ILW.COM - the immigration portal Immigration Daily

Home Page

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network




Connect to us

Make us Homepage



Immigration Daily

Chinese Immig. Daily

The leading
immigration law
publisher - over
50000 pages of
free information!
© 1995-
Immigration LLC.

View RSS Feed

Matthew Kolken on Deportation And Removal


  1. SCOTUS Rules on Detention of Immigrants

    by , 02-27-2018 at 10:11 AM (Matthew Kolken on Deportation And Removal)
    Jennings v. Rodriguez, No. 15–1204, decided February 27, 2018:

    Immigration officials are authorized to detain certain aliens in the course of immigration proceedings while they determine whether those aliens may be lawfully present in the country. For example,§1225(b) of Title 8 of the U. S. Code authorizes the detention of certain aliens seeking to enter the country. Section 1225(b)(1) applies to aliens initially determined to be inadmissible due to fraud, misrepresentation,or lack of valid documentation, and to certain other aliens designated by the Attorney General in his discretion. Section 1225(b)(2) is a catchall provision that applies to most other applicants for admission not covered by §1225(b)(1). Under §1225(b)(1),aliens are normally ordered removed “without further hearing or review,”§1225(b)(1)(A)(i), but an alien indicating either an intention to apply for asylum or a credible fear of persecution, §1225(b)(1)(A)(ii),“shall be detained” while that alien’s asylum application is pending,§1225(b)(1)(B)(ii). Aliens covered by §1225(b)(2) in turn “shall be detained for a [removal] proceeding” if an immigration officer “determines that [they are] not clearly and beyond a doubt entitled” to admission.§1225(b)(2)(A).

    The Government is also authorized to detain certain aliens already in the country. Section 1226(a)’s default rule permits the Attorney General to issue warrants for the arrest and detention of these alien spending the outcome of their removal proceedings. The Attorney General “may release” these aliens on bond, “[e]xcept as provided in subsection (c) of this section.” Section 1226(c) in turn states that the Attorney General “shall take into custody any alien” who falls into one of the enumerated categories involving criminal offenses and terrorist activities, §1226(c)(1), and specifies that the Attorney General“may release” one of those aliens “only if the Attorney General decides”both that doing so is necessary for witness-protection purposes and that the alien will not pose a danger or flight risk, §1226(c)(2).

    After a 2004 conviction, respondent Alejandro Rodriguez, a Mexican citizen and a lawful permanent resident of the United States,was detained pursuant to §1226 while the Government sought to remove him. In May 2007, while still litigating his removal, Rodriguez filed a habeas petition, claiming that he was entitled to a bond hearing to determine whether his continued detention was justified. As relevant here, he and the class of aliens he represents allege that§§1225(b), 1226(a), and 1226(c) do not authorize “prolonged” detention in the absence of an individualized bond hearing at which the Government proves by clear and convincing evidence that detention remains justified. The District Court entered a permanent injunction, and the Ninth Circuit affirmed. Relying on the canon of constitutional avoidance, the Ninth Circuit construed §§1225(b) and 1226(c) as imposing an implicit 6-month time limit on an alien’s detention under those sections. After that point, the court held, the Government may continue to detain the alien only under the authority of §1226(a). The court then construed §1226(a) to mean that an alien must be given a bond hearing every six months and that detention beyond the initial 6-month period is permitted only if the Government proves by clear and convincing evidence that further detention is justified.

    Held: The judgment is reversed, and the case is remanded.

    Click here to read the opinion of the Court.
  2. Class Action Suit Challenges Practice of Denying TPS Holders Green Cards

    by , 02-22-2018 at 12:52 PM (Matthew Kolken on Deportation And Removal)
    For Immediate Release:
    Class Action Suit Challenges Government’s Denial of TPS Holders’ Green Cards

    Feb. 22, 2018
    Washington, D.C.– Today, the American Immigration Council, the Northwest Immigrant Rights Project, and several Temporary Protected Status holders filed a class action lawsuit against officials at the U.S. Citizenship and Immigration Services and U.S. Department of Homeland Security in a federal district court in New York. They are challenging the government’s unlawful practice of denying TPS holders lawful permanent resident status (green cards) based on a misinterpretation of the law.

    The plaintiffs allege that Congress intended a grant of TPS to be an “inspection and admission”—one of the requirements for gaining lawful permanent resident status. In violation of the Immigration and Nationality Act, USCIS denies the green card applications of TPS holders who first entered the United States without going through an inspection process at a port of entry, ignoring the fact that they subsequently were inspected and admitted when they were granted TPS.

    “The Trump administration’s recent decisions to end TPS for citizens of several countries leaves tens of thousands of longstanding members of their communities at risk of deportation when their status expires in the coming months,” said Mary Kenney, senior staff attorney at the American Immigration Council. “Many individuals about to lose their TPS would be able to become lawful permanent residents in the United States were it not for DHS’s ongoing misinterpretation of the law. If this lawsuit is successful, it would provide a way for some of those individuals to continue their lives in the United States.”

    The lawsuit documents the cases of individuals who have maintained TPS for years—many for close to two decades—who now seek to become lawful permanent residents through their U.S. citizen spouses, adult children, parents, or employers, but whose adjustment applications for permanent residence have been denied because USCIS does not recognize that they have been “inspected and admitted.”

    “Two federal courts—the Sixth and the Ninth Circuits—have ordered USCIS to correctly apply the law. TPS holders living within the dozen states under the jurisdiction of these two courts are able to gain permanent status. TPS holders living anywhere else in the country are victims of USCIS’s unlawful policy and suffer great hardships. It is especially egregious that Secretary Nielson has ordered the termination of TPS status for hundreds of thousands of longtime lawful residents, while at the same time refusing to follow the law in allowing them to apply for permanent residence,” said Matt Adams, legal director of NWIRP.

    Today’s lawsuit seeks to expand the decisions of the Ninth and Sixth Circuits—which found that TPS holders are “inspected and admitted” for purposes of applying for permanent residence while remaining in the United States—to TPS holders nationwide. The lawsuit seeks to represent, “[a]ll individuals with TPS who reside within the geographic boundaries of the Courts of Appeals for the First, Second, Third, Fourth, Fifth, Seventh, Eighth, and Tenth Circuits; whose initial entries into the United States were without inspection; who have applied or will apply for adjustment of status to lawful permanent residence with USCIS; and whose adjustment applications have been or will be denied on the basis of USCIS’s policy that TPS does not constitute an admission for purposes of adjusting status.”

    The lawsuit is asking that the court declare USCIS’s policy unlawful and order it to stop applying the policy; to find that TPS holders have been “inspected and admitted” for the purposes of their permanent residence applications; and to order USCIS to reopen class members’ applications that were denied and allow those TPS holders the opportunity to have their applications reconsidered with the law properly applied.


    For more information, contact:
    Maria Frausto at the American Immigration Council, at or 202-507-7526.

    The American Immigration Council is a powerful voice in promoting laws, policies, and attitudes that honor America’s proud history as a nation of immigrants. Through research and policy analysis, litigation and international exchange, the Council seeks to shape a twenty-first century vision of the American immigrant experience. Follow the latest Council news and information on and Twitter @immcouncil.
  3. CBP is Creating Facial Recognition Technology to Turn Your face into Your Papers

    by , 02-22-2018 at 09:31 AM (Matthew Kolken on Deportation And Removal)
    Welcome to the Constitution Free Zone... I miss America.

    Via The Week Magazine:

    "Meanwhile, CBP is in the process of creating facial recognition technology that will essentially turn people's faces into their papers. This will mean enhanced tracking of foreigners and citizens any time they go in and out of the country. But border patrol also has near carte blanche to set up interior checkpoints and stop buses and vehicles within 100 miles of the border. This is a huge swathe of land: Two-thirds of Americans live there. So every time anyone—American or not—passes through these checkpoints, their movements will be potentially scanned and recorded.

    If ICE and CBP gain access to the NSA's surveillance and combine it with their own spying capacities, they will literally obtain Big Brother-style powers to track and monitor almost anyone on U.S. soil. And they will be able to use this information to detain, arrest, and go after people in other ways. This should be terrifying to all of us."

    Click here for the full article.
  4. ICE Wants Warrantless Mass Surveillance Info Amassed by the NSA

    by , 02-21-2018 at 09:01 AM (Matthew Kolken on Deportation And Removal)
    What could possibly go wrong?

    Via The Daily Beast's Betsy Woodruff:

    Officials at Immigration and Customs Enforcement are actively exploring joining the U.S. Intelligence Community, The Daily Beast has learned.

    The effort is helmed by a small cohort of career Immigration and Customs Enforcement (ICE) officials, and has been underway since the Obama administration, according to an ICE official familiar with the matter.

    Internal advocates for joining the America’s spy agencies—known as the Intelligence Community or the IC—focus on the potential benefits to the agency’s work on counterproliferation, money laundering, counterterror, and cybercrime. The official added that joining the IC could also be useful for the agency’s immigration enforcement work––in particular, their efforts to find and arrest undocumented immigrants with criminal arrest warrants (known in ICE as fugitive aliens).

    Click here to find out why this is a tremendously bad idea.

    Updated 02-22-2018 at 10:15 AM by MKolken

  5. ICE Operation in LA Results in 212 Arrests

    by , 02-16-2018 at 09:51 AM (Matthew Kolken on Deportation And Removal)
    For Immediate Release

    For media inquiries about ICE activities, operations, or policies, contact the ICE Office of Public Affairs at

    ICE operation in LA results in 212 arrests, 122 notices of inspection

    * Photos and b-roll available here and here

    LOS ANGELES – U.S. Immigration and Customs Enforcement (ICE) deportation officers and special agents arrested 212 individuals for violating federal immigration laws and served 122 notices of inspection (NOIs) to businesses in the Los Angeles area of responsibility (AOR) during a five-day targeted operation that ended Thursday. Eighty-eight percent of those arrested were convicted criminals.

    “Because sanctuary jurisdictions like Los Angeles prevent ICE from arresting criminal aliens in the secure confines of a jail, our officers are forced to conduct at-large arrests in the community, putting officers, the general public and the aliens at greater risk and increasing the incidents of collateral arrests,” said ICE Deputy Director Thomas D. Homan. “Fewer jail arrests mean more arrests on the street, and that also requires more resources, which is why we are forced to send additional resources to those areas to meet operational needs and officer safety. Consistent with our public safety mission, 88 percent of those arrested during this operation were convicted criminals.”

    During the operation, ICE’s Enforcement and Removal Operations (ERO) arrested 212 individuals for violating U.S. immigration laws. Of those arrested, 195 were either convicted criminals, had been issued a final order of removal and failed to depart the United States, or had been previously removed from the United States and returned illegally. More than 55 percent had prior felony convictions for serious or violent offenses, such as child sex crimes, weapons charges, and assault, or had past convictions for significant or multiple misdemeanors.

    These arrests were driven by leads developed by the local field office in conjunction with the Pacific Enforcement Response Center (PERC). ICE focuses its enforcement resources on individuals who pose a threat to national security, public safety and border security. However, ICE no longer exempts classes or categories of removable aliens from potential enforcement. All of those in violation of the immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.

    Some of the individuals arrested during this operation will face federal criminal prosecutions for illegal entry and illegal re-entry after deportation. The arrestees who are not being federally prosecuted will be processed administratively for removal from the United States. Those 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.

    Also as part of this operation, ICE’s Homeland Security Investigations (HSI) served 122 notices of inspection to a variety of businesses in the Los Angeles area. A notice of inspection alerts business owners that ICE is going to audit their hiring records to determine whether or not they are in compliance with the law. If the businesses are found to not be in compliance with the law, they will face civil fines and potential criminal prosecution. Any potential criminal charges or other penalties will be coordinated with the U.S. Department of Justice. Similar notices of inspection were served several weeks ago to 77 businesses in northern California.

    Under federal law, employers are required to verify the identity and employment eligibility of all individuals they hire, and to document that information using the Employment Eligibility Verification Form I-9. A notice of inspection alerts business owners that ICE is going to audit their hiring records to determine whether or not they are in compliance with the law. Employers are required to produce their company’s I-9s within three business days, after which ICE will conduct an inspection for compliance. If employers are not in compliance with the law, an I-9 inspection of their business will likely result in civil fines and could lay the groundwork for criminal prosecution, if they are knowingly violating the law.

    In FY17, ICE conducted 1,360 I-9 audits and made 139 criminal arrests and 172 administrative arrests. Businesses were ordered to pay $97.6 million in judicial forfeiture, fines and restitution and $7.8 million in civil fines, including one company whose financial penalties represented the largest payment ever levied in an immigration case.

    HSI uses a three-prong approach to conduct worksite enforcement: compliance through I-9 inspections and civil fines; enforcement through the criminal arrest of employers and administrative arrest of unauthorized workers; and outreach through the ICE Mutual Agreement between Government and Employers, or IMAGE program, to instill a culture of compliance and accountability.

    By volunteering to participate in the IMAGE program, companies can reduce unauthorized employment and the use of fraudulent identity documents. As part of IMAGE, ICE and U.S. Citizenship and Immigration Services (USCIS) will provide education and training on proper hiring procedures, fraudulent document detection and use of the E-Verify employment eligibility verification program. Businesses can request more information about participating here.

    Despite state laws like AB450 that intend to interfere with federal immigration enforcement authorities, ICE expects employers and state officials to comply with federal law. Federal law established by the Immigration Reform and Control Act (IRCA) of 1986 requires employers to verify the identity and work eligibility of all individuals they hire. ICE is the federal agency responsible for enforcing these laws, which were set up to protect jobs for U.S. citizens and others who are lawfully employed, and to eliminate unfair competitive advantages for companies that hire an illegal workforce. ICE’s worksite enforcement investigators help combat worker exploitation, illegal wages, child labor, and other illegal practices.
Page 2 of 239 FirstFirst 12341252102 ... LastLast
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: