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Matthew Kolken on Deportation And Removal

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  1. Immigration Court Post-Trump Cases Show No Increase

    by , 04-21-2017 at 01:22 PM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC Immigration:

    The latest available court records through the end of March 2017 reveal little observable change in filings since President Trump assumed office. In fact, the pace of DHS issuances of NTAs (notices to appear) that initiate proceedings in Immigration Court under the Trump Administration remain similar to the pace in earlier months under President Obama. Indeed, the monthly numbers of new NTAs under President Trump continues much the same as the levels that prevailed all through the second half of FY 2016[1].

    However, because of filing and recording delays, any estimate of overall trends must be considered very preliminary in nature[2]. Indeed, just over half of the NTAs filed during the post-Trump period still reflect NTAs initiated under President Obama. These results are based upon the latest case-by-case court records obtained under the Freedom of Information Act and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.


    The court's records reveal that since Trump assumed office, a total of 25,942 cases have been initiated by DHS seeking removal orders. This represents the number of DHS Notices to Appear (NTAs), or comparable forms, dated after January 20, 2017 that had been filed in court as of the end of March 2017. NTAs are the official notification to an individual that DHS is seeking to deport them. NTAs dated after Trump assumed the presidency and that have already been filed and recorded by the court are referred to as "Trump" cases." In contrast, court-recorded NTAs dated during FY 2017 but before Trump assumed office are denoted as "Obama" cases.


    While the pace of filings remains unchanged, there has been a sharp change between Trump and Obama cases in whether individuals are detained by Immigration and Customs Enforcement (ICE) while their cases are pending. At the time of the court filing the majority (54%) of Obama's cases were not detained. This was true for only a quarter (25%) of Trump's cases. Most of the remaining individuals were still detained. Figure 1 compares the detention status of Obama versus Trump cases as of the end of March 2017.




    Click here for the rest of the report.
  2. Federal Court Temporarily Blocks Deportation of Four Children and their Mothers

    by , 04-20-2017 at 09:02 AM (Matthew Kolken on Deportation And Removal)
    Via Amnesty International:

    A judge today temporarily blocked the federal government from deporting four families who fled violence to seek asylum in the United States. The government was cleared to move forward with the deportations after the U.S. Supreme Court earlier this week refused to hear a case on the matter. With today’s order, the four children and their mothers will not be deported while they continue fighting to get asylum in the U.S.

    While pressing the Department of Homeland Security to stop detaining families when they come to the U.S. seeking asylum, Amnesty International recently launched a campaign to release the four families, who have been held for more than 500 days at Berks County Residential Center in Pennsylvania.


    “It’s immoral and unlawful to lock up mothers and their young children and then deport them without ever giving their asylum claims a full hearing, but that’s what the U.S. government is trying to do to these four families and countless others,” said Margaret Huang, executive director of Amnesty International USA. “These families have come to this country fleeing unimaginable violence, and under longstanding international agreements the U.S. has to respect their human rights while hearing their cases. This ruling is obviously a huge relief for these four families in the short term, but the Department of Homeland Security must immediately change its policies and stop detaining families seeking asylum.”

    Click here to view the class action complaint that argues:

    In defiance of common sense, clear Congressional intent, applicable case law, and even a mere scintilla of human decency, Defendants, without justification and or authorization, continue to illegally and indefinitely detain SIJ children up to and until the point at which Defendants can ship the kids back "home"-places Defendants previously determined would not be in the children's best interest to be returned to.

    Hats off to Bridget Cambria, Carol Anne Mauer Donohoe, Jackie Kline, and Michael Edelman, and everyone else that has tirelessly worked to fight for these mothers and children.
  3. Where Was Tom Perez When Obama Deported Kids?

    by , 04-20-2017 at 06:27 AM (Matthew Kolken on Deportation And Removal)
    Well... Mr. Perez was Obama’s Secretary of Labor.

    Via The Daily Beast:

    Immigration
    attorneys are criticizing the newly minted head of the Democratic National Committee for recent attacks on the Trump administration over a deportation, arguing he was silent on the issue during Obama’s presidency.

    Tom Perez, the new DNC chair who was Obama’s labor secretary from 2013 to 2017, ripped into Trump on April 20 over a USA Today report about the deportation of a man who reportedly should have been shielded from deportation by the Deferred Action for Childhood Arrivals (DACA) program. But immigration lawyers who spoke to The Daily Beast said the deportation at issue probably would have played out the same way if Barack Obama were president—and that Democratic political operatives, including Perez, were silent when DACA recipients were deported under his administration.

    What exactly was going on during the Obama Administration? And let's not engage in revisionist history:

    [Obama] acknowledged that his Administration was, in fact, arresting and deporting these young people and shockingly told a high school honors student facing deportation that if she had a problem with it, she could call her Congressman. This was an opportunity for leadership, not a time to play hot potato.

    Obama was also deporting actual United States citizens. Over 4,000 of them in 2010 alone. And don't forget about jailing children in deportation internment camps. I wonder what Mr. Perez though of that?

    But it is comforting to know that Mr. Perez is suddenly outraged by deportations now that a Republican is in control of the deportation apparatus.
  4. ICE Arrests of Noncriminals Plummet under Trump Administration

    by , 04-19-2017 at 09:05 AM (Matthew Kolken on Deportation And Removal)
    Via immigration lawyer Bryan Johnson:

    Immigration Arrests of noncriminals dropped by 13% under the Trump administration, compared with the overall percentage of noncriminals arrested from 2009 to 2016 under the Obama administration, according to statistics provided to the Washington Post as well and the Senate Judiciary Committee:





    Mr. Johnson explains that:

    Arrests of noncriminals this year are much, much lower than the peak enforcement years of the Obama administration.

    As a matter of percentage, under Trump, ICE arrests of noncriminals account for 25.47% of of total arrests. (5441 out of 21,362)


    In the year of 2014 in the same time period, under Obama, ICE arrests of noncriminals accounted for slightly less than .1% more, at 25.6% of total arrests (7,482 out of 29,328).

    Click here to read his entire analysis.
  5. BIA Rules Deportation Priorities May Not Be Considered by Immigration Judges

    by , 04-18-2017 at 02:11 PM (Matthew Kolken on Deportation And Removal)
    This is an important case.

    Matter of W-Y-U-
    , 27 I&N Dec. 17 (BIA 2017)
    :

    (1) The primary consideration for an Immigration Judge in evaluating whether to administratively close or recalendar proceedings is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed and be resolved on the merits. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), clarified.

    (2) In considering administrative closure, an Immigration Judge cannot review whether an alien falls within the enforcement priorities of the Department of Homeland Security, which has exclusive jurisdiction over matters of prosecutorial discretion.

    Click here to read the entire decision.

    Updated 04-18-2017 at 02:14 PM by MKolken

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