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Matthew Kolken on Deportation And Removal


  1. Lawyer Submits Request to Discipline Pediatricians at Deportation Jail for Children

    by , 10-06-2015 at 08:56 AM (Matthew Kolken on Deportation And Removal)
    Immigration lawyer Bryan S. Johnson, has submitted a request to discipline Dr. Rochelle Flynn, MD (License No. N3643); Dr. Rosa Colon, MD ( License No. BP10045161); Dr. Adolfo Carvajal, MD (License No. J8497); Dr. Luis Ortega, MD (None in Texas); and Dr. Benjamin Aguilar, PhD (License No. 33718) alleging the infliction of "severe physical and mental harm" on their client, a 12-year-old immigrant child, detained in a family deportation jail.

  2. AIC: Just-Released Customs and Border Protection Standards Still Lack Accountability

    by , 10-05-2015 at 01:15 PM (Matthew Kolken on Deportation And Removal)
    For Immediate Release

    October 5, 2015

    Washington, D.C
    .—Today, U.S. Customs and Border Protection (CBP) released its long-awaited, new National Standards on Transport, Escort, Detention and Search (TEDS), which govern the transfer of individuals in CBP custody, procedures for handling such individuals’ belongings, conditions in CBP detention facilities, and personal searches.

    The following is a statement from Beth Werlin, Policy Director at the American Immigration Council:

    “While we commend CBP for publicly releasing its long-awaited TEDS standards, the Council has significant concerns regarding the broad discretion given to CBP officers and agents. In addition, the standards do not fix the long-standing lack of oversight and independent monitoring mechanisms, which are desperately needed to promote greater accountability on the part of the nation’s largest law enforcement agency. The Council will pay close attention to CBP’s implementation of TEDS.”


    For press inquiries, contact Wendy Feliz at wfeliz@immcouncil.org or 202-507-7524.
  3. Modern Immigration Wave Brings 59 Million Driving Population Growth Through 2065

    by , 09-28-2015 at 08:30 AM (Matthew Kolken on Deportation And Removal)
    Media Contact: Molly Rohal, 202-419-4372, mrohal@pewresearch.org

    Modern Immigration Wave Brings 59 Million to U.S., Driving Population Growth and Change Through 2065
    New Survey Shows Views of Immigration’s Impact on U.S. Society Mixed

    Fifty years after passage of the landmark Immigration and Nationality Act that rewrote U.S. immigration policy, nearly 59 million immigrants have arrived in the United States, pushing the country’s foreign-born share to a near-record 14%, according to a new Pew Research Center report. For the past half-century, these modern-era immigrants and their descendants have accounted for just over half (55%) of the nation’s population growth and have reshaped its racial and ethnic composition.

    Between 1965 and 2015, new immigrants, their children and their grandchildren added 72 million people to the nation’s population as it grew from 193 million in 1965 to 324 million in 2015. Looking ahead, new Pew Research Center U.S. population projections show that if current demographic trends continue, future immigrants and their descendants will be an even bigger source of population growth. Between 2015 and 2065, they are projected to account for 88% of the U.S. population increase, or 103 million people, as the nation grows to 441 million.

    The 1965 Immigration and Nationality Act made significant changes to U.S. immigration policy by sweeping away a long-standing national origins quota system that favored immigrants from Europe and replacing it with one that emphasized family reunification and skilled immigrants. Among immigrants who have arrived since 1965, half (51%) are from Latin America and one-quarter are from Asia.

    As a result of its changed makeup and rapid growth, new immigration since 1965 has altered the nation’s racial and ethnic composition. In 1965, 84% of Americans were non-Hispanic whites. By 2015, that share had declined to 62%. Meanwhile, the Hispanic share of the U.S. population rose from 4% in 1965 to 18% in 2015. Asians also saw their share rise, from less than 1% in 1965 to 6% in 2015. The Pew Research Center analysis shows that without any post-1965 immigration, the nation’s racial and ethnic composition would be very different today: 75% white, 14% black, 8% Hispanic and less than 1% Asian.

    By 2065, the composition of the nation’s immigrant population will change again. Asians are expected to become the largest immigrant group by 2055, surpassing Hispanics. Asian immigrants are projected to make up 38% of the foreign-born population by 2065, while the Hispanic share is expected to fall to 31%.

    The country’s overall population will feel the impact of these future shifts. Non-Hispanic whites are projected to become less than half of the U.S. population by 2055 and 46% by 2065. By then, no racial or ethnic group will constitute a majority of the U.S. population. Meanwhile, Hispanics will see their population share rise to 24% by 2065 from 18% today, while Asians will see their share rise to 14% by 2065 from 6% today.

    These are some key findings of a new Pew Research Center analysis of U.S. Census Bureau data and new Pew Research Center U.S. population projections through 2065, which provide a 100-year look at immigration’s impact on population growth and on racial and ethnic change. In addition, this report uses new data from a survey conducted from March 16 to April 6 using Pew Research Center’s American Trends Panel to examine U.S. public attitudes toward immigration. It also employs census data to analyze changes in the characteristics of recently arrived immigrants and paint a statistical portrait of the historical and 2013 foreign-born populations.

    Among the findings:

    · The U.S. has – by far – the world’s largest immigrant population, holding about one-in-five global immigrants. Immigration since 1965 has swelled the nation’s foreign-born population from 9.6 million then to a record 45 million in 2015. By 2065, the U.S. will have 78 million immigrants, according to the new Pew Research Center population projections.
    · For the U.S. public, views of immigrants and their impact on U.S. society are mixed. Overall, 45% of Americans say immigrants in the U.S. are making American society better in the long run, while 37% say they are making it worse (16% say immigrants are not having much effect).
    · Half of Americans want to see immigration to the U.S. reduced (49%). Eight-in-ten (82%) say the U.S. immigration system either needs major changes or it needs to be completely rebuilt.
    · The source region of today’s newly arrived immigrants is markedly different than that of new arrivals in previous decades. Asia currently is the largest source region among recently arrived immigrants and has been since 2011. Before then, the largest source region since 1990 had been Central and South America, fueled by record levels of Mexican migration that have since slowed. The share of new arrivals who are Hispanic is now at its lowest level in 50 years.
    · The foreign-born population has become more evenly dispersed across the country over time. Nearly half of immigrants (47%) lived in the Northeast in 1960, but only 22% did so in 2013. The share living in the South, meanwhile, increased from 10% in 1960 to 32% in 2013. Even so, the five U.S. counties with the largest foreign-born populations in 2013 (Los Angeles County, Calif.; Miami-Dade County, Fla.; Cook County, Ill.; Queens County, N.Y.; and Harris County, Tex.) accounted for fully 20% of the U.S. immigrant population (down from 30% in 1990).

    The report is for immediate release and is available at http://www.pewhispanic.org/2015/09/2...-through-2065/.

    Accompanying the report are two embeddable interactives. The first is a legislative timeline highlighting key U.S. immigration policy legislation and executive actions since 1790: http://www.pewhispanic.org/2015/09/2...ons-1790-2014/. The second is an interactive map showing, at the state level, the largest immigrant group in each state from 1850 through 2013:http://www.pewhispanic.org/2015/09/2...-1850-to-2013/.

    For more information or to arrange an interview, please contact Molly Rohal at mrohal@pewresearch.org or 202-419-4372.

    Pew Research Center is a nonpartisan “fact tank” that informs the public about the issues, attitudes and trends shaping America and the world. It does not take policy positions. The center is a subsidiary of The Pew Charitable Trusts, its primary funder.
  4. CATO Institute: The Successes, Failures, and Lessons from the Immigration Act of 1965

    by , 09-24-2015 at 12:48 PM (Matthew Kolken on Deportation And Removal)
    Featuring Bill Richardson, co-chair of the ACAlliance; formerly Governor of New Mexico, Secretary of Energy, and U.S. Ambassador to the United Nations; Jim Gilmore, 2016 Republican Presidential Candidate, and former Governor of Virginia; Ruben Navarrette, Jr., syndicated columnist and a member of the USA Today Board of Contributors; Grover Norquist, President, Americans for Tax Reform; Matthew Kolken, Managing Partner of the immigration law firm of Kolken & Kolken, and the author of the Deportation and Removal Blog; Richard Boswell, Associate Dean for Global Programs, University of California Hastings College of Law; Erika Lee, Director of the Immigration History Research Center, and the Rudolph J. Vecoli Chair in Immigration History at the University of Minnesota; Mark Hugo Lopez, Director of Hispanic Research, Pew Research Center; Philip E. Wolgin, Associate Director, Immigration, Center for American Progress; and Alex Nowrasteh, Immigration Policy Analyst, Cato Institute Center for Global Liberty and Prosperity.

    On October 3rd, 1965, President Lyndon Baines Johnson signed the Immigration Act of 1965 into law. Widely viewed as a component of the Civil Rights Movement, the 1965 Act liberalized immigration and replaced the last eugenics-inspired portions of the Immigration Act of 1924. For the first time in generations, immigrants from Western Europe were not given legal preference over those from Asia and the rest of the developing world.

    This special conference, commemorating the passage of this landmark law 50 years ago, will bring together leading researchers, journalists, and policymakers to examine the effects of the law’s legal reforms and how they can help guide Americans in reforming our immigration system today. Major topics that will be covered include:

    • How the Immigration Act of 1965 affected the demographics and economy of the United States
    • Lessons learned from the 1965 Act since its implementation
    • How these lessons inform discussions of immigration reform in the 21st century

    Please join our distinguished speakers on Friday, October 2, to discuss these and related issues.

    Click here
    for the conference schedule.

    Updated 09-25-2015 at 07:16 AM by MKolken

  5. Bipartisan Report: Obama Admin Committing Egregious Civil Rights Violations

    by , 09-22-2015 at 09:07 AM (Matthew Kolken on Deportation And Removal)
    A bipartisan U.S. Commission on Civil Rights has issued a new statutory enforcement report entitled "With Liberty and Justice for All: The State of Civil Rights at Immigration Detention Facilities." The report found that the Obama administration is committing egregious civil rights violations against immigrant detainees. Such abuses include denial of medical care, providing cold and spoiled maggot infested food resulting in severe weight loss, lack of due process, and allegations of sexual assault.

    From the report's conclusion:

    Based on the testimony provided by expert witnesses, independent reports, civil rights organizations, clergy, Commission fact-finding visits, and news articles gathered during this study, the Commission finds that:

    • Certain ICE facilities are not fully complying with medical standards established by the Performance-Based National Detention Standards 2011 (PBNDS 2011).
    • Certain ICE facilities are not adhering to the PBDS 2011 standards that are specific to the LGBT detainee community.
    • Certain ICE-owned detention facilities are not providing adequate legal information or presentations about detainee rights for their detained population.
    • A further study needs to be conducted on the food services offered at ICE-owned detention facilities.
    • Certain privately owned detention centers are not complying with DHS detention standards. However, a deeper examination must be done to determine the extent that the federally contracted facilities deviate from federally mandated standards for medical care of detainees.
    • Certain privately owned detention facilities are not adhering to any set standard and are not providing detainees with nutritious food.
    • Deeper examination is required regarding ICE privately contracted detention facility compliance with their respective contract provision’s mandated detention standard.

    As for immigrant children that are being jailed the report found: "Based on the research and evidence stated above, the Commission finds that:

    • Certain DHS and its agency’s component offices are not fully complying with the Flores Settlement Agreement Standards.
    • Additional studies must be conducted regarding ORR staff treatment and interactions with unaccompanied alien children.
    • Additional studies must be conducted regarding ORR’s corrective action plans.

    Regarding allegations of rape of immigrant detainees the report found that there is a lack of transparency during the investigation or punishment phases when a rape is reported, data collection remains spotty and inconsistent finding that:

    • ICE’s lacks of transparency regarding their contracts with private detention companies inhibits the assurance that Prison Rape Elimination Act of 2003 (PREA) standards are being properly implemented.
    • ICE lack accountability in complying with PREA inspection policies because such reports are not made publicly available.
    • Further research must be conducted to determine whether ICE is complying with PREA solitary confinement policies for children.
    • Further research must be conducted to determine whether DHS complying with PREA standards concerning the treatment of transgender and intersex individuals.
    • DHS employees who interact with detained immigrants may not be insufficiently trained to handle and interact with the various political, cultural, and socioeconomic differences between detained immigrants from various countries.The Commission further finds that this insufficient training inhibits DHS fromfully complying with PREA language requirements.
    • DHS’s current practice surrounding the distribution and content of detainee“Know your Rights” materials may not be sufficiently providing or informing all detained immigrants concerning their rights because the materials are not available or explained in indigenous languages under DHS PREA Subpart A (6C.F.R. § 115.32).
    • The Commission further finds that CBP must ensure any documents applicable to DHS PREA Subpart B (6 C.F.R. § 115.132) be available in indigenous languages.
    • The Commission finds that DHS may not be providing detainees with adequate avenues to report sexual assault or abuse. Moreover, the Commission finds that DHS may be inadequately addressing staff misconduct with regards to sexual assault and abuse.
    • A more detailed study must be done studying DHS detention and holding facility compliance with PREA standards.

    The report also found that the Obama administration's treatment of detained immigrants may be inconsistent with the Fifth Amendment’s right not to be deprived of liberty without due process of law. They specifically found that the Obama administration policies are "affecting a detained immigrant’s ability to obtain counsel may rise to a level where a court would find such practices to bein consistent with the Fifth Amendment’s Due Process Clause." They also specifically found evidence that the Obama administration is interfering with an attorney’s ability to represent clients.

    Click here to read the entire report. Needless to say, it isn't pretty.

    Updated 09-22-2015 at 09:44 AM by MKolken

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