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Matthew Kolken on Deportation And Removal



    by , 08-09-2017 at 08:51 AM (Matthew Kolken on Deportation And Removal)
    All-Star Legal Team Launches Institute for Constitutional Advocacy and Protection at Georgetown Law

    Neal Katyal, Mary McCord and Joshua Geltzer to lead new institute focused on high-impact litigation to protect constitutional rights

    WASHINGTON (Aug. 9, 2017) – A team of distinguished attorneys with deep experience in trial and appellate advocacy, national security law and federal prosecution today launched the Institute for Constitutional Advocacy and Protection at Georgetown Law.

    Drawing on expert litigators, Georgetown Law’s constitutional scholarship and a strategic approach to high-impact cases, the new institute aims to teach students to use the power of the courts to defend U.S. constitutional rights and values.

    The Institute’s faculty director will be Georgetown Law Professor Neal Katyal, who has previously served as faculty director of Georgetown Law’s Center on National Security and the Law, has argued 34 Supreme Court cases and has served as acting U.S. solicitor general. The executive director will be Joshua A. Geltzer, former senior director for counterterrorism at the National Security Council (NSC), who also served as senior national security legal counsel both at the NSC and in the Justice Department. Rounding out the leadership team as senior litigator will be Mary B. McCord, former acting assistant attorney general and former principal deputy assistant attorney general for national security at the Justice Department, who previously spent nearly 20 years as a career prosecutor, including as Criminal Division chief and Appellate Division deputy chief in the U.S. Attorney’s Office for the District of Columbia.

    Employing the model successfully used by Katyal in Hamdan v. Rumsfeld to dramatically roll back unprecedented government policies, culminating with the landmark Supreme Court decision in 2006, the Institute will pursue strategic litigation to draw clear recognition of constitutional rights in areas such as immigration restrictions, religious discrimination, free expression and privacy protection, national security, and whistleblower protection, among other areas.
    “The Institute for Constitutional Advocacy and Protection is part of Georgetown Law’s commitment to teaching our students about constitutional design and structure, and will help reinforce the rule of law at a time when legislative oversight is often limited at all levels of our government,” said Katyal.

    As with the Hamdan case, Georgetown Law scholarship and students will play a key role in helping develop, execute and support successful litigation strategies that can result in groundbreaking Supreme Court decisions. When Katyal developed and argued Hamdan all the way up to the Supreme Court, more than 70 Georgetown Law students over seven semesters participated in nearly every aspect of the case’s preparation, and the case was mooted in Georgetown Law’s esteemed Supreme Court Institute. The resulting Supreme Court decision ensured that the Geneva Conventions would apply across the globe in what the government was calling the “War on Terror,” ending ghost prisons around the world and forcing the Bush Administration to end its use of waterboarding.

    “The Institute will give Georgetown Law students incomparable opportunities to participate in impact litigation from the ground up in ways that will shape a deep understanding of constitutional law and the role of the courts in our democracy. We are honored that legal leaders with the stature of Neal, Mary and Josh are building this enterprise here,” said Georgetown Law Dean William M. Treanor.

    McCord and Geltzer, who will also serve as Georgetown Law visiting professors, will launch a practicum course there starting later this school year. The Institute has already started working to support critical constitutional challenges.

    Today the Institute filed an amicus brief in ODonnell v. Harris County, a class action suit arguing that the Texas county’s practice of detaining misdemeanor defendants before trial based solely on their inability to pay money bail, while others who can are released, offends the Constitution, undermines confidence in the criminal justice system and fails to promote safer communities.

    McCord led the drafting of the amicus brief on behalf of dozens of her fellow former and current prosecutors from around the country. It explains how reformed bail systems have been successful in ensuring appearance in court and protecting public safety by using individualized risk assessments and imposing non-financial conditions of release pending trial.

    “As career prosecutors, we know that using bail to keep poor people locked up for days, weeks or even months for minor offenses is not only unconstitutional, but also counterproductive from a law enforcement perspective,” McCord said. “The legitimacy of the criminal justice system is dependent on it being a fair system that does not discriminate based on wealth.”

    The Institute is also supporting key plaintiffs in another Texas case, City of El Cenizo v. Texas, which challenges a new state law that seeks to counter “sanctuary city” policies. The law, currently scheduled to take effect on September 1, purports to make it a crime for police and other public agencies to pursue an approach to enforcing federal immigration law contrary to that officially endorsed by the State of Texas, even if they believe it is in the best interest of public safety.

    “Like Mary and Neal, I have dedicated much of my career to developing and defending responsible executive branch authorities,” said Geltzer who, among other things, previously worked at the Justice Department on reforming intelligence collection authorities after the Edward Snowden leaks and at the White House on developing the national strategy to fight ISIS.

    “However,” Geltzer added, “we also recognize the critical importance of respecting the constitutional and moral limits to executive power, and we will fight to ensure the courts play a critical role in marking those limits and thus defending our country’s vital constitutional way of life.”
    The Institute is also involved in pending legal matters related to civil servant protections and freedom of expression.


    GEORGETOWN LAW media contact:
    202-662-9694.o 202-577-7827.m

    Georgetown University Law Center is a global leader in legal education and the preeminent U.S. law school based in the nation’s capital. A world-class faculty of celebrated theorists and leading legal practitioners offers students an unmatched breadth and depth of academic opportunities. Second to none in experiential education, the Law Center’s numerous clinics are deeply woven into the Washington, D.C., landscape. More than 20 centers and institutes forge cutting-edge research and policy resources across fields including health, the environment, human rights, technology, national security and international economics. Georgetown Law equips students to succeed in a rapidly evolving legal environment and to make a profound difference in the world, guided by the school's motto, “Law is but the means, justice is the end.”
  2. ICE arrests 32 Sex Offenders in Long Island During Operation SOAR

    by , 08-08-2017 at 10:47 AM (Matthew Kolken on Deportation And Removal)
    The following is a press release from Immigration and Customs Enforcement:

    NEW YORK – Officers from U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) arrested 32 convicted sexual predators during a 10-day period, ending Aug. 3 in Long Island in an enforcement effort dubbed, “Operation SOAR” (Sex Offender Alien Removal).

    In the course of Operation SOAR, ERO officers apprehended 32 individuals with past criminal convictions ranging from sexual abuse to attempted rape. Of those arrested, 12 are registered sexual offenders. Each was taken into custody and is currently being detained pending the completion of removal proceedings.

    "ICE’s continuing commitment to making our communities safer is underscored by operations like this one targeting sexual offenders. These actions focus our resources on the most egregious criminals and promote public safety in the communities in which we live and work,” said Thomas R. Decker, field office director for New York. “ERO officers are out there every day enforcing immigration law with targeted enforcement actions. ICE will not waiver in its promise to arrest and remove criminal aliens from our neighborhoods.”

    Among those arrested were:

    • A 24-year-old Salvadoran national who was arrested and charged criminally with first degree sexual abuse and sexual contact with a victim less than 11 years old. Criminal charges are still pending. The victim in this case is a 4-year-old female. He was arrested in Wyandanch, Aug. 3 and will remain in ICE custody pending removal from the United States.
    • A 36-year-old national of Guatemala with a prior conviction of second degree rape and endangering the welfare of a child. The victim in this case was a 13 year old female. He was sentenced to six months in jail and 10 years of probation supervision. The registered Level 1 sexual offender was arrested in Brentwood on Aug. 2 and will remain in ICE custody pending removal proceedings.
    • A 32-year-old Honduran man with prior convictions of criminal sexual act in the third degree, forcible touching, endangering the welfare of a child, and sexual abuse in the third degree. He was sentenced to 10 years of probation supervision. The victim in this case was a 15 year-old female. He also has prior convictions of driving while intoxicated. This registered Level 1 sex offender was arrested in Brentwood, Aug. 1 and will remain in ICE custody pending removal proceedings.
    • A 38-year-old citizen and national of Ecuador with a prior conviction of the sexual misconduct with a 15 year-old female victim. He was arrested in Central Islip, Aug. 1 and will remain in ICE custody pending removal proceedings.
    • A 55-year-old Salvadoran man convicted of second degree rape and sentenced to one year in jail. The victim in this case was 12 years old. He was arrested in Copiague, July 27 and will remain in ICE custody pending removal from the United States.
    • A 21 year-old Haitian man with a prior conviction of two counts of promote a sexual performance by a child less than 17 years of age and sentenced to 10 years of probation supervision. The victims in this case were both 15 years of age. He was arrested in Riverhead, July 27 and will remain in ICE custody pending removal proceedings.
    • A 36-year-old Salvadoran man convicted of third degree rape and sentenced to 10 years of probation supervision. The victim in this case was 15 years old. He was arrested in Glen Cove, July 25 and will remain in ICE custody pending removal proceedings.
    • A 46-year-old Salvadoran national with a prior conviction of endangering the welfare of a child - sentenced to three years’ probation. The original charge was sexual abuse in the first degree: sexual contact with individual less than 11 years old. The victim in this case was 7 years old. He was arrested in Mineola, July 25, and will remain in ICE custody pending removal proceedings.
    • A 45-year-old citizen of Trinidad and Tobago convicted of third degree rape of a victim incapable of consent and sentenced to 5 years of probation supervision. This Level 1 sex offender was arrested in East Hampton, July 29 and will remain in ICE custody pending removal proceedings.

    Criminal histories of those arrested during the operation are as follows: acting in a manner to injure a child, assault, third degree attempted rape, burglary, attempted sexual abuse, criminal sex act, endangering the welfare of a child, endangering the welfare of a physically disabled person, forcible touching, promoting a sexual performance by a child, public lewdness, first degree rape, second degree rape, third degree rape, reckless endangerment, first degree sexual abuse, second degree sexual abuse, sexual abuse:, forcible compulsion, sexual contact with an individual incapable of consent, and sexual misconduct.

    The arrestees include nationals from the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Mexico, Peru, and Trinidad and Tobago.

    ERO deportation officers made arrests throughout Long Island, specifically in Nassau County: East Meadow, Franklin Square, Garden City, Glen Cove, Mineola Port Washington, Roosevelt, Uniondale, Westbury; and in Suffolk County: Amityville, Bayshore, Brentwood, Central Islip, Copiague, Deer Park, East Hampton,
    Hampton Bays, Islip, Islip Terrace, Riverhead, Wyandanch, Yaphank.

    The foreign nationals arrested will be processed administratively for removal from the United States. The arrestees who have outstanding orders of deportation, or who returned to the United States illegally after being deported, are subject to immediate removal from the country. The remaining individuals are in ICE custody awaiting a hearing before an immigration judge, or pending travel arrangements for removal in the near future.

    ICE deportation officers carry out targeted enforcement operations every day in locations around the country as part of the agency’s ongoing efforts to protect the nation, uphold public safety, and protect the integrity of our immigration laws and border controls. These operations involve existing, established Fugitive Operations Teams.

    During such enforcement operations ICE officers frequently encounter additional suspects who may be in the United States in violation of federal immigration laws. Those persons will be evaluated on a case by case basis and, when appropriate, arrested by ICE.
  3. Child Held at Berks Immigration Center Freed

    by , 08-07-2017 at 04:51 PM (Matthew Kolken on Deportation And Removal)
    Amnesty International USA: Child Held at Berks Immigration Center Freed
    August 7, 2017

    In an extraordinary move, three-year old Josué was freed from Berks County Residential Center in Pennsylvania today after being granted release by an immigration judge. He and his 28-year-old mother Teresa fled kidnapping threats and physical and sexual assault in Honduras before arriving in the US seeking asylum. They have been imprisoned at Berks for over 16 months. Josué has spent over half his life in detention, learning to walk and talk in confinement.

    Amnesty International USA launched a campaign in June to end the detention of children and their parents held at family detention facilities like Berks County Residential Center. Currently, there are dozens of children and parents jailed at Berks, one of three such family detention centers, which are akin to jails, in the United States. At least 3 other families at Berks have been held for more than 600 days.

    “Today’s decision is welcome but temporary relief for Josué and his mother. We will continue to fight to ensure that people with asylum claims are given a fair hearing and humane treatment,” said Eric Ferrero, deputy executive director of Amnesty International USA. “The families held at Berks fled horrific violence in their home countries, only to be put behind bars in the United States. This senseless imprisonment goes against our country’s shared values of equality and dignity. Immigration and Customs Enforcement should release the remaining families and the Department of Homeland Security must shut down family detention centers like Berks once and for all.”

    Many of the families held at Berks come from a region known as the Northern Triangle of Central America, which includes El Salvador, Guatemala, and Honduras. The Northern Triangle is an area widely recognized for its extreme levels of violence and insecurity, which Amnesty has documented extensively.

    This statement can be found online at

    Follow Amnesty International USA and Amnesty International USA Media on Twitter.

    Amnesty International is a Nobel Peace Prize-winning global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth and dignity are denied

    by , 08-05-2017 at 02:40 PM (Matthew Kolken on Deportation And Removal)


    Interview with Chuck Todd Airs Tomorrow on #1 Most-Watched Sunday Show

    AUGUST 5, 2017 – In an exclusive interview with “Meet the Press” moderator Chuck Todd, California Gov. Jerry Brown (D) supported the idea of a lawsuit over President Trump’s latest attempt to punish so-called “sanctuary cities,” arguing that it’s “something that our independent attorney general can decide, but it might just be very helpful to get into court and resolve this in a judicial forum rather than in the rhetoric of politicians talking past one another.”

    “A few judicious forums to resolve this dispute between the federal government and California – I think – can be very helpful for the whole country, and in a dispassionate way,” the governor added. “Because this back and forth by politicians, it doesn't really clarify some of the difficulties of the paramount law of the federal government colliding with the sovereign law of the 50 states.”
    See below for the transcript of the exchange, and watch it here:

    Tune in tomorrow to a special “Trump, the Parties & Our Broken Politics” edition of “Meet the Press with Chuck Todd” for more from Brown as well an exclusive interview with Sen. Jeff Flake (R-Flake), whose book excerpt released earlier this week said the Republican Party is “in denial about Donald Trump.”


    • Mandatory credit to NBC News’ “Meet the Press” on first reference.
    • The onscreen “Meet the Press” credit must be clearly visible and unobstructed at all times in any image, video clip, or other form of media.
    • Embedded web video must stream from the media player with the unobstructed credit as described above.

    # # #


    There's a bill that's moving through the state legislature that would declare California a sanctuary state. You've not indicated whether you're going to be fully supportive of this just yet. Are you? Could you be? And where are you on this idea of suing the federal government over funds that they may withhold if they declare a city a sanctuary city?


    Yeah. Well, first of all, that bill does not declare California a sanctuary state, number one. Number two, it's still going through the process. We're looking at it very carefully. We're having discussions with the author. There are some changes that I think would be very important –


    Why do you believe it isn't fair to call that that it declares California – explain why –


    Because –


    -- that you don't like that phrase?


    Well, as a former seminarian, I have a very clear image of the sanctuary. It's in a church. It conjures up Medieval sanctuary places.
    And it says more than a specific set of legislative requirements, which the goal here is to block and not to collaborate with abuse of federal power. That's the goal.
    And we want to be very understanding of people who have come to our state, have worked in our economy, often for decades, picking our food, working in our restaurants, working in high tech industries, the whole range of what constitutes the life of California has been contributed to by many of these immigrants that are not documented.
    And we want to make sure we help them to the extent that the law of California can coexist with the law of the United States.

    So it is a balancing act. It does require some sensitivity, and that's why I take a more nuanced and careful approach to dealing with what is a difficult problem. Because you do have people who are not here legally, they've committed crimes. They have no business in the United States in the manner in which they've come and conducted themselves subsequently.
    Secondly, as far as the lawsuit, that's something that our independent attorney general can decide. But it might just be very helpful to get into court and resolve this in a judicial forum rather than in the rhetoric of politicians talking past one another.


    I guess, you know, some would respond and just say, "Look, you don't like the way the law is. Why don't we change the law rather than have a debate about how to enforce the law if there's ambiguity in there?"


    Well, wait a minute. If the law is ambiguous, we can often clarify it by litigation. This is perhaps a rather small test because the money at stake is not very much. And there is this different view. There's plenty of different views, by the way, on the environment, not just immigration, on health care, on a whole variety of topics. The current administration, under Mr. Trump, is going way, way over the deep end. So I think appropriate court challenges – by the way, the Republicans were bringing court challenges –


    Oh yeah.


    -- by the carload against Obama on the environment, on health care, and all the rest. So I think a few judicious forums to resolve this dispute between the federal government and California I think can be very helpful for the whole country, and in a dispassionate way. Because this back and forth by politicians, it doesn't really clarify some of the difficulties of the paramount law of the federal government colliding with the sovereign law of the 50 states.

    # # #
  5. Ohio Mother of Four Set for Deportation After Traffic Violation

    by , 08-02-2017 at 09:17 AM (Matthew Kolken on Deportation And Removal)

    So much for deporting bad hombres.

    Via ABC News:

    An Ohio woman, a mother of four, was scheduled to be deported on Tuesday after authorities discovered her immigration status during a traffic stop last month.

    Beatriz Morelos, who has lived in Painesville, Ohio, just east of Cleveland, for nearly two decades, was arrested for driving without a license last week, according to city records, which is when officials discovered that she has been living in the country illegally and turned her over to Immigration and Customs Enforcement.

    She is scheduled to be deported on Tuesday to Nuevo Laredo, Mexico, which is in an area that the U.S. Department of State warns travelers to avoid “due to violent crime, including homicide, armed robbery, carjacking, extortion and sexual assault,” according to its website.

    Click here for more of the story.
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