Via Slate:
On Tuesday, U.S. District Judge Ricardo S. Martinez shot down the federal government’s efforts to strip Daniel Ramirez Medina of his DACA status. Immigrations [Sic] and Customs Enforcement had arrested and detained Ramirez last year, then falsely claimed that he was affiliated with a gang and attempted to deport him. He filed suit, alleging that ICE had violated his due process rights. Martinez agreed. His order barred the federal government from voiding Ramirez’s DACA status, safeguarding his ability to live and work in the United States legally for the foreseeable future. What may be most remarkable about Martinez’s decision, though, is its blunt repudiation of ICE’s main claim—that Ramirez is “gang-affiliated.” The judge did not simply rule against ICE. He accused the agency of lying to a court of law.From the decision:
Most troubling to the Court, is the continued assertion that Mr. Ramirez is gang-affiliated, despite providing no evidence specific to Mr. Ramirez to the Immigration Court in connection with his administrative proceedings, and offering no evidence to this Court to support its assertions four months later. Dkts. #122-1, Ex. D and #129 at 20:20-21:7. Indeed, the Immigration Judge, after reviewing all evidence submitted by respondent, that Mr. Ramirez was credible, and that he was not in a gang or associated with one.
Click here to read the decision.
Thursday, May 17, 2018
Wednesday, May 16, 2018
Trump wants an Immigration Oompa Loompa Now
Via The Hill:
President Trump on Tuesday demanded that Congress make progress on building his signature wall along the Mexican border, underlining his frustration with the lack of legislative progress on immigration.
During a visit to Capitol Hill, Trump called on Congress to beef up border security, crack down on so-called sanctuary cities and end the practice of “catch and release” immigration laws — a slate of ideas that have run into a buzz saw of opposition from Democrats.
“We are calling on Congress to secure our borders, support our border agents, stop sanctuary cities and shut down policies that release violent criminals back into our communities,” Trump said at an event outside the Capitol honoring fallen law enforcement officers. “We don’t want it any longer. We’ve had it. Enough is enough.”
Click here for more.
President Trump on Tuesday demanded that Congress make progress on building his signature wall along the Mexican border, underlining his frustration with the lack of legislative progress on immigration.
During a visit to Capitol Hill, Trump called on Congress to beef up border security, crack down on so-called sanctuary cities and end the practice of “catch and release” immigration laws — a slate of ideas that have run into a buzz saw of opposition from Democrats.
“We are calling on Congress to secure our borders, support our border agents, stop sanctuary cities and shut down policies that release violent criminals back into our communities,” Trump said at an event outside the Capitol honoring fallen law enforcement officers. “We don’t want it any longer. We’ve had it. Enough is enough.”
Rally Calling on New York Legislature to Support the One Day To Protect New Yorkers Act
On May 22nd, the Immigrant Defense Project, Fortune Society, and over 100 advocates and elected officials, are heading to Albany to hold a rally calling on the legislature to support the One Day To Protect New Yorkers Act – a bill that would reduce the maximum sentence for a Class A Misdemeanor by just one day, from 365 to 364.
This small change would give federal immigration judges the authority to exercise discretion in more deportation cases and would protect thousands of New Yorkers facing harsh immigration consequences stemming from a misdemeanor offense.
Please help us spread the word about the rally, and raise awareness of the bill, which could save many vulnerable individuals from being permanently separated from their families and communities. Here's the social media toolkit with sample messaging and graphics to share with your networks.
Trump Administration Preparing to Take Refugee Children from their Mothers
Reminiscent of the Obama administration's strategy of jailing refugee mothers with children fleeing violence in deportation internment camps to "send a message," the Trump administration has decided to up the ante. The Washington Post reports that the Trump administration intends to rip immigrant children from the arms of their mothers when they arrive at our borders and detain them on military bases.
From The Washington Post:
According to an email notification sent to Pentagon staffers, the Department of Health and Human Services (HHS) will make site visits at four military installations in Texas and Arkansas during the next two weeks to evaluate their suitability to shelter children.
The bases would be used for minors under 18 who arrive at the border without an adult relative or after the government has separated them from their parents. HHS is the government agency responsible for providing minors with foster care until another adult relative can assume custody.
Click here for more.
From The Washington Post:
According to an email notification sent to Pentagon staffers, the Department of Health and Human Services (HHS) will make site visits at four military installations in Texas and Arkansas during the next two weeks to evaluate their suitability to shelter children.
The bases would be used for minors under 18 who arrive at the border without an adult relative or after the government has separated them from their parents. HHS is the government agency responsible for providing minors with foster care until another adult relative can assume custody.
Click here for more.
Tuesday, May 15, 2018
ICE and Justice Department to Host Sheriffs for Panel on the 287(g) Program
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Army Chaplain who served in Afghanistan is fighting to save his Husband from Deportation
It appears from the article (if accurate) that there may have been multiple entries without inspection, an order of removal dating back to 2002, and a 2015 alcohol related driving conviction, which would make him a deportation priority. I'll continue to follow this story closely.
Via Newsweek:
A U.S. Army chaplain who served in Afghanistan is fighting to save his husband from deportation after he was arrested by Immigration and Customs Enforcement agents in Charlotte, North Carolina.
Tim Brown, who lives in Sanford, said he had been assured by an ICE agent that his husband, Sergio Avila Rodriguez, would be safe from deportation since he was the spouse of a military officer at a routine appointment with immigration officers on April 18.
"He said, 'Do you think we're going to arrest the spouse of an active-duty Army officer?'" Brown told Newsweek.
That's why he was shocked to receive a call on Thursday, just over a month later, from his husband saying he had been arrested by ICE agents at what he thought would be just another routine meeting.
Click here for more.
Via Newsweek:
A U.S. Army chaplain who served in Afghanistan is fighting to save his husband from deportation after he was arrested by Immigration and Customs Enforcement agents in Charlotte, North Carolina.
Tim Brown, who lives in Sanford, said he had been assured by an ICE agent that his husband, Sergio Avila Rodriguez, would be safe from deportation since he was the spouse of a military officer at a routine appointment with immigration officers on April 18.
"He said, 'Do you think we're going to arrest the spouse of an active-duty Army officer?'" Brown told Newsweek.
That's why he was shocked to receive a call on Thursday, just over a month later, from his husband saying he had been arrested by ICE agents at what he thought would be just another routine meeting.
Click here for more.
Monday, May 14, 2018
ICE Worksite Enforcement Investigations Already Double Over Last Year
WASHINGTON – Less than seven months after U.S. Immigration and Customs Enforcement (ICE) Deputy Director Thomas Homan issued a directive that called for increased worksite enforcement investigations to ensure U.S. businesses maintain a culture of compliance, the agency’s Homeland Security Investigations (HSI) has already doubled the amount of ongoing worksite cases this fiscal year compared to the last fully completed fiscal year.
From Oct. 1, 2017, through May 4, HSI opened 3,510 worksite investigations; initiated 2,282 I-9 audits; and made 594 criminal and 610 administrative worksite-related arrests, respectively. In comparison, for fiscal year 2017 – running October 2016 to September 2017 – HSI opened 1,716 worksite investigations; initiated 1,360 I-9 audits; and made 139 criminal arrests and 172 administrative arrests related to worksite enforcement.
“Our worksite enforcement strategy continues to focus on the criminal prosecution of employers who knowingly break the law, and the use of I-9 audits and civil fines to encourage compliance with the law,” said Acting Executive Associate Director for HSI, Derek N. Benner. “HSI’s worksite enforcement investigators help combat worker exploitation, illegal wages, child labor and other illegal practices.”
ICE is the federal agency responsible for upholding the laws established by the Immigration Reform and Control Act (IRCA) of 1986, which requires employers to verify the identity and work eligibility of all individuals they hire. These laws help protect jobs for U.S. citizens and others who are lawfully employed, eliminate unfair competitive advantages for companies that hire an illegal workforce, and strengthen public safety and national security.
Under federal law, employers are required to verify the identity and employment eligibility of all individuals they hire, and to document that information using the Employment Eligibility Verification Form I-9. ICE uses the I-9 inspection program to promote compliance with the law, part of a comprehensive strategy to address and deter illegal employment. Inspections are one of the most powerful tools the federal government uses to ensure that businesses are complying with U.S. employment laws.
A notice of inspection alerts business owners that ICE is going to audit their hiring records to determine whether they are complying with existing law. Employers are required to produce their company’s I-9s within three business days, after which ICE will conduct an inspection for compliance. If employers are not in compliance with the law, an I-9 inspection of their business will likely result in civil fines and could lay the groundwork for criminal prosecution if they are knowingly violating the law. All workers encountered during these investigations who are unauthorized to remain in the United States are subject to administrative arrest and removal from the country.
Failure to follow the law can result in criminal and civil penalties. In FY17, businesses were ordered to pay $97.6 million in judicial forfeitures, fines and restitution, and $7.8 million in civil fines, including one company whose financial penalties represented the largest payment ever levied in an immigration case.
“Employers need to understand that the integrity of their employment records is just as important to the federal government as the integrity of their tax files and banking records. All industries, regardless of size, location and type are expected to comply with the law,” Benner said. “Worksite enforcement protects jobs for U.S. citizens and others who are lawfully employed, eliminates unfair competitive advantages for companies that hire an illegal workforce, and strengthen public safety and national security.”
HSI’s worksite enforcement strategy includes leveraging the agency’s other investigative disciplines, since worksite investigations can often involve additional criminal activity, such as alien smuggling, human trafficking, money laundering, document fraud, worker exploitation and/or substandard wage and working conditions.
HSI uses a three-pronged approach to worksite enforcement: compliance, from I-9 inspections, civil fines and referrals for debarment; enforcement, through the criminal arrest of employers and administrative arrest of unauthorized workers; and outreach, through the ICE Mutual Agreement between Government and Employers, or IMAGE program, to instill a culture of compliance and accountability.
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