What is the mission of Immigration and Customs Enforcement (ICE)? Its website states:
ICE’s mission is to protect America from the cross-border crime and illegal immigration that threaten national security and public safety. This mission is executed through the enforcement of more than 400 federal statutes and focuses on smart immigration enforcement, preventing terrorism and combating the illegal movement of people and goods.
In the past week, ICE has aggressively ramped up its enforcement efforts, sending shockwaves across the nation, as many ponder just how far ICE will go to execute the practically limitless deportation priorities laid out in President Trump’s January 25 Executive Order. The order casts a net so massive that ICE could easily shatter the record of people deported under President Obama. Trump’s actions have instilled fear and anxiety across immigrant communities, and has even spawned scam artists posing as ICE agents and demanding that immigrants pay up to avoid deportation.
Continue reading ‘Is ICE Making Us Safer or Less Secure?’ »
The past 100+ hours have certainly been the most tumultuous we as immigration practitioners have seen in a long while. I could write another article or blog post about how many concerns we as lawyers have with the Executive Orders (EO) or how they were abruptly rolled out but that just keeps us stuck in the mud.
Rather, I was impressed by the response of immigration lawyers, corporations, schools, communities and the immigrants themselves. The call to action was swift and resistance was organized. Once it went public with protests, restraining orders and airport assistance, the press and politicians took notice. Communities came together to support the families of those affected and corporations and schools spoke out in support of their employees and their employees’ families who were directly impacted by long holds, refusals to board airplanes, and outright bullying to give up their green cards.
Continue reading ‘Standing Firm Against Discrimination’ »
I journeyed to Dilley, Texas, in December to volunteer at the South Texas Family Residential Center, where up to 2,400 women and children seeking asylum in the United States are detained. Each day, we arrived at the facility before 8am and stayed for more than 12 hours, and my heart was broken over and over again. It felt like we were running nonstop from dawn until midnight, step by step trying to help these vulnerable families.
As a legal volunteer at Dilley, I met with more than 50 women and their children and heard their stories of why they left their countries and fled to the U.S., so that I could prepare them for their credible fear interviews (CFI) in front of an Asylum Officer. Passing the CFI is the first step in a successful asylum case. Once the women and children detained at Dilley pass the CFI, they are generally released. Depending on how they entered the U.S., they could be forced to wear an ankle monitor or pay a bond ranging from $1,500 to more than $5,000.
Continue reading ‘Running a Marathon Every Day’ »
I started working in the nonprofit sector in 2008, where I witnessed and helped a slow trickle develop into a healthy stream of Cubans on the West Coast needing representation. They refer to me as “la Chinita.” The Cubans, just like any other immigrant community, disseminate news amongst each other rapidly, both true and false. So, when President Obama announced the immediate elimination of the parole policy for Cubans, my phone and email inbox seemed to burst into flames with inquiries from concerned Cubans already in the United States awaiting their green cards, and from other attorneys that know of my large pool of Cuban clients.
Continue reading ‘Change in Policy for Cuban Immigrants’ »
The veterans among us know all too well the vast power that the Attorney General of the United States (AG) has in immigration matters, but for those who are new to the practice of immigration law, or just interested members of the press or public, here is a primer on the power of this office only as it relates to immigration:
(1) The AG has the power to remake the Board of Immigration Appeals (BIA). In 2002, Attorney General John Ashcroft decided to “streamline” BIA review of immigration decisions and he was able to do so without any enabling legislation because the BIA is a creature of regulations promulgated by the Attorney General. Before 2002, most immigration appeals were reviewed by three-judge panels which almost always issued written opinions. But Ashcroft changed that to require single-member review of most cases. He also cut the number of BIA members from 23 to 11and dismissed the more “pro-immigrant” members. Since that time, the board has grown to 17, but there is nothing to prevent our new AG from remaking the entire Board in whatever form he wishes.
Continue reading ‘Why All the Worry Over Senator Sessions as Attorney General?’ »
Immigration and Customs Enforcement (ICE) policies force hundreds of asylum seekers into detention in the Central Valley, one of the most rural parts of California. In March 2015, ICE contracted with GEO Group, a private prison company, to re-open the Mesa Verde Detention Facility in Bakersfield, California. Although ICE contracts with other jails throughout the state for bed space to house a limited number of immigrant detainees, Mesa Verde is a former prison that is now an immigrant-only detention center holding 400 individuals at any given time, the majority of them asylum-seekers. Mesa Verde is five hours away from the San Francisco immigration court, which has jurisdiction over all of the detainees’ cases. According to the San Francisco Immigration Court Administrator, the detained immigration court docket in San Francisco has nearly doubled since the opening of Mesa Verde.
Shortly after opening the detention center, ICE began transferring recently arrived asylum seekers there from the border. These asylum seekers are from countries throughout Africa, Asia, and Latin America and speak dozens of languages, including Spanish, English, French, and Haitian Creole.
Continue reading ‘We Cannot Turn Away from Mesa Verde’ »
(This is part two of a two part blog post; the first part can be found by following this link. Please note that all client names are pseudonyms)
As of October 31, 2016, there were more than 521,000 cases pending in our nation’s immigration courts – the most ever. By comparison, just 10 years ago, there were less than 169,000 cases pending; and five years ago, there were fewer than 300,000. Nationwide, Texas has the second most immigration cases with more than 93,000 total and 11,000 in Dallas. The immigration courts, which are part of the Department of Justice (DOJ), have hired some new immigration judges in 2016, bringing the total number nationwide to around 300. Dallas added one judge, upping the total number to six. But these appointments have been insufficient to address the backlog. On average, immigration judges have 1,500-1,800 pending cases. According to some studies, it would take each judge about 2.5 years to adjudicate all of the current cases in the system. But with more new cases being filed each month than being closed, the backlog continues to grow.
My client Ali came to the United States in early 2011 seeking asylum because government agents in Ethiopia repeatedly arrested and tortured him for his political activities and because he belongs to a minority ethnic group. During one period of detention, government agents whipped him with electric wire and threatened to inject him with HIV-infected blood. His case was referred to the immigration court in June 2012. His hearing was originally scheduled 2 years out from his initial court date, and then cancelled and reset to the spring of next year – more than 5 years after he originally applied for asylum. Meanwhile, back in Ethiopia, police continue to question his mother and brothers regarding his whereabouts. Although Ali appears stoic, a psychological evaluation recently revealed that these repeated delays have taken a significant emotional toll on him.
Continue reading ‘Asylum Backlogs Wreak Havoc with Our Clients’ Lives, Part 2’ »
(This is part one of a two part blog post; to read part two, please follow this link. Please note that all client names are pseudonyms)
Sitting across the conference room table from Imani, we broke the bad news.
“We are so sorry, but your hearing tomorrow is cancelled. It’s been rescheduled to the end of the year.”
She burst into tears. Letting everything out at once, she sputtered, “Why again? Why is this happening?”
None of us were surprised by her reaction. When the call came the prior afternoon, we could not believe it. The court administrator explained that Imani’s hearing was being postponed. Again. Susan, the volunteer attorney who was the lead on Imani’s case, desperately pushed back. “We only have one witness. We think our case will be done in an hour and a half.”
The administrator paused, but stood firm. Without any explanation, the case was rescheduled 11 months out and there was nothing we could do about it. No matter that we had spent countless hours over the past month preparing, and were completely ready to present Imani’s case in court. No matter that this was the second time that her case had been rescheduled at the 11th hour. No matter that each time we prepared Imani for her testimony she had to relive the worst days of her life, when she was arrested in her home country, held for days, and repeatedly raped. No matter that once again, devastated, she would have to wait to see if she would be granted asylum in the United States, securing permanent safety and peace, and finally be able to look ahead with hope.
Continue reading ‘Asylum Backlogs Wreak Havoc with Our Clients’ Lives, Part 1’ »
What if someone told you that by the stroke of a presidential pen, the United States was set to lose at least $433.4 billion from the U.S. gross domestic product over the course of a decade? Would that be a good policy, or even a prudent economic decision? According to a recent study from the Center for American Progress, that’s how much it would cost if Deferred Action for Childhood Arrivals (DACA) was eliminated.
Nearly 750,000 people have been granted DACA by the U.S. Citizenship & Immigration Service (USCIS). DACA has provided many with opportunities that were not available before, including enriching their minds in college, finding gainful employment and providing financially for their families, and paying taxes. DACA has not only been a boon for individuals and their communities, but also for businesses. Since the election, I have personally spoken to several business owners that do not want to see the end of this program and would suffer if they had to lay off critical employees.
Continue reading ‘Business Community: Speak Up on DACA!’ »
There is fear in our communities. In the days following the presidential election, I heard from a lot of people who want to help, but aren’t sure exactly how. Though there are many ways to get involved, I want to offer an example of how a fellow AILA member and I volunteered a couple of weekends ago. Perhaps it will serve as a road map for others to follow.
Two Sundays ago, AILA member Brad Thomson and I spoke at a large community gathering at the St. Mary’s Student Parish in Ann Arbor, Michigan. The event was organized by the fantastic folks at Washtenaw Interfaith Coalition for Immigrant Rights (WICIR) and was supported by a number of other community organizations.
Continue reading ‘Offering the Community Your Expertise Post-Election’ »