ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Matthew Kolken on Deportation And Removal

description

  1. Visa Issuance from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen Suspended

    by , 01-30-2017 at 03:33 PM (Matthew Kolken on Deportation And Removal)
    The following via the US Embassy Djibouti:

    Updated on 28 January 2017


    Urgent Notice: Per U.S. Presidential Executive Order signed on January 27, 2017, visa issuance to aliens from the countries of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen has been suspended effective immediately until further notification. If you are a national, or dual national, of one of these countries, please do not schedule a visa appointment or pay any visa fees at this time. If you already have an appointment scheduled, please DO NOT ATTEND your appointment as we will not be able to proceed with your visa interview.

  2. Senators Request Investigation into DHS Implementation of Trump’s Executive Order

    by , 01-30-2017 at 11:52 AM (Matthew Kolken on Deportation And Removal)
    FOR IMMEDIATE RELEASE
    January 29, 2017
    Contact: Sean Savett (Duckworth), (202) 256-2935
    Monica Garcia (Durbin), (202) 224-7028

    Duckworth & Durbin Request Immediate Investigation into Department of Homeland Security’s Implementation of Trump’s Executive Order

    [CHICAGO, IL] – U.S. Senators Tammy Duckworth (D-IL) and Dick Durbin (D-IL) today called on the U.S. Department of Homeland Security’s (DHS) Office of Inspector General to immediately initiate an independent investigation into the agency’s potentially illegal implementation of President Trump’s executive order. This rushed and poorly drafted Trump Administration initiative endangers our national security by limiting travel from certain Muslim-majority countries, and it may violate long-standing immigration law in its treatment of legal permanent residents by undermining vital rights like due process and equal protection that are guaranteed by the United States Constitution. On the day after the executive order was issued, approximately 18 people were detained at O’Hare International Airport, including several legal permanent residents.

    “The chaotic execution of this [Executive Order] … raises serious concerns in regard to whether taxpayer dollars were efficiently and effectively spent, rather than wasted on unwarranted and unjust detentions of lawful permanent residents (LPRs) and others who posed no security threat, and who had already been authorized by the United States Government to enter our country,” Duckworth and Durbin wrote. “We are deeply concerned by [Customs and Border Protection’s] failure to respond to time-sensitive Congressional oversight inquiries and allegations that the agency refused to permit attorneys to meet with detained LPRs at O’Hare and other airports across the country.”

    The Senators’ letter requests an investigation into:

    · How DHS & the U.S. Customs and Border Protection (CBP) prepared to implement the executive order and what guidance they provided to the White House during development of it;
    · What guidance and training was provided to CBP employees to make sure the executive order was implemented in a consistent and fair manner that protected the constitutional rights of all detained individuals;
    · How DHS & CBP determined which information to share with the public and whether they kept a list of all detained individuals;
    · Whether CBP officers at airports were informed of the court orders and given instructions on how to comply with them;
    · Whether CBP officers violated any court order. If so, who directed such actions; what will be done to hold violators accountable; and what will CBP do to prevent violations of the rule of law from ever occurring again;
    · What complaints about violations of court orders have been received and how they were resolved.

    “We are particularly alarmed by allegations that CBP Officers and potentially other Department personnel, failed to comply with a temporary restraining order … that directed CBP to provide detained LPRs at Dulles International Airport with access to attorneys. Such allegations should not be taken lightly and require swift investigative action by your office.Duckworth and Durbin added. “The United States Constitution means little if law enforcement agents disregard it, or if Americans are unwilling to defend its principles and respect foundational constitutional rights, from due process to equal protection under the law. The American people are relying on your independent investigators to serve as a check against a powerful law enforcement agency that may be violating the civil rights of LPRs and operating in violation of the law.”

    The full text of the letter is as follows:

    VIA ELECTRONIC DELIVERY

    The Honorable John Roth
    Inspector General
    Office of the Inspector General
    U.S. Department of Homeland Security
    245 Murray Lane SW
    Washington, DC 20528-0305

    Dear Inspector General Roth:

    We are writing to request that the U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) immediately initiate a comprehensive investigation into DHS implementation of “Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals,” an Executive Order (EO) signed on Friday, January 27, 2017.

    The chaotic execution of this EO by DHS and U.S. Customs and Border Protection (CBP) personnel raises serious concerns in regard to whether taxpayer dollars were efficiently and effectively spent, rather than wasted on unwarranted and unjust detentions of lawful permanent residents (LPRs) and others who posed no security threat, and who had already been authorized by the United States Government to enter our country.

    Reports indicate CBP Officers detained LPRs at O’Hare for a prolonged period of time with no access to legal counsel. We are deeply concerned by CBP’s failure to respond to time-sensitive Congressional oversight inquiries and allegations that the agency refused to permit attorneys to meet with detained LPRs at O’Hare and other airports across the country.

    CBP’s refusal to allow detained legal permanent residents to meet with legal counsel is especially troubling in light of the determination by the United States District Court for the Eastern District of New York that it is likely the removal of the detained individuals would have violated their rights to Due Process and Equal Protection guaranteed by the United States Constitution. We are particularly alarmed by allegations that CBP Officers and potentially other Department personnel, failed to comply with a temporary restraining order issued by Judge Leonie M. Brinkema of the United States District Court, Eastern District of Virginia, that directed CBP to provide detained LPRs at Dulles International Airport with access to attorneys. Such allegations should not be taken lightly and require swift investigative action by your office. We must ensure that CBP is held accountable for following the law and respecting our Nation’s system of checks and balances.

    Accordingly, we request that DHS OIG investigate DHS and CBP implementation of the Executive Order signed on Friday, January 27, 2017. Specifically, we request that DHS OIG investigate:

    · How DHS and CBP prepared to implement the EO and what guidance DHS and CBP personnel provided to the White House during development of the EO;
    · What guidance and training were provided to CBP Management and Officers to make sure the EO was implemented in a consistent and fair manner that protected the constitutional rights of all detained individuals;
    · How DHS and CBP determined what information to share with the public;
    · Whether DHS and CBP kept a list of all detained individuals and if not, why not;
    · Whether, when, and how CBP officers at airports nationwide were informed of court orders affecting implementation of the EO, including what specific information and instruction CBP officers were provided regarding compliance with court orders;
    · What steps DHS and CBP took to ensure that all DHS and CBP personnel complied with all relevant court orders;
    · What complaints CBP received regarding its compliance with the relevant court orders and how these complaints were resolved;
    · Whether CPB officers took action that was contrary to any court orders and if so, what actions were taken, where were they taken and who directed such actions;
    · What justifications CBP officers have proffered for any actions contrary to any court orders;
    · What actions CBP has taken, or plans to take, to hold CBP Officers accountable for any violations of a Federal Court order; and
    · Any remedial actions CBP has instituted to prevent any violations from occurring again.

    The United States Constitution means little if law enforcement agents disregard it, or if Americans are unwilling to defend its principles and respect foundational constitutional rights, from due process to equal protection under the law. The American people are relying on your independent investigators to serve as a check against a powerful law enforcement agency that may be violating the civil rights of LPRs and operating in violation of the law.

    If you have any questions about this request, please contact Benjamin Rhodeside on Senator Duckworth’s staff at 202-224-2070 or by email at: Benjamin_Rhodeside@duckworth.senate.gov. Thank you in advance for your prompt consideration of my request.

    Sincerely,

    Tammy Duckworth & Dick Durbin
    United States Senators
  3. Department Of Homeland Security Response To Recent Litigation

    by , 01-30-2017 at 09:09 AM (Matthew Kolken on Deportation And Removal)
    Release Date:
    January 29, 2017

    For Immediate Release
    Office of the Press Secretary
    Contact: 202-282-8010

    WASHINGTON – The Department of Homeland Security will continue to enforce all of President Trump’s Executive Orders in a manner that ensures the safety and security of the American people. President Trump’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America's borders and national security.

    Approximately 80 million international travelers enter the United States every year. Yesterday, less than one percent of the more than 325,000 international air travelers who arrive every day were inconvenienced while enhanced security measures were implemented. These individuals went through enhanced security screenings and are being processed for entry to the United States, consistent with our immigration laws and judicial orders.

    The Department of Homeland Security will faithfully execute the immigration laws, and we will treat all of those we encounter humanely and with professionalism. No foreign national in a foreign land, without ties to the United States, has any unfettered right to demand entry into the United States or to demand immigration benefits in the United States.

    The Department of Homeland Security will comply with judicial orders; faithfully enforce our immigration laws, and implement President Trump’s Executive Orders to ensure that those entering the United States do not pose a threat to our country or the American people.

    # # #

  4. DHS Statement On Compliance With Court Orders And Executive Orders

    by , 01-30-2017 at 09:08 AM (Matthew Kolken on Deportation And Removal)
    Release Date:
    January 29, 2017

    For Immediate Release
    Office of the Press Secretary
    Contact: 202-282-8010

    WASHINGTON - Upon issuance of the court orders yesterday, U.S. Customs and Border Protection (CBP) immediately began taking steps to comply with the orders. Concurrently, the Department of Homeland Security continues to work with our partners in the Departments of Justice and State to implement President Trump’s executive order on protecting the nation from foreign terrorist entry into the United States.

    We are committed to ensuring that all individuals affected by the executive orders, including those affected by the court orders, are being provided all rights afforded under the law. We are also working closely with airline partners to prevent travelers who would not be granted entry under the executive orders from boarding international flights to the U.S. Therefore, we do not anticipate that further individuals traveling by air to the United States will be affected.

    As Secretary Kelly previously stated, in applying the provisions of the president's executive order, the entry of lawful permanent residents is in the national interest.

    Accordingly, absent significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.

    We are and will remain in compliance with judicial orders. We are and will continue to enforce President Trump’s executive order humanely and with professionalism. DHS will continue to protect the homeland.
    # # #

  5. Statement On The Entry Of Lawful Permanent Residents Into The United States

    by , 01-30-2017 at 09:05 AM (Matthew Kolken on Deportation And Removal)
    Release Date:
    January 29, 2017

    For Immediate Release
    Office of the Press Secretary
    Contact: 202-282-8010

    WASHINGTON – In applying the provisions of the president's executive order, I hereby deem the entry of lawful permanent residents to be in the national interest.

    Accordingly, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.
    # # #

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: