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Matthew Kolken on Deportation And Removal

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  1. President Trump Continues to Protect Undocumented Immigrants with DACA

    by , 02-22-2017 at 08:02 AM (Matthew Kolken on Deportation And Removal)
    Lost in all of the Trump deportation hysteria is the fact that on February 20, 2017, a memorandum was issued by Department of Homeland Security Secretary John Kelly that specifically reinforces protections previously issued in favor of individuals benefiting from Deferred Action for Childhood Arrivals (DACA), as well as parents of United States citizens or lawful permanent residents (DAPA) by protecting them from deportation.

    From the memorandum:

    With the exception of the June 15, 2012, memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children," and the November 20, 2014 memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents," all existing conflicting directives, memoranda, or field guidance regarding the enforcement of our immigration laws and priorities for removal are hereby immediately rescinded- to the extent of the conflict-including, but not limited to, the November 20, 2014, memoranda entitled "Policies for the Apprehension, Detention and Removal of Undocumented Immigrants," and "Secure Communities."

    It should be noted that the November 20, 2014 memorandum was enjoined by a U.S. District Court Judge.

    What this means is that Trump has not revoked DACA, those who have it may continue to benefit from work authorization, and President Trump has extended protections from deportations to people with citizen or green card holding children and they should also not be at risk of being deported.

    I can also attest to the fact that government lawyers have acknowledged in open court that their new directive from Headquarters relating to individuals with DACA, or that are DACA eligible is to agree to continuances as the individuals are not a priority for deportation.

    There is always a silver lining.

    Updated 02-22-2017 at 08:17 AM by MKolken

  2. Border Patrol Agents in Buffalo Arrest 7 in U.S. Illegally

    by , 02-16-2017 at 09:24 AM (Matthew Kolken on Deportation And Removal)
    Release Date:
    February 16, 2017


    Grand Island, N.Y.
    On February 14, 2017, U.S. Border Patrol received an anonymous call that there were 12-20 illegal immigrants at an address on Long Rd. In response, agents assigned to the Buffalo Border Patrol Station increased patrols in the area.
    Border Patrol agents arrest subjects
    illegally present in the U.S.
    During the increased patrols, agents observed two vans containing multiple occupants in the area. Both vans pulled into a local food chain restaurant on Grand Island Boulevard. One of the vans parked and the other van went through the drive through. Agents initiated a consensual encounter with the subjects in the parked van who exited to go inside the restaurant. Two of the subjects attempted to flee on foot but were apprehended a short time later at a local drug store. A total of four subjects exited the vehicle; all were questioned by agents and determined to be illegally present in the United States.

    Other agents initiated a vehicle stop on the second vehicle as it exited the drive through. That vehicle contained six subjects; three of the subjects were determined to be in the country illegally. One subject was determined to be a United States citizen, he was identified and released at the scene.

    All subjects, with the exception of the United States citizen, were taken to the Buffalo Border Patrol Station for processing. Another subject claimed to be a lawfully admitted permanent resident but did not have his card present with him. Once at the station, his identity as a lawful permanent resident was confirmed and he was released. A third subject was found to have been registered as a Deferred Action for Childhood Arrivals (DACA); therefore, he was also released.
    Initial records checks on one of the subjects from Mexico revealed that he was a convicted sex offender in 2008 in North Carolina. He was deported shortly after his conviction and re-entered the United States sometime thereafter.

    A total of seven male subjects, five from Mexico and two from Honduras, are being held for immigration proceedings.

    The Border Patrol welcomes information regarding suspected illicit activity, and can be contacted 24/7 at 1-800-331-0353.

    U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.



    Last published:
    February 16, 2017

    Updated 02-16-2017 at 09:26 AM by MKolken

  3. A Primer on ICE Immigration Raids

    by , 02-14-2017 at 09:37 AM (Matthew Kolken on Deportation And Removal)
    The good people at Syracuse University's TRAC Immigration have done it again. They just released a primer on ICE immigration raids.


    From the primer:

    According to ICE, 65,332 individuals apprehended by ICE officers were removed during FY 2016[1]. This works out to roughly 1,250 per week.

    However, only a small part of this weekly average of 1,250 apprehensions and removals last year represented ICE arrests of individuals who were picked up directly from the community in which they lived. For simplicity, we refer to this kind of arrest as "community arrests." They are arrests made through ICE raids, or when ICE agents knock on someone's door seeking to arrest the person that lives there.


    Most ICE apprehensions were not these kinds of community arrests. Instead, most of these estimated weekly 1,250 ICE apprehensions happened when ICE assumed custody of individuals held by another law enforcement agency. Many of these apprehensions occurred when ICE took individuals into custody from the prison or jail facility where they had been serving time for their criminal conviction. This was coordinated through ICE's Criminal Alien Program (CAP).


    Still others were transferred to ICE CAP custody after they were picked up and fingerprinted by local law enforcement agencies on a non-immigration matter. ICE became aware of these arrests since all fingerprints local, state, and federal law enforcement agencies submit to the FBI are now automatically passed along to ICE. ICE checks these against its records to see if the individual may be deportable.

    Click here to read the rest of the primer.

    Updated 02-14-2017 at 09:45 AM by MKolken

  4. An Arrest by ICE Does Not Result in an Automatic Deportation

    by , 02-14-2017 at 09:25 AM (Matthew Kolken on Deportation And Removal)

    Syracuse University's TRAC Immigration explains "Just because a person was taken into ICE custody also didn't automatically mean the individual was ordered deported and removed from the country." The moral of the story is hire a good deportation defense lawyer, and remember, you get what you pay for.

    From their latest report:

    Large-scale use of ICE detainers is a relatively recent phenomenon. Detainers were infrequently used during the first five and half years of former President George W. Bush's Administration. However, during the last two years under Bush, detainer usage increased rapidly and continued to grow when President Barack Obama assumed office.

    Examining what detainers actually achieved and did not achieve during the Obama and Bush years is important because under the Trump Administration's recent flurry of immigration executive orders it appears that the use of detainers is likely to surge[2]. It also should be observed that very recent changes in the agency's Freedom of Information Act (FOIA) policies indicate that transparency about this and other ICE activities has been sharply reduced.


    The data indicate that the growth in the use of detainers under Bush and Obama was surprisingly short lived. The preparation of ICE detainers peaked in August 2011 when 27,755 were recorded. And the number of these detainers that were followed by ICE taking the individual into custody peaked even earlier, during

    March 2010. In that month 16,713 of the detainers, according to ICE records, were followed by the individual being taken into custody. This peak in March of 2010 was barely a year after President Obama assumed office. Detainer usage fell off after this.


    Click here to view the entire report.
    Tags: bush, detainers, ice, obama Add / Edit Tags
  5. ICE MEMO: Fugitive Enforcement Operations

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