Archive for the ‘Border Enforcement’ Category.

Outrage

shutterstock_294714656

“Apurar, cielos, pretendo,

Por qué me tratáis así,

qué delito cometí

contra vosotros naciendo.

Aunque si nací, ya entiendo

qué delito he cometido;

bastante causa ha tenido

vuestra justicia y rigor,

Pues el delito mayor

del hombre es haber nacido.” ~ by Pedro Calderón de la Barca

Outrage is the only word that comes to mind to describe the Obama Administration’s recent admission that they are aggressively pursuing enforcement against families and children. Immigration and Customs Enforcement (ICE) has launched a 30-day “surge” of arrests focused on mothers and children who have been ordered removed by an immigration judge. It was also reported that the operation would cover minors who have entered the country without a guardian and since turned 18 years of age.

Continue reading ‘Outrage’ »

ICE Fights to Detain and Deport Teenage Girl Despite Stay

FB_IMG_1454041598864Kimberly was just 17 when she went in front of an Atlanta immigration judge and was told she would be deported. There was no legal orientation. No one asked her why she left her native Honduras or whether she was afraid to be sent back there. Even the lawyer her family hired didn’t tell her she could fight her case—and worse, actually asked the judge to order her removed.

Now, after nearly two months in a for-profit immigration jail in Irwin County, Georgia—under conditions that would make you weep—Kimberly is literally fighting for her life. And by the time you read this, she may already be gone.

In 2014, Kimberly fled Honduras with her little sister—gang members had threatened to take her as their sexual property. At best, Kimberly could expect to be passed from man to man, but girls who don’t submit are often kidnapped, gang-raped and murdered, their mutilated bodies left as a warning to others. Honduras was the murder capital of the world in 2013—our own State Department recognizes a host of human rights violations, including killings, weak law enforcement and judiciary systems, and abuse and violence against women. There are few, if any protections from a government that is both corrupted and outgunned by gangs notorious for targeting women and girls. Physicians for Human Rights shared the UN Special Rapporteur on Violence against Women report, which noted “violent deaths of women in Honduras had increased 263.4 percent between 2005 and 2013, and there is a 95 percent impunity rate for sexual violence and femicide crimes.” Knowing there wasn’t anything anyone could do to protect her, Kimberly escaped to the United States.

Continue reading ‘ICE Fights to Detain and Deport Teenage Girl Despite Stay’ »

What Asylum Law is About

shutterstock_272600546I’m an asylum lawyer.  Every day I fight for victims of persecution and torture from all over the world.  I listen to their stories and I give them a voice.  Perhaps some of the most compelling and most amazing stories of survival have been those of women – women from the Middle East fleeing the threat of honor killings and the complete abdication of their rights, women from Africa and the Middle East fleeing tribal practices that mutilate their bodies, women from Eastern Europe and East Asia fleeing forced prostitution and sex trafficking, and women from Central America fleeing domestic violence and their positions as the property of their male family members – all harm meant to relegate and maintain women as second class citizens in their societies…all harm that is permitted and even encouraged by their governments.

Continue reading ‘What Asylum Law is About’ »

For Many, “Beautiful Honduras” Isn’t.

shutterstock_59018533A couple of weeks ago, I read a piece in the Huffington Post quoting Wisconsin Senator Ron Johnson saying that it’s okay to deport kids to Honduras because it’s “a beautiful country.” Reading this ridiculous comment, I felt I had to share my knowledge of what is driving children to flee their homes.

The reality is Tegucigalpa, Honduras, is one of the most dangerous cities in the world. Plagued by poverty, infested with deported violent criminals and gang members, its corrupt government fails to protect its citizens. I saw firsthand the plight of many in Honduras when I traveled to the Bay Islands on two separate occasions as an avid scuba diver a few years ago.

Continue reading ‘For Many, “Beautiful Honduras” Isn’t.’ »

When the Narrative Shifts

11148730_10153682735318632_5462661337177844069_nI joined AILA’s Executive Committee with quite a bit of media experience under my belt. One thing I’ve known for a long time is that the news cycle can turn on a dime and what you may have thought you’d be talking about with a reporter can change, sometimes mid-interview.

As an example – AILA’s annual New York City Media Tour was planned to coincide with the one year anniversary of DAPA and expanded DACA. AILA staff analyzed President Obama’s immigration actions during his term in office and we issued a report card highlighting where he had made a good effort (DACA and DAPA again) and where he had failed (humanitarian protection and family detention), while also highlighting what was still incomplete (legal immigration reform) and unsatisfactory (enforcement). The tour was all set, appointments were made, preparations in place.

And then, attacks in Beirut and Paris happened and the backlash against refugees started. We knew the news cycle wasn’t going to be focused on executive actions on immigration anymore; instead, we read stories and watched interviews that were chock full of fearmongering and hateful speech, of lashing out and calling for isolation.

We talked, we strategized, and we went forward with the report card, but we also accepted the shift and made sure that AILA’s voice was heard.

Continue reading ‘When the Narrative Shifts’ »

Beirut and Paris, What Can We Do?

Syrian-refugee-crisis_crcleThe recent events in Beirut, Baghdad and Paris have brought feelings of frustration, anger, sadness, and helplessness. While these feelings in the coming weeks may subside and take a backseat to the holiday season, they will not entirely go away. And, they shouldn’t. The thought that there has to be something we can do, something we can fight for, will hopefully remain. Many of us are up every night thinking and talking at length about these events and their impact. This is, of course, much bigger than we are but it does not mean that we cannot or should not do anything. We need to do something.

Because this impacts all of us, especially the immigration bar, we need to start a larger discussion. We need to speak out against this xenophobic anti-refugee, anti-Muslim backlash.  We need to be open, be frank, be courageous and be hopeful. We need a deeper conversation among each other, within our communities and with those who do not share the same perspective. There is so much misinformation and misuse of facts. Fear and lack of understanding is dictating impulsive and hateful actions. Many in Congress are aiming to halt the refugee resettlement program for those from Iraq and Syria, while millions of refugees are desperately asking for help. Governors in 31 states are touting that they want to close their doors to Syrian refugees, with one governor already turning two families away. And, this is just the beginning. As immigration professionals, we are in a position to highlight the facts, speak the truth, and hold our elected officials accountable. We understand the immigration system better than anyone—we know the intricacies, the process, and what is required.

Continue reading ‘Beirut and Paris, What Can We Do?’ »

Building Bridges Rather than Walls

shutterstock_104467115Congratulations to the people and elected representatives of San Diego.

As many of us know in the immigration field, it is so easy for politicians, press and the public to demonize and scapegoat immigrants of all colors, creeds, and convictions.  For years we have heard the loud cries to “build a bigger wall” or “build more walls” in order to protect American communities on the U.S.-Mexico border.  But walls aren’t always the answer, and San Diego has had enough of being told what is good for them by bureaucrats who live far from the border and carry a different agenda.

Continue reading ‘Building Bridges Rather than Walls’ »

Understanding the Mindset

shutterstock_255315073 2On May 5 and 6, 2015, Ryan Hutton and Rafael Henry from Customs and Border Protection (CBP) Headquarters invited a group of AILA members to attend a southern border tour in Texas. On the first day, we visited the land border crossing at the Hidalgo Port of Entry, and on the second day we visited the Brownsville Port of Entry, which includes land, rail and sea crossings. The personnel at both ports were extremely welcoming and spent several hours demonstrating the use of their inspection procedures and equipment. We witnessed not only immigration inspections but also screenings for contraband, Customs violations, and agricultural pests.

As we walked through the ports, we were able to speak with various specialists. For example, an X-ray scanner showed us images of truck cargo and pointed out instances in which drugs were concealed within various compartments of vehicles. (These were about as easy for the untrained eye to spot as babies’ organs on an ultrasound image: not very). We also witnessed the wanton destruction of several luscious mangoes by a skilled agricultural inspector checking for insect larvae. He told us he had chopped up so many mangoes in his career that he can no longer eat them (a travesty).

As the tours progressed, a theme began to emerge. Regardless of which type of specialist we spoke to, each one expressed an awareness that the vast majority of travelers and/or cargo screened were compliant with federal regulations for admission. Each specialist was trained to look for the proverbial needle in the haystack—the one traveler (or poor, sweet mango) that was not compliant. As attorneys who deal exclusively with the immigration piece of border issues, it is helpful to be aware of this pervasive mindset. Inspectors at the border have a mental construct of a “good” case or applicant and when questioning a traveler, they are looking for something out of the ordinary, something that doesn’t sit right, doesn’t fit the mold, seems to be concealing something.

A twin theme was a layered approach to screening. Travelers and cargo are first given a cursory inspection at the primary inspection booth. Officers typically clear each vehicle in under 1 minute. Their job is to quickly clear travelers who do not raise any red flags while referring questionable vehicles or individuals to secondary inspection. All of the screening equipment reflects this two tiered approach. For example, each officer at primary inspection wears a small device on his belt that detects radiation. These devices will go off in the vicinity of any radioactive material, but they cannot detect which radioactive isotope set off the alarm. That is not the role at primary: they just say “whoop-whoop-whoop- PROBLEM!” and send the person inside. Then inside, CBP has more specialized equipment that is capable of determining the exact radioactive isotope and whether it is the result of medical imaging or a nuclear weapon. Again, there is a parallel in this procedure to the screening of applicants for immigration benefits. That is, officers at primary inspection are trained to ask cursory questions to determine whether someone needs to spend more time with an officer. If someone is coming in to buy groceries, and there are no red flags, they likely will be admitted very quickly. But anyone who needs an I-94 will be sent to secondary, as will anyone who cannot immediately be cleared.

It is extremely helpful to us as attorneys to understand this law enforcement mindset, and the way officers are trained to issue spot. It helps us to better prepare our clients for the inspection process and to understand how to present themselves at the port of entry when seeking immigration benefits. It is also beneficial to understand how this process fits within CBP’s wider law enforcement mission.

Written by Danielle Rizzo, Vice Chair, AILA CBP Liaison Committee

Borderland Preservation or Destruction?

shutterstock_269393675If you can look past the ugly politics in Arizona, it is truly a beautiful place to live and work. I have resided in Tucson, Arizona, for most of my life and there are times when I’ll be driving, hiking or running in the surrounding wilderness and the scenery is breathtaking. The saguaro cactus, the javelina, the bobcats and the rattlesnakes are some of the unique aspects of the Sonoran Desert ecology.  Sadly, over the past decades this stunning background has been slowly decaying with increased militarization and more border patrol vehicles, drones, surveillance and detection equipment scattering the desert panorama. If the border security bill, S. 750, becomes law—and it just passed out of the Senate Homeland Security Committee–it would further eviscerate the beauty of the millions of acres of federal land in the Yuma and Tucson Border Patrol sectors.

S. 750 (“Arizona Borderlands Protection and Preservation Act”) is a bill that was written by Arizona Senator John McCain. In spite of its name, it may very well have the opposite impact on protection and preservation of the desert. It would give 100% access for the “functioning and operational capability to conduct continuous and integrated manned or unmanned, monitoring, sensing, or surveillance” by the U.S. Border Patrol. That includes national parks, national forests, national wildlife refuges, national monuments and other public lands. This bill permits widespread deployment of communications, routine motorized patrols and surveillance that could encroach upon the sacred tribal lands of the Tohono O’odham and the Pasqua Yaqui.

S. 750 is a bad idea and should be opposed!

Most frightening from an immigration viewpoint is the completely infeasible sealed border that Sen. McCain wants in the bill, a standard that DHS Secretary Johnson says is “unworkable” and that N. Korea and other totalitarian regimes with a shoot to kill practice can’t even achieve. Instead of attempting to pass piecemeal border security bills, Senators McCain and Flake should be re-focusing their immigration-related efforts on trying to rekindle the push for comprehensive and common-sense solutions. The business community is struggling to bring or retain high-skilled workers in the wake of the 2015 H-1B filing debacle where 233,000 applications were filed and more than 2/3rds of these applications (plus the filing fees) are being rejected due to an antiquated quota system. Ultimately, this only hurts our nation’s economy.

The agriculture community has been pressing for their own visa reforms and the need for a modernized guest worker program and potential path to a green card.  The family-based immigration system is a mess and in dire need of changes. Millions of hard-working, deserving undocumented individuals remain in limbo. So, rather than trying to push for a straight border security bill that would ultimately increase the militarization on the border and have a negative impact on the desert environment, I respectfully ask that the two Arizona senators look at the bigger picture as they did in 2013 and avoid the unworkable border-security-above-all approach to reform.

Written by Mo Goldman, Chair, AILA Media-Advocacy Committee

It’s Our Security, Stupid

shutterstock_126785846I find myself in the unusual position today of agreeing with Rep. Peter King (R-NY) in his NY Daily News Op-Ed Wednesday (Guest column: Brooklyn terror suspects show it’s insane to not approve money for Homeland Security ) where he argues that security of the United States is too important and that funding the Department of Homeland Security (DHS) is essential to protect our country.  He is right.  As we sit back and watch the latest drama unfold on Capitol Hill, one cannot but wonder why funding our national security would ever become a political issue.  Clearly it is in our nation’s best interest to fund the agency which is responsible for protecting the homeland from terrorist attack.   Now more than ever Congress should recognize that terrorism can happen in the West and is being called upon by radical leaders abroad.  All they need to do is look at our friends in France, Holland and Canada to see recent examples of attacks on innocent civilians and local police.  Moreover, recently the terrorist group Al Shabaab called for an attack on American civilians in shopping malls such as the Mall of America.  Rep. King points out the need to fund DHS based on the three individuals who were arrested recently in New York City who planned to travel to Syria to fight with ISIL or attack American civilians in New York if they could not reach Syria.  Rep. King is properly putting the people of New York and America ahead of a political agenda.

Regardless of one’s position on the legality of President Obama’s Executive Action memos or immigration in general, we should all be able to agree as Americans that the safety and protection of the people of the United States is a priority regardless of political party.  As I write this, Congress is on a path to fund DHS for only three weeks.  It is unfortunate that members of Congress continue to gamble with national security and our lives to advance individual political gain.  We can only sit back and grit our teeth as the critical votes start to line up before a dysfunctional Congress that is putting party politics before American lives and wellbeing.

Rep. King correctly notes that “you don’t have to be a genius to carry out a terrorist attack.”  You also don’t have to be a genius to understand that national security and the safety of America is more important than petty partisan politics.  Rep. King gets it. Unfortunately, it seems there are not enough members of Congress who want to stand up and represent the American people rather than their individual parties and anti-immigration politics.  We can only hope their selfish gamble doesn’t cost American lives.

Written by Matthew Maiona, Member, AILA Media Advocacy Committee