible fear of persecution; 2) matching asylum applicants with representation, which promotes nearly “perfect attendance,” at hearings; 3) radically and rapidly reforming the Immigration Court system so that the Immigration Judges are “practical experts” on asylum law and eliminating the huge number of “deadwood” cases clogging dockets so Immigration Judges can conduct asylum hearings for recent arrivals on a timely, consistent, predictable basis, with an emphasis on due process and getting the result correct at the initial merits hearing.
Michelle Mendez Defending Vulnerable Populations Director Catholic Legal Immigration Network, Inc. (“CLINIC”)
NDPA Superstar ⭐️ Michelle Mendez 🎖 reports for CLINIC 🏆:
New Legal Challenge: CARECEN v. Cuccinelli
Greetings,
Representing the CARECEN and seven people with Temporary Protected Status, CLINIC, Democracy Forward, Montagut & Sobral PC and Debevoise & Plimpton LLP sued the Trump administration to block a policy issued by an unauthorized federal executive, U.S. Citizenship and Immigration Services’ Acting Director Ken Cuccinelli. The lawsuit, filed today in the U.S. District Court for the District of Columbia, seeks to stop the Trump administration from denying access to lawful permanent residency to people with TPS who legally qualify for green cards thanks to their U.S. citizen spouse or child. Cuccinelli’s action, couched as a mere “update” to the agency’s policy manual, eliminates the ability for TPS beneficiaries with prior removal orders to apply to adjust status with USCIS even though they departed the United States and returned with USCIS permission. The suit challenges the policy change as unlawful under the Administrative Procedure Act and the Constitution’s Due Process Clause, and because its author, Ken Cuccinelli, was not legally appointed to direct USCIS.
Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs.
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Remember, folks, no human being is illegal. But, Ken “Cooch Cooch” Cuccinelli is an “illegal” serving in a rogue regime!
Many thanks to all of our NDPA fighters who brought this much needed suit!
And, think of the grotesque stupidity, not to mention cruelty and illegality, behind this USCIS “policy.” Those in TPS are part of our community. Many have been here for years, even decades, working, paying taxes, and raising families (including many US citizens). Many are now fully qualified to adjust to “green card” status under existing law, thereby regularizing their status and getting out of “limbo.”
With LPR status, and eventually US citizenship, they can reach their full potential as humans and as members of our society. That’s a “win-win” that helps us move forward and prosper as a nation.
Yet, “Cooch Cooch” and the rest of the maliciously incompetent kakistocracy at DHS stay up nights thinking of ways to “stiff” our friends and neighbors in the TPS community and to keep them from regularizing their status and achieving their full human and economic potential, not to mention traumatizing US citizen family members. Talk about fraud, waste, and abuse in Government!
Incidentally, current TPS holders would all be entitled to full Immigration Court hearings if the regime attempted to expel them by force after ending TPS. Most have strong claims to relief, from cancellation of removal to asylum and other forms of protection.
Many could apply for adjustment of status in Immigration Court and individually litigate no matter what the USCIS “policy.” With a known backlog of approximately 1.5 million cases and perhaps another 500,000 to 1 million “lost in the docket dysfunction at EOIR,” their Immigration Court dates could easily be a decade, or “2.5 Administrations” from now. So, the Cuccinelli policy is basically a way of inflicting some cruelty and racist harassment on TPS’ers eligible to immigrate, without any realistic chance of “enforced removal.” Wow, talk about using a system already FUBAR’ed, to a major extent by this regime, as an illegal “weapon against humanity!”
Where, or where, have the Article IIIs been in taking a strong, unified stand against racism and stupidity (legal term “unreasonable behavior”) by the Trump immigration regime? Cooch Cooch was determined by a Federal Court to be illegally serving at USCIS! Yet, he contemptuously remains in office inflicting illegal harm and suffering on migrants, chewing up legal resources, and insultingly wasting the time of the Federal Courts.
I sort of understand the feckless performance of the Immigration Courts, wholly owned by “Billy the Bigot.” But, what’s the purpose of an independent Article III Judiciary that performs like it’s the “King’s Court” — unwilling or unable to defend our Constitution, humanity, or even their own prerogatives against the tyranny of a dangerous scofflaw moron like Trump?
What’s their excuse for drawing their salaries? The overall systemic failure of the Article III Judiciary, starting with a tone-deaf, racially insensitive, and often eagerly complicit Supreme’s majority, in the face of Trump’s White Nationalist authoritarianism, demands serious national re-examination of the role, qualities, and character we should expect from our Article III Judiciary, assuming that our nation survives the current legal and moral debacle led by Trump and enabled by judges who failed to do their duties!
“When the Trump Administration attacks families, we will hold it accountable, be it for the next few months or the next 4 years.”
That’s the key! With far too many public officials in all three branches spinelessly “tanking” on their constitutional duties to protect our rights and defend humanity from tyranny, the soldiers of the NDPA are among the courageous defenders of democracy and leaders of the long and challenging climb to equal justice and national decency. Support them by throwing the GOP — the anti-American party of bias, hate, lies, racism, institutionalized stupidity, and chaos — out at every level of government!
We’ll never get to equal justice for all with politicos, legislators, judges, and bureaucrats who don’t believe in it! Folks who quote and “honor” MLK, Jr., one day of the year and spend the rest of it trampling on his dreams and trashing his values!
Thanks to my good friend, colleague, and “NDPA General” Michelle and others for standing up to “Cooch the Illegal” and his toxic anti-American, scofflaw efforts to destroy our nation!
(1) In Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), the Board of Immigration Appeals improperly recognized the respondent’s father’s immediate family as a “particular social group” for purposes of qualifying for asylum under the Immigration and Nationality Act.
(2) All asylum applicants seeking to establish membership in a “particular social group,” including groups defined by family or kinship ties, must establish that the group is (1) composed of members who share a common immutable characteristic; (2) defined with particularity; and (3) socially distinct within the society in question.
(3) While the Board has recognized certain clans and subclans as “particular social groups,” most nuclear families are not inherently socially distinct and therefore do not qualify as “particular social groups.”
(4) The portion of the Board’s decision recognizing the respondent’s proposed particular social group is overruled. See Matter of L-E-A-, 27 I&N Dec. at 42– 43 (Part II.A). The rest of the Board’s decision, including its analysis of the required nexus between alleged persecution and the alleged protected ground, is affirmed. See id. at 43–47 (Part II.B).
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As my friend Dan Kowalski of LexisNexis has pointed out, the AG’s ruling conflicts with most Circuit Court precedents which have recognized the nuclear family as the “quintessential particular social group.” So, Barr’s latest assault on human rights and the rule of law is likely to engender years of unnecessary and wasteful litigation.
But, the New Due Process Army and the Roundtable will be leading the change for truth, justice, and the American way!
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Transactional Records Access Clearinghouse
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FOR IMMEDIATE RELEASE
Despite the concern about the number of families arriving at the border seeking asylum, families continue to remain a minor proportion of new cases arriving at the Immigration Courts each month. For example, during March 2019, just 18.7 percent of the new cases that came in involved these families. Despite this, the court’s backlog continues to climb and reached a new historic high of 869,013 cases on its active docket at the end of March.
After being released in border communities, families seldom remain there. Since September 2018, 32 courts in 24 states have received at least 100 new family cases. Over half of these cases are before courts headquartered in sanctuary cities. Among the top ten courts where family cases are located, six are usually classified as sanctuary jurisdictions. These courts include those in New York City, San Francisco, Los Angeles and Chicago.
These results are based upon the latest court records analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. These data were obtained from the Executive Office for Immigration Review (EOIR) under the Freedom of Information Act (FOIA).
Full data on what happens to families after they are arrested at the border, however, are not available. The Justice Department has now stopped providing TRAC with information needed to track the processing of asylum and related applications for relief. Information both on historical as well as new asylum applications are now being withheld during this review.
In addition, the government admits it lacks the ability to reliably follow cases when they are transferred from one agency to another. Without this information, agency officials are unable to effectively manage the situation. This appears to parallel the difficulties the government has had in reuniting children separated from their parents because separate record systems didn’t pass along relevant information.
In addition, a number of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through March 2019. For an index to the full list of TRAC’s immigration tools and their latest update go to:
TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:
David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563 trac@syr.edu https://trac.syr.edu
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The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (https://whitman.syr.edu) and the Newhouse School of Public Communications (https://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to https://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.
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Senator Ron Johnson (R-WI), the DHS “Advisory Committee,” and other Trump Apologists to the contrary, neither arriving families nor the current asylum law are the problems (except that the Administration fails to apply the current asylum law and procedures fairly). No, the problem is the “malicious incompetence” of the Trump kakistocracy in the White House, at DHS, and in the DOJ.
Democrats must take care not to be “stampeded” by Trump’s bogus White Nationalist narrative (even parroted by some members of the “mainstream press”) into changing asylum laws to further screw asylum seekers. Rather they need to stand firm on insisting that the Trump Administration follow existing laws on asylum, protection of unaccompanied minors, and other forms of humanitarian protection.
There isn’t going to be a “grand bargain’ on immigration until the Trump kakistocracy and its enablers are removed from power. And “border security” does not require a reduction or truncation of the rights of migrants and asylum seekers as a “trade-off” for legalization programs.
Actually, clearing intentionally and maliciously overcrowded Immigration Court dockets of cases of individuals whose removal actually hurts the U.S. and figuring out a way of getting more of these folks we need into the legal immigration system right off the bat (instead of forcing them into the “immigration black market”) are essential parts of any border security program.
What real border security does require is a competent focus on making the asylum adjudication system and the Immigration Court system function in accordance with protection laws, Due Process, and fundamental fairness. A fair, timely, and efficient Immigration Court system serves everyone’s needs, including DHS enforcement.
Fair, impartial, and independent judges who are not controlled by politicos with a White Nationalist agenda would be the basic starting point. It also includes a fair application of the law to include gender based persecution and persecution by gangs and other entities exercising quasi-governmental authority in “failed states.” Indeed, if any “clarifications” are made in asylum law it should be to specifically write these interpretations into the refugee definition as was done by a bipartisan group of legislators in the past who were dissatisfied with the administrative failure to include victims of persecution in the form of coercive family planning in the refugee definition.
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Transactional Records Access Clearinghouse
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FOR IMMEDIATE RELEASEThe Immigration Court backlog continues to rise. As of February 28, 2019, the number of pending cases on the court’s active docket topped eight hundred and fifty-five thousand (855,807) cases. This is an increase of over three hundred thousand (313,396) pending cases over the backlog at the end of January 2017 when President Trump took office. This figure does not include the over three hundred thousand previously completed cases that EOIR placed back on the “pending” rolls that have not yet been put onto the active docket.
Recent family arrivals now represent just 4 percent of the current court’s backlog. Since September 2018 when tracking of family units began, about one out of every four newly initiated filings recorded by the Immigration Court have been designated by DHS as “family unit” cases. The actual number of families involved were less than half this since each parent and each child are counted as separate “court cases” even though many are likely to be heard together and resolved as one consolidated family unit.
There has been no systematic accounting of how many cases involving families arriving at the border will involve Immigration Court proceedings in their resolution. Families arriving at the border do not automatically have the right to file for asylum in Immigration Court. Thus far, the number of families apprehended by the Border Patrol or detained at ports of entry dwarf the actual number of these cases that have made their way to Immigration Court.
In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through February 2019. For an index to the full list of TRAC’s immigration tools go to:
TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:
David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse
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Remember, folks, the next time you hear the Administration’s “professional liars” like Kirstjen Nielsen engage in bogus “hand wringing” and call for crackdowns on asylum applicants, their lawyers, and drastic changes to asylum law — she is covering up and shifting the blame for grossly incompetent management of the asylum program and the Immigration Courts by this Administration. “Victim blaming and shaming” — a staple of the Trump Kakistocracy — is about as low as it goes.
While laws can always be improved — for example an Article I U.S. Immigration Court, adding gender-based asylum to the “refugee” definition, supporting legal representation for arriving asylum seekers, and increasing the number and initial jurisdiction to grant asylum of the Asylum Officers should be “bipartisan no brainers” — the real problem here is not the law!
No, it’s the unwillingness of this Administration to follow laws protecting refugees, allow for robust “out of country processing” of refugees from Central America, and eliminate anti-asylum, anti-Latino, and anti-female bias from our asylum adjudication system that has created a “self-constructed crisis.”
Insist that this Administration take responsibility for their “designed to fail,” White Nationalist, restrictionist policies, improve performance, and administer refugee and asylum laws fairly, impartially, and in accordance with Due Process under our Constitution.
Under no circumstances should the already far too limited rights of asylum seekers and migrants to receive fair, honest, and humane treatment in accordance with constitutional Due Process be reduced as this Administration is always disingenuously seeking. And the money being illegally diverted and wasted on a semi-nonsensical “Wall” could and should much better be spent on improving our current asylum system and making it work — without any more illegal “gimmicks” such as attempting to rewrite the statutes by regulation, the bogus and ill-conceived “Migrant Protection Protocols,” and “slow walking” the applications of those who line up patiently to apply for asylum at legal ports of entry.
In a November 16 memo to immigration judges, EOIR’s Director, James McHenry, announced that after a nearly two-year reprieve, “Family Unit” cases are again being prioritized, under conditions designed to speed them through the immigration court system, ready or not, with or without representation, due process be damned.
“Family Unit” is a term created by the Department of Homeland Security as an “apprehension classification” which consists of an adult noncitizen parent or legal guardian, accompanied by his or her own juvenile noncitizen child. Of course, many of the highly-publicized cases of children separated from their parents at the border fall within this category.
Under the new procedures, all Family Unit (or in EOIR parlance, “FAMU”) cases must be completed within 365 days of the commencement of removal proceedings. Just as a point of comparison, many immigration judges in New York are presently setting non FAMU cases for hearings in late 2021. So EOIR wants FAMU cases to be completed in a third of the time of other cases.
In order to accomplish this, such cases (at least in the New York court) are to be scheduled for their first Master Calendar hearing before an immigration judge within 30 days of the court’s receipt of the charging document that commences proceedings. The parent and child are then to be given only one continuance of 40 to 45 days in order to try to obtain counsel. After that, the cases are to be set for a final merits hearing another five to six months out. That only adds up to about 8 months, I imagine to allow another four month “safety zone” just in case. Immigration judges are further directed to make sure they complete the cases in 365 days, and to get them done as soon as possible.
To further increase the odds of success, the FAMU cases are being assigned to brand new immigration judges, for the following reasons. First, the new judges are mostly former ICE prosecutors. Secondly, the new judges are on probation for two years, making them more likely to obey rules in a desire to keep their jobs. The new judges have also just been through training at which they were instructed by the Attorney General that sympathy has no place in their work, that those fleeing domestic violence and gang violence are undeserving of asylum, and that it is more important for them to be efficient than fair.
Judges are expected to bump non-FAMU cases if necessary to meet the completion goals. In other words, those who have patiently waited three years or longer for their day in court, and who have their evidence and witnesses lined up in the hopes of finally obtaining legal status in this country, now run the risk of having their hearings bumped for who knows how much longer in order to speed through the case of a parent and child who likely need more time to obtain counsel and prepare their claims.
I have checked with legal service providers in New York City, and have been told that the 40 to 45 days being provided by EOIR is generally not a sufficient amount of time for the respondents in such cases to retain counsel. Outside of large cities like New York, this time frame is even less realistic, due to the fewer number of NGOs receiving funding to do this type of work.
The new policy therefore lessens the likelihood that families will be able to be represented in their removal proceedings. Unfortunately, recent changes in the law achieved through the certification of cases by the Attorney General (which has continued even under interim AG Whitaker) has made the need for legal representation far more important. It is a daunting task for an unrepresented victim of domestic violence to clearly state a detailed particular social group, defined by an immutable characteristic (but not by the feared harm), and establishing the group’s particularity and social distinction in society; to then establish that the persecutor was motivated by her membership in such group; and then demonstrate both that the government was unwilling or unable to protect her and that she could not reasonably relocate within her country
As I noted in an earlier blog post, https://www.jeffreyschase.com/blog/2018/1/26/0sg8ru1tl0gz4becqimcrtt4ns8yjz the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status states at paragraph 28 that “a person is a refugee within the meaning of the 1951 Convention as soon as he fulfills the criteria contained in the definition…Recognition of his refugee status does not therefore make him a refugee but declares him to be one. He does not become a refugee because of recognition, but is recognized because he is a refugee.” So the above requirements for particular social group claims are essentially an obstacle course that someone who is already a refugee must negotiate in order to have our government grant them the legal status to which they are entitled. The recent AG decisions have increased the difficulty of the course, and the new FAMU directive will mean that these most vulnerable refugees will have to negotiate the course at breakneck speed, and likely without the assistance of counsel. It bears noting that whatever particular social group definition the asylum-seeker offers the judge is crucial; if it contains one word too many or too few, pursuant to a recent BIA precedent decision, it cannot be corrected on appeal, even if by that stage the applicant has managed to procure representation.
Through these methods, the present administration is playing a game which will result in fewer grants of asylum. The lower grant rate will then allow the administration to claim that those seeking refuge at our southern border are not really refugees, which in turn will allow them to create even greater obstacles, which will in turn lead to even fewer asylum grants.
As a former immigration judge, I can say with authority that it takes time and effort to reach the correct result in these cases; furthermore, the accuracy of asylum decisions greatly increases with the involvement of those with knowledge of the legal requirements. In its speed over accuracy approach, and its gaming of the system to deny more asylum claims for its own political motives, the present administration is telling refugee families that only the first and last letters of “FAMU” apply to them.
Copyright 2018 Jeffrey S. Chase. All rights reserved.
Abigail Becker reports from Madison, WI for The Capital Times:
Gissell Vera was on her way to school Friday morning, but turned around when she received a text message from her aunt informing her that someone had knocked “aggressively” at her door.
Vera, 18, is the strongest bilingual speaker in her family and her language skills were needed at home to get information from the Immigration and Customs Enforcement agents who came to detain her uncle, Erick Gambao Chay.
“They’re basically destroying our family,” Vera said at a press conference Monday at Centro Hispano. “Why are they doing that? It’s just chaos.”
Gambao Chay, a father of three children under the age of 10, was one of approximately 11 individuals known to be detained by ICE agents in the Madison area starting Friday, according to Voces de la Frontera, an immigrants rights advocacy group based in Milwaukee.
Over the weekend, reports of co-workers, employees and family members surfaced on social media, heightening tension in the community.
“It may seem a small number, but these are the breadwinners from the families,” Dane County immigration affairs specialist Fabiola Hamdan said. “They are the ones that are (leaving) behind kids, moms, wives and the community … it’s a super hard day for us, not only Latinos but all immigrants.”
Kazbuag Vaj, the co-executive director of Freedom Inc., reminded those at the press conference that the issue of immigration does not only affect the Latino community. Vaj works with Hmong and Cambodian refugees who could also be vulnerable to ICE.
“As a community that’s already heavily policed because we live in low-income housing and we live right around this area … having ICE, an additional militarism, in this community adds additional stress to the families,” Vaj said. “We are in crisis also.”
‘They are not police’
Voces de la Frontera also reported that ICE agents arrested 15 people in Arcadia, three people in Milwaukee and five in Green Bay as of Monday morning. In some cases, including the arrest of Vera’s uncle, ICE agents are “falsely identified themselves as police,” they said.
Vera explained to a packed room of reporters, local and state officials, and dozens of community members that her family is used to working with local police officers.
“We live in a very unsafe neighborhood, so it’s normal for law enforcement to come and ask questions,” she said. “We always cooperate because we live in a really united community.”
The agents identified themselves with ICE and arrested Gambao Chay as his children clung to him. Gambao Chay’s three children and wife were previously hiding in the attic for fear of deportation.
“Once my uncle walked up to the door, they said, ‘We’re ICE police and you have to come with us because you haven’t been behaving well and you don’t have the right to be here,’” Vera said.
Mayor Paul Soglin said the tactic is a lie used by ICE to “create confusion and worsen an already bad situation.”
“We are going to continue to protest the use of police in regards to ICE’s activities,” Soglin said. “They are not police. They are federal agents who are using their authority to come into a local situation.”
Soglin said the city’s priority is to identify the individuals who have been detained and get them access to legal services. He also requested a meeting with mayors from across the nation and ICE officials to discuss the lack of communication with local agencies.
“We do not need you making your determination that someone who may have some traffic violations, someone who may only be undocumented or have some other minor offenses is someone who is of danger to our community,” Soglin said, directing his comments to the federal agency.
Madison Police Chief Mike Koval and Dane County Sheriff Dave Mahoney have reiterated their commitment to the Madison and Dane County community and not to enforcing immigration law.
Koval said Friday that he was not informed that ICE would be in the area even though the MPD has a standing agreement with the agency to be notified when agents will be in the community. Koval has reiterated that enforcement of immigration laws remains primarily with the federal government.
“To this end, MPD will not self-initiate contact, detain, arrest, or investigate any person(s) solely for a suspected violation of immigration status laws,” according to the department’s code of conduct.
MPD cooperates with ICE when the operation deals with “serious crimes directly relating to public safety” including the following situations as listed in the MPD’s standard operating procedure on the enforcement of immigration laws:
The individual is engaged in or is suspected of terrorism or espionage.
The individual is reasonably suspected of participating in a criminal street gang.
The individual is arrested for any violent felony.
The individual is a previously deported felon.
Mahoney has refused to cooperate with ICE and rejected requests by ICE to hold people for 48 hours after they post bail or serve their sentences so ICE officials can arrange to detain them.
“Raiding our community without notifying local law enforcement puts our community at risk,” Mahoney said.
U.S. Rep. Mark Pocan called ICE an “increasingly rogue agency” and has strayed from what said is the agency’s original purpose, which was to “protect domestically from terrorism.” Pocan said the agency would publish a list online of individuals who have been detained within the next two days.
“To not tell the sheriff you’re coming in and doing raids, to not tell the Madison police, to not talk to your federal representatives along the way, is exactly what’s wrong with the agency,” Pocan said.
Those who have been affected by ICE can call Hamdan, the Dane County’s immigration affairs specialist, at 608-242-6260.
GREEN BAY – A father of eight children, and a man preparing for his children’s baptism, were among at least six people arrested in Green Bay this weekend in a U.S. Immigration and Customs Enforcement operation carried out in more than a dozen Wisconsin counties.
No one from ICE could say Monday who had been arrested, or what charges they might face.
“Yesterday, ICE knocked on my door and took my ex-husband and the dad of my kids,” Cruz Sedano said through a translator at a community meeting Monday. “… we were all preparing for my (children’s) baptism.”
The ICE operation was unusual in that Green Bay authorities had no notice that an operation was planned. The agency in the past has alerted police when they’ve planned an operation, and sometimes asks for assistance, city Police Chief Andrew Smith said.
Police officials and a representative from the mayor’s office met with members of the Hispanic community Monday night at Peace United Methodist Church, which hosted a community meeting with the hope of answering questions and calming fears about the arrests.
As children played outside the meeting, Smith and Celestine Jeffreys, chief of staff to Mayor Jim Schmitt, tried to reassure people that the city wants to protect community residents within the bounds of the law. But they also acknowledged that ICE has the authority to enforce federal immigration statutes.
“Unfortunately, this is the ugly balance that we have to strike as a municipality in between the community and the federal government,” Jeffreys said. “So we cannot inform the community that ICE is here … I know that’s an answer you don’t want to hear.”
‘Very afraid’
The arrests clearly sent ripples of fear through the Hispanic community, whose members worry a loved one or neighbor could be arrested and deported.
Maria Plascencia, director’s assistant at the Green Bay-area Hispanic resource center Casa ALBA Melanie, said her group fears “many more” arrests are possible.
“This community is very afraid to send their kids to school, because they do, it (might be) the last time they will see them,” Plascencia said.
She said her agency has fielded questions since Friday from community members who had family members arrested.
Smith said the arrests were part of an ICE operation in 14 counties. Milwaukee, Dane and Trempealeau counties also saw similar arrests by Immigration and Customs agents, the group Voces de la Frontera reported.
An ICE spokesman wouldn’t discuss details of the Green Bay arrests Monday afternoon, but said in a statement the agency focuses on people “who pose a threat to national security, public safety and border security.”
‘Targeted arrests’
“ICE officers are out in the community every day conducting targeted arrests,” the statement said. “ICE conducts targeted immigration enforcement in compliance with federal law and agency policy. While looking for those specific individuals, ICE officers sometimes encounter others who have violated U.S. immigration laws.
“However, as leadership has made clear, ICE does not exempt classes or categories of removable aliens from potential enforcement. All of those in violation of U.S. immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.”
Police chief Smith said this ICE visit was different. “It’s been their standard operating procedure to let local law-enforcement know,” Smith said. “They did not call us this time.”
ICE will typically inform police about who the group is looking for, and inform the department about specific individuals if they are wanted for felony crimes, Smith said.
He said Green Bay police do not ask people they arrest about citizenship, saying that remains a federal issue and that the department’s priority remains keeping the city’s residents and visitors safe.
“I understand there’s a lot of fear, there’s a lot anxiety, there’s lot of apprehension,” he told the group. He reminded them that police are here to protect “anybody who’s been a victim of a crime … who’s being extorted (because they might be worried about their citizenship status) … or being used by their landlord or their bosses.”
At least two of the people arrested this weekend were in the U.S. as part of Deferred Action for Childhood Arrivals, or DACA, said the Rev. Ken DeGroot, co-founder of Casa ALBA.
DACA allows some people who arrived in the U.S. illegally as children to receive deferred action from deportation and become eligible for a U.S. work permit in the U.S.
‘Tearing apart families’
At Monday night’s meeting, Sedano told the audience about the arrest of her former husband, Antonio Juarez. She said ICE officers arrested Juarez, father of her two children, allowed other family members to remain inside the house.
“I do have to say that ICE behaved well with us,” she said in Spanish. “… they returned all of his belongings, and gave us phone numbers so that we could be in contact with them.”
DeGroot, though, said the arrests are bad for the community.
“They’re tearing apart families, they’re arresting good people. They’re causing tremendous suffering and trauma,” he said. “They are also depriving families of being supported.”
He said his group is advising people not to open their doors for people they don’t know. If someone says he or she is part of law enforcement, DeGroot said, the person should insist on seeing a warrant from a judge.
President Donald Trump has declared cracking down on illegal immigration to be one of his priorities. The crackdown, which includes discussion of a wall along the U.S.-Mexico border, has proven controversial, particularly among advocates for immigrants from Mexico and other Spanish-speaking countries.
‘Same fears, same dreams’
Witnesses in Green Bay said one man was convinced to come outside his house to answer questions about ownership of a car parked outside, and one of the men arrested is a father of eight.
Smith said the people who were arrested were taken to Dodge County. Dodge’s sheriff, Dale Schmidt, said the jail has a contract with the federal government to house prisoners and houses federal inmates daily.
Schmidt wouldn’t say if any prisoners were from this weekend’s ICE arrests.
Voces de la Frontera said 11 people had been arrested in the Madison area, three in Milwaukee and 15 in Trempealeau County, north of La Crosse. The group said arrests were made at workplaces, during traffic stops and in homes.
“Many of us are great people, hard-working, with the same fears and same dreams as anyone else,” said Plascencia, the Casa ALBA official.
In Madison, Mayor Paul Soglin planned to meet with law enforcement officials and community organizers to get a better idea of the number of people detained by ICE officials, the Associated Press reported.
Madison officials say ICE detained immigrants without prior communication with the police department. Police Chief Mike Koval says the department has an agreement with ICE to know when and where arrests are made.
Shelby LeDuc contributed to this story.
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Tearing families apart and spreading terror in American communities. Small wonder that the “Sanctuary Cities” movement is growing and that “Abolish ICE” is gaining steam.
Remember, I predicted early on that under the inhumane, senseless, and ultimately ineffective leadership of Trump, Sessions, Homan, and Nielsen, ICE would become the most despised law enforcement agency in America. They are ahead of schedule.
The main benefit would be the creation of a federal licensing scheme for additional Family Residential Centers that would provide care for alien minors and their parents.
Maybe, but if a challenge to the regulation goes to court, the main issue is likely to be whether administration officials can bypass an explicit statutory provision requiring mandatory detention in expedited removal proceedings with a settlement agreement.
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Go on over to The Hill at the link to read the rest of Nolan’s article which contains summaries of the Flores settlement and the expedited removal process.
Trump admin seeks to keep immigrant families in detention indefinitely
By Tal Kopan, CNN
The Trump administration has released a proposal to overhaul the way that undocumented immigrant families are treated in custody, a maneuver that would allow the government to keep the families in detention as long as their immigration court case remains open.
The proposed federal regulations would notably revoke the court case known as the Flores Settlement Agreement, which governs how undocumented children can be treated in custody. The regulations are scheduled to be published in the Federal Register on Friday.
The more than 200-page rule would have sweeping implications for the immigration detention system in the US and is likely to face swift resistance from advocates who brought the Flores case and those who have supported it.
One of the biggest proposed changes would create a federal license system to allow for detention centers that could hold families. The administration argues that it is the state-based licensing system that is causing issues that would restrict family detention.
The arguments for the rule are similar to the case the administration has made in court before Judge Dolly Gee, who oversees the settlement. Gee has rejected those arguments in her courtroom.
“This rule would allow for detention at (family detention centers) for the pendency of immigration proceedings … in order to permit families to be detained together and parents not be separated from their children,” the rule states. “It is important that family detention be a viable option not only for the numerous benefits that family unity provides for both the family and the administration of the INA, but also due to the significant and ongoing influx of adults who have made the choice to enter the United States illegally with juveniles or make the dangerous overland journey to the border with juveniles, a practice that puts juveniles at significant risk of harm.”
Pretty outrageous. But, about what we would expect from a racist White Nationalist Administration with no respect for the Constitution, laws, Federal Courts, or human dignity, and that is hell-bent on wasting our taxpayer money on evil causes.
I predict that this will “reactivate” the Flores litigation before Judge Gee. She, in turn, will “stuff” the Administration on its insulting, contemptuous, and clearly bogus justification for the detention.
These individuals are coming to the US seeking to exercise legal rights to apply for protection. Every reliable study shows that if released under alternatives to detention, informed of what the system requires, given adequate notice, and, most important, given reasonable access to lawyers they show up for their hearings nearly 100% of the time and actually prevail on the merits in a significant number of cases (the success rate is kept artificially low by the disingenuous anti-asylum jurisprudence created by Sessions and by a pre-existing legal bias in the system against many asylum seekers from the Northern Triangle, also fanned and encouraged by Sessions’s overt xenophobia).
Stay tuned for another monumental waste of taxpayer money on yet another misguided Administration attempt to impose a White Nationalist immigration agenda!
“Immigration has become one of the most polarizing issues of our day. But it is worth remembering that this century opened with a tale of family and migration that was as contentious as many of the stories that punctuate our current debate: the case of Elián González.
In November 1999, when Elián was 6, he left Cuba in a small boat with his mother, who was seeking a better life in Florida. She and 10 others died when the boat sank in a storm. Elián survived by clinging to an inner tube. Courts eventually ruled that he must return to his father in Cuba rather than stay with relatives in Florida. He remains there to this day.
Regardless of your views of the underlying legal arguments in the case, the image of a small, frightened boy being pulled from the arms of a sheltering adult by a team of heavily armed federal agents remains seared in the minds of many people as a low point in the immigration debate.
Brace yourself for the possibility of seeing this kind of scene again.
As Republicans, whose party has consistently and rightly advanced policies to support the essential role of families in America, we are deeply troubled by the harm that is about to be done to hundreds of thousands of families that have legally called America home for more than two decades.
In the wake of the 2001 earthquake in El Salvador that claimed more than 1,000 lives and destroyed 100,000 homes, the United States allowed hard-hit families to live and work in America. This merciful act was one of many that America took to relieve the suffering of a natural disaster in one of the hemisphere’s most troubled, impoverished nations.
Now, after almost two decades, the nation that showed that kindness is poised to revoke it and force approximately 200,000 Salvadorans to leave the United States, even those whose children are American citizens. (Together, they have about 190,000 American-born children.)
It is wrong to potentially break up so many families that have for so long made the United States their home — legally and at our invitation.
When prioritizing the immigration problems we face, the case of 200,000 Salvadorans who accepted our invitation to live and work here legally would not even make a top-10 list. The biggest challenge is, of course, securing the border. It must be done. Continued illegal migration across the southern border and the often-related criminal activity involving drugs, human trafficking and undocumented, unregulated labor is unacceptable.
Second, of course, is what to do with the 10 million to 15 million undocumented immigrants who arrived over the past several decades and who have become part of American life — and who, let’s be honest, will not and should not be forcibly removed. Congress and the president can and must act now to resolve these problems.
As our leaders try to devise durable, humane solutions to the most urgent immigration issues, it is a mistake to think the right approach is to look backward, relitigate nearly 20-year-old decisions and break up families. In fact, the action against Salvadoran families is so problematic that it is hard to see how it will not hinder efforts in Washington to find common ground on immigration.
Another of our challenges is how to deal with the 800,000 undocumented immigrants who were brought to the United States with their families when they were children. The uncertain status of these “Dreamers” is not of their own making. Though they were not born here, they know no other home than America. They grew up, studied and work here. They are largely models of the assimilation we seek for all immigrants. Congress can and should move quickly to send President Trump legislation providing a common-sense resolution to their situation so that they can continue to thrive here as part of the American dream.
One of our party’s, and the world’s, greatest leaders, Ronald Reagan, was also a passionate and articulate advocate of strong families. He once said: “The family has always been the cornerstone of American society. Our families nurture, preserve and pass on to each succeeding generation the values we share and cherish, values that are the foundation for our freedoms.”
Singling out Salvadoran families for separation is simply a bad idea that should be dropped. If we believe America is made stronger by families, then let’s do everything we can to strengthen all the families who choose to call America home. At the very least, the federal government should not become the instrument for attacking them.
We must instead take up the actual immigration challenges we face in a humane, responsible way that protects American interests and jobs.
“Yolanda already knows what it feels like to leave a child behind.
She left three in her native Guatemala just over two decades ago. “I had to decide so quickly,” she told me. “My husband had already crossed. My mother told me to go, to send money back to them, and that the children would follow when they were old enough.” They were 16 months, 7, and 9. Twenty-one years later, she’s still waiting.
Since she came to America, Yolanda has had another daughter. She’s 8 years old, and she has autism, which makes the struggle to establish an ordinary American life even harder. And then there’s the fact that, like more than 11 million other people in America, Yolanda is an undocumented immigrant. While her status has always been insecure, the risks it posed always seemed like an abstraction, and her community in Staten Island seemed to be mostly on her side. Then Donald Trump was elected president, and the incendiary rhetoric about immigrant communities that he had used on the campaign trail became an almost unbelievable reality. Suddenly, the future is as painful for Yolanda to contemplate as the past.
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El Centro del Inmigrante, an educational organization and worker center in Port Richmond, Staten Island. Photo: David Cortes. Photo Editor: Biel Parklee.
“My biggest fear,” she said through a translator, as we sat across from each other in a small office at El Centro del Inmigrante, a community-based educational organization and worker center in the Port Richmond neighborhood of Staten Island, “is that I’ll be deported and my daughter will have to stay here. I have nobody to leave her with. But I’m also afraid of having to bring her back to a country where they won’t have any of the services she needs.”
The prospect of leaving her daughter behind is especially frightening because of her autism. “I have to monitor her constantly. I help her with everything she does. I tie her shoes, feed her. She sleeps with me. No one’s going to do that the way I do. Who would ever be able to take my place?”
The political transformation that forced such questions to the front of Yolanda’s mind began almost as soon as Trump came into office. An executive order signed in January mandated the detention of any undocumented person with or without a criminal record, just so long as he or she “pose[s] a risk to national security” in the thoroughly undefined “judgment of an immigration officer.” It also authorized the hiring of an additional 10,000 ICE agents. Meanwhile, those already in place seemed to interpret their role differently right away. In the first three months of 2017, the Washington Post reported, ICE arrested 5,441 undocumented immigrants without criminal records; in the same period last year, the number was less than half of that. And last Friday ICE announced what it called a “surge initiative,” a program to arrest immigrant parents who hire smugglers to bring their children to join them. Immigration advocates call the program “unimaginably cruel.”
In her community in Staten Island, which once seemed to Yolanda like a haven, the national picture seems to be encroaching with disturbing speed. In February, five Mexican immigrants in the borough were picked up in ICE raids, part of a wider sweep across New York City that led to a total of 41 arrests. In June, ICE arrested a teenager in New York State on the day of his senior prom. In this new climate, undocumented parents are panicking: flooding El Centro’s offices, desperate for information, trying to understand what Trump’s promise to deport as many undocumented immigrants as possible will mean for them. El Centro is scrambling to respond to the overwhelming new demand for its services, setting up workshops to help parents better understand their options, helping frightened parents apply for the services for their U.S.-born children, and providing up-to-date information on new enforcement measures. “We’ve been around since 1997,” said Favio Ramirez-Caminatti, the nonprofit’s executive director. “We’ve never seen a situation like this.”
