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Matthew Kolken on Deportation And Removal

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  1. Dozens of Immigrant Students Arrested by ICE in San Diego - Told to "Self-Deport"

    by , 10-12-2012 at 07:11 AM (Matthew Kolken on Deportation And Removal)
    More evidence has been reported of the Obama administration's continuing efforts to round up and deport "low priority" immigrants.  At 6:00 am yesterday morning ICE raided a downtown San Diego apartment complex netting approximately 40 students that were working without authorization as cab drivers to help support themselves while attending school.  The raid lasted a few hours.
    After taking the students into custody, ICE revoked their visas, and instructed them to "self-deport" within 30 days.  It does not appear that any of the students taken into custody had criminal records, and all were in valid immigration status at the time of the arrest.
    And that, my friends, illustrates the principal difference between the immigration policies of Barack Obama and Mitt Romney: Mitt Romney suggests that immigrants self-deport.  Barack Obama demands it.
    EDIT: I had some more time today to add additional commentary to this blog post.  So here goes.  
    There is no question that these individuals violated their student status if they worked without express authorization.  
    There is also no question that the law permits ICE to cancel these individuals' visas, and require them to depart the United States, either on their own volition, or through an express order of removal.  
    The point is that Obama claims he is not going after these types of "low-priority" immigrants... immigrants with minor violations of the US immigration law.... immigrants without convictions. Working without authorization while in otherwise lawful immigration status is about as low on the immigration law violation totem pole that you can get.  About the only thing lower is a mere overstay.  The undeniable fact remains that ICE continues to detain and deport low-priority immigrants, despite the administration's fraudulent claims to the contrary.  
    So the question becomes, why does the Obama administration continue to use its limited resources to target what they themselves have characterized as "low-priority" immigrants for deportation.  And most importantly, why is the Obama administration lying to us about what they are actually doing in practice.
    Food for thought.


    Courtesy of San Diego, California News Station - KFMB Channel 8 - cbs8.com
  2. Huffington Post Live: More Immigrants, Please

    by , 10-11-2012 at 06:01 AM (Matthew Kolken on Deportation And Removal)
    Last night I appeared on a Huffington Post Live segment entitled: "More Immigrants, Please." The segment was hosted by Alyona Minkovski.  I was joined by immigration policy analyst David Beir, Steven Camarota, Director of Research at the Center for Immigration Studies, and Erika Almiron, Executive Director of Juntos.
    What I found most interesting about my appearance was that I did it on my ipad.
    Beam me up Scotty.
     









  3. ICE Directive on Sexual Abuse and Assault Prevention and Intervention

    by , 10-05-2012 at 06:58 AM (Matthew Kolken on Deportation And Removal)
    On May 11, 2012, ICE Director John Morton issued a Sexual Abuse and Assault Prevention and Intervention Directive.  The directive acknowledges the existence of "significant incidents of sexual abuse or assault of individuals in ICE custody."
    The directive specifically addresses situations where ICE employees sexually assault immigrant detainees. Unfortunately, at the time the directive was written ICE had no upper-level individual designated to oversee the directive.  I do not know if one is in place now, or if the directive is being internally enforced. 
    It provides for ICE employee "training" to, among other things, reinforce "ICE's zero-tolerance policy for sexual abuse and assault." The directive further provides that "ICE personnel may not retaliate against individuals who report sexual abuse or assault."  
    That being said, solitary confinement for victims of sexual assault has been limited to five days "except in highly unusual circumstances."
    It does NOT provide for victims of sexual assault to be released from custody, but they will be placed "in a supportive environment that represents the least restrictive housing option possible."
    As for the ICE employee accused of raping an immigrant, the directive provides that individuals suspected of perpetrating sexual abuse or assault will be "removed from all duties requiring detainee contact pending the outcome of an investigation."  It does not, however, provide for the removal of the employee from the facility where they have been accused of raping someone.
    The directive also includes the following disclaimer:

    This document is an internal policy statement of ICE. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.

    Par for the course.
  4. Only 80,073 DACA Applications Submitted

    by , 10-04-2012 at 07:14 AM (Matthew Kolken on Deportation And Removal)
    UnitedWeDream.org reports that to date there have been 77,268 Deferred Action for Childhood Arrivals (DACA) applications accepted (not approved) by USCIS, and another 2,805 applications rejected, for a total of 80,073 DACA applications received.
    As of last week 29 DACA approvals have been reported.  The following disclaimer is included on the Form I-797 approval notice issued to DACA applicants.  


    It appears that USCIS is not prospectively verifying the information and documentation submitted in support of DACA and "the Department of Homeland Security (DHS) reserve the right" to subsequently determine whether a fraud has been committed in furtherance of the application.  The disclaimer says that methods of verifying information "may" include going on the internet.  Seriously.
    This is simply unacceptable, as it gives more ammunition to individuals like Lamar Smith, and Chris Kobach who will predictably argue that the DACA application process is rife with fraud.
    Maybe it is about time that the Obama administration stops proving their point.
    Just a thought.
    Attached Thumbnails Attached Thumbnails Click image for larger version. 

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  5. Romney: I won't revoke DACA Approvals if elected

    by , 10-02-2012 at 06:35 AM (Matthew Kolken on Deportation And Removal)
    In an interview with the Denver Post Mitt Romney has indicated that he will not revoke deferred action for individuals that have already received it.
    Here is his quote:
    "The people who have received the special visa that the president has put in place, which is a two-year visa, should expect that the visa would continue to be valid. I'm not going to take something that they've purchased,"
    "Before those visas have expired we will have the full immigration reform plan that I've proposed."

    So much for the argument that you should vote for Obama to save DACA.
    As for the Romney's future plans for immigration reform:
    "I actually will propose a piece of legislation which will reform our immigration system to improve legal immigration so people don't have to hire lawyers to figure out how to get here legally,"
    "The president promised in his first year, his highest priority, that he would reform immigration and he didn't. And I will."
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