Archive for the ‘Immigration, General’ Category.

Say It with Me: It Is Not Illegal to Seek Asylum

Reading this recent Reuters article, from the headline to the end, I’m not sure what offends me most. Is it the Trump Administration’s concerted effort to scare people away from seeking safety in the U.S.? That’s pretty disgusting. Is it the fact that those threats only work if people believe our government would deprive them of the due process promised by our country’s founding principles? Maybe. But, I think what really gets me is the repeated use of the term “illegal” when it comes to families fleeing to the U.S. and seeking refuge under our asylum laws.

It is not illegal to seek asylum.

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ICE Enforcement in Courthouses is a Dangerous Mistake

Immigration and Customs Enforcement (ICE) has been stepping up its enforcement operations, this time in and around courthouses. There have been reports of ICE officers increasingly showing up in courthouses across the country to arrest unsuspecting immigrants. This is a misguided policy…and a dangerous one, for all of us.

The Department of Homeland Security (DHS), supported by Attorney General Sessions, recently defended ICE’s actions, stating that arresting a person in a courthouse better ensures public safety since the person would have already been screened by the courthouse and are less likely to have access to a weapon, resist arrest or flee. Ironically though, this tactic will only backfire. ICE agents appearing at courthouses will have a chilling effect on the administration of the criminal justice process and will actually make us all less safe.

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Our Battles Are Only Beginning

Regardless of the veracity of President Trump’s negative immigration rhetoric, it is undoubtedly sparking and emboldening anti-immigration groups. Constitutional battles that have long been over and won are creeping back with validation from the new administration.

In California, the American Children First organization is leading an initiative that seeks to keep undocumented children out of public schools and to charge undocumented parents of United States citizen children “non-resident” tuition. On April 5, 2017, the  that the organization had filed a notice of intent with the San Bernardino County registrar of voters in order to circulate a petition for their proposed ballot measure. The organization’s founder, Joseph Turner, told the LA Times that he felt  “invigorated” by President Trump and intends to bring these anti-immigration initiatives to the national level by first targeting a small school district. The initiative targets the Yucaipa-Mesa Joint Unified School District, which includes both San Bernardino and Riverside counties.

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Staining America’s Image

Tuesday night, I spoke at a “Know Your Rights” event in Tucson, Arizona, to a large group of concerned and fearful refugees from all over the world, including countries such as Iraq, Eritrea, Ethiopia and Somalia. Afterward, I spoke individually to several of the attendees who expressed anguish about the anti-refugee sentiment being spread throughout the United States by both our state officials and the federal government.

One man explained to me that he came to the U.S. with the impression that we would welcome him. But now he feels unwelcome. He said he loves this country but is worried about what the future may bring to him and his family. It was so disheartening to hear this. Another man told me of the gut-wrenching decision he made to leave his native land. In making this choice, he has separated from his elderly father, and most likely will never be able to see him again as his dad is extremely ill. I had to explain to him that being unified with his father would either require humanitarian parole (unlikely) or take an extremely long time via immigrant petition. While it was incredibly difficult to listen to these stories, the experience once again re-affirmed my personal commitment to help refugees and push for laws and policies that reunite families.

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Why You Need to be in D.C. Next Month

The actions and rhetoric throughout the first weeks of the Trump Administration have placed immigration at the top of the national agenda. Beginning with the three Executive Orders the first week, followed by the chaos at the airports due to the Muslim/refugee ban, and the stark realization that Candidate Trump was now President Trump with the full power of the presidential office behind him, immigration lawyers saw a shift in their everyday lives.

What may have once been a calm and quiet discussion of next steps became a frantic, terrified preparation session “in case” the worst was to happen and a family was torn apart. Business attorneys faced harried calls from Human Resources staff trying to figure out which if any of the presidential orders affected their current or future employees and how to address any gaps.

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Reactions to the President’s Joint Address to Congress

Several members of AILA’s Executive Committee share their reactions to President Trump’s Joint Address to Congress on February 28, 2017:

“We agree that we have to restore integrity and the rule of law to our borders, and especially to the agencies responsible for enforcing that law. The record of disregard for basic rights by officials of Customs and Border Protection (CBP), including warrantless searches and seizures of Americans, demonstrates the urgent need for oversight of enforcement at our borders by Congress and the courts.” Bill Stock

“We should not forget our Nation’s founding principles; we must remain a beacon of hope for the most vulnerable and lead by example, providing a viable and secure system for those seeking to flee persecution and violence.” Annaluisa Padilla

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Change in Policy for Cuban Immigrants

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.

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Why All the Worry Over Senator Sessions as Attorney General?

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 th read more

We Cannot Turn Away from Mesa Verde

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.

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Asylum Backlogs Wreak Havoc with Our Clients’ Lives, Part 2

(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.

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