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Matthew Kolken on Deportation And Removal

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  1. Statement From Secretary Kelly On Recent ICE Enforcement Actions

    by , 02-13-2017 at 04:05 PM (Matthew Kolken on Deportation And Removal)
    Release Date: February 13, 2017
    For Immediate Release
    Office of the Press Secretary
    Contact: 202-282-8010

    WASHINGTON – Last week, U.S. Immigration and Customs Enforcement (ICE) launched a series of targeted enforcement operations across the country. These operations targeted public safety threats, such as convicted criminal aliens and gang members, as well as individuals who have violated our nation’s immigration laws, including those who illegally re-entered the country after being removed and immigration fugitives ordered removed by federal immigration judges.

    ICE officers in the Los Angeles, Chicago, Atlanta, San Antonio and New York City areas of responsibility arrested more than 680 individuals who pose a threat to public safety, border security or the integrity of our nation’s immigration system. Of those arrested, approximately 75 percent were criminal aliens, convicted of crimes including, but not limited to, homicide, aggravated sexual abuse, sexual assault of a minor, lewd and lascivious acts with a child, indecent liberties with a minor, drug trafficking, battery, assault, DUI and weapons charges.

    ICE conducts these kind of targeted enforcement operations regularly and has for many years.

    The focus of these enforcement operations is consistent with the routine, targeted arrests carried out by ICE’s Fugitive Operations teams on a daily basis.
    President Trump has been clear in affirming the critical mission of DHS in protecting the nation and directed our Department to focus on removing illegal aliens who have violated our immigration laws, with a specific focus on those who pose a threat to public safety, have been charged with criminal offenses, have committed immigration violations or have been deported and re-entered the country illegally.

    I commend the heroic efforts of the dedicated officers of ICE’s Office of Enforcement and Removal Operations and those who provided assistance from ICE Homeland Security Investigations, the U.S. Marshals Service, as well as cooperating state and local law enforcement agencies. These professionals put their lives on the line to protect our communities and country. There is no greater calling that to serve and protect our nation – a mission that the men and women of ICE perform with professionalism and courage every single day.
  2. 9th Circuit to Review Executive Order Injunction En Banc

    by , 02-13-2017 at 07:24 AM (Matthew Kolken on Deportation And Removal)
    Via the order:

    A judge on this Court has made a sua sponte request that a vote be taken as to whether the order issued by the three judge motions panel on February 9, 2017,should be reconsidered en banc. A sua sponte en banc call having been made, the parties are instructed to file simultaneous briefs setting forth their respective positions on whether this matter should be reconsidered en banc. The briefs should be filed on or before 11:00 a.m., Pacific time, on Thursday, February 16. The supplemental briefs shall be filed electronically and consist of no more than 14,000 words.

    I'll keep you posted as new information becomes available.
  3. The Constitution Free Zone

    by , 02-13-2017 at 06:53 AM (Matthew Kolken on Deportation And Removal)

    I've written about this before, but it remains very much applicable given recent events. The majority of people living in the United States live within 100 miles of a border, which is an area that has been dubbed the Constitution Free Zone. The zone is a place where Customs and Border Protection (CBP) claims to maintain "extra-Constitutional" powers to stop individuals they deem to be in violation of U.S. immigration law. The Constitution Free Zone impacts approximately two-thirds of the entire population of the United States, citizen and immigrant alike, which is a population into the hundreds of millions.

    If you are stopped by Border Patrol, it is imperative that you know your rights.

    Via the ACLU:

    The Problem:

    • The Fourth Amendment of the U.S. Constitution protects Americans from random and arbitrary stops and searches.
    • According to the government, however, these basic constitutional principles do not apply fully at our borders. For example, at border crossings (also called "ports of entry"), federal authorities do not need a warrant or even suspicion of wrongdoing to justify conducting what courts have called a "routine search," such as searching luggage or a vehicle.
    • Even in places far removed from the border, deep into the interior of the country, immigration officials enjoy broad—though not limitless—powers. Specifically, federal regulations give U.S. Customs and Border Protection (CBP) authority to operate within 100 miles of any U.S. "external boundary."
    • In this 100-mile zone, Border Patrol agents have certain extra-Constitutional powers. For instance, Border Patrol can operate immigration checkpoints.
    • Border Patrol, nevertheless, cannot pull anyone over without "reasonable suspicion" of an immigration violation or crime (reasonable suspicion is more than just a "hunch"). Similarly, Border Patrol cannot search vehicles in the 100-mile zone without a warrant or "probable cause" (a reasonable belief, based on the circumstances, that an immigration violation or crime has likely occurred).
    • In practice, Border Patrol agents routinely ignore or misunderstand the limits of their legal authority in the course of individual stops, resulting in violations of the constitutional rights of innocent people. These problems are compounded by inadequate training for Border Patrol agents, a lack of oversight by CBP and the U.S. Department of Homeland Security, and the consistent failure of CBP to hold agents accountable for abuse. Thus, although the 100-mile border zone is not literally "Constitution free," the U.S. government frequently acts like it is.


    Click here to read the ACLU's Factsheet.
  4. 9th Circuit Rules No Right to Counsel if Subject to Expedited Removal

    by , 02-09-2017 at 09:47 AM (Matthew Kolken on Deportation And Removal)
    The Ninth Circuit Court of Appeals has ruled in United States v. Rufino Peralta-Sanchez that a noncitizen has no Constitutional right to a lawyer if they are properly subject to expedited removal. This may be ominous foreshadowing with respect to the pending litigation challenging President Trump's immigration executive orders.

    From the decision:

    The panel held that the defendant had no Fifth Amendment due process right to hire counsel in the expedited removal proceeding under 8 U.S.C. § 1225, and that he cannot demonstrate prejudice from the failure to notify himof the right to withdraw his application for admission under 8 U.S.C. § 1225(a)(4).

    II. STATUTORY AND CONSTITUTIONAL FRAMEWORK

    A. 1. Expedited Removal

    Expedited removal proceedings under 8 U.S.C. § 1225 are limited to aliens arriving in the United States, “whether or not at a designated port of arrival”; and aliens “who ha[ve] not been admitted or paroled into the United States” and cannot show that they have been continuously present in the United States for two years “immediately prior to the date of determination of inadmissibility.” 8 U.S.C. § 1225(a)(1),(b)(1)(A)(iii)(II); 8 C.F.R. § 235.3(b)(1)(ii).5 Section 1225 gives the Secretary of Homeland Security “sole and unreviewable discretion” to designate which, if any, aliens described in the latter category—those arriving in the United States who have not been admitted or paroled into the United States and have not been continuously present for the last two years—will be subject to expedited removal. 8 U.S.C.§ 1225(b)(1)(A)(iii)(I). By order, the Secretary of Homeland Security has determined to use the expedited removal procedure for those aliens (1) “who are physically present in the U.S. without having been admitted or paroled,” (2) who are found “within 100 air miles of the U.S. international land border,” and (3) who cannot establish that they have been physically present in the United States for the immediately preceding fourteen days. Designating Aliens for Expedited Removal, 69 Fed. Reg. 48877-01, 48880 (Aug. 11, 2004).

    If an immigration officer, after conducting an inspection,determines that such an alien does not possess valid entry documents, has presented fraudulent documents, or has made a false claim of U.S. citizenship, “the officer shall order the alien removed from the United States without further hearing or review unless the alien indicates either an intention to apply for asylum . . . or a fear of persecution.” 8 U.S.C.§ 1225(b)(1)(A)(i); see also id. § 1182(a)(6)(C), (a)(7).When making a finding of inadmissibility, the officer must create a record of the facts and statements made by the alien,read the statement containing these facts to the alien, explain the charges against the alien, and give the alien a chance to respond to the charges in a sworn statement. 8 C.F.R.§ 235.3(b)(2)(i). In short, the alien is provided with notice of the charges against him or her and given an opportunity to respond. In contrast to the statutes governing formal removal proceedings under § 1229a or the removal of aggravated felons under § 1228, the statutes and regulations governing expedited removal proceedings do not provide that the alien may be represented by counsel.

    Except in a limited category of cases (not applicable here), an alien who is determined to be inadmissible via§ 1225 proceedings is not entitled to administrative or judicial appeal. The Attorney General, however, has discretion to grant withdrawal of the alien’s application for admission.8 U.S.C. § 1225(a)(4); see also id. § 1225(b)(1)(C) (noting that an alien who claims to be an LPR, a refugee, or an asylee may be entitled to appeal). If the Attorney General permits an alien to withdraw his application for admission, the alien must “depart immediately from the United States.” Id.§ 1225(a)(4).

    Click here for the decision.

    Updated 02-09-2017 at 11:10 AM by MKolken

  5. Trump Ends the Rocket Docket for Refugee Children

    by , 02-01-2017 at 04:31 PM (Matthew Kolken on Deportation And Removal)
    By memorandum dated January 31, 2017, President Trump's administration has just put an end to Obama's rocket docket for unaccompanied minors.

    So if you are keeping score, President Trump in two weeks has already done more for unaccompanied refugee children than Obama did in two years.

    Click here for the memo.

    Updated 02-01-2017 at 05:21 PM by MKolken

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