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Matthew Kolken on Deportation And Removal

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  1. SCOTUS Allows Full Travel Ban to go into Effect During Appeals Process

    by , 12-05-2017 at 06:16 AM (Matthew Kolken on Deportation And Removal)
    It was a 7-2 decision. The two predictably are Justices Ruth Bader Ginsburg and Sonia Sotomayor. Justice Elena Kagan, appointed by Barack Obama, surprisingly sided with the majority.

    Via SCOTUS Blog:

    In two brief orders (available here and here), the court permitted the Trump administration to enforce the September 24 order while the courts of appeals consider the government’s appeals and, if necessary, during review in the Supreme Court. In doing so, the justices went further than they had in June, when they carved out the same kind of exception to the March 6 order that the lower courts imposed in this case – for travelers who can claim a relationship with the United States. In its most recent filings, the Trump administration had argued that the September 24 order is different from its predecessors not only because of the “extensive worldwide review process” that led to its creation, but also because it applies to countries where Muslims are not a majority, while removing some majority-Muslim countries from earlier lists. Although the challenges are still in a preliminary stage of litigation, today’s orders nonetheless bode well for the Trump administration by suggesting that its arguments may have gained some traction on the court.

    Click here for the full SCOTUS Blog post.

    Updated 12-05-2017 at 10:00 AM by MKolken

  2. ICE Deputy Director Tom Homan on Verdict in Steinle Case

    by , 12-01-2017 at 05:49 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 (202) 732-4242.

    "San Francisco’s policy of refusing to honor ICE detainers is a blatant threat to public safety and undermines the rule of law. This tragedy could have been prevented if San Francisco had simply turned the alien over to ICE, as we requested, instead of releasing him back onto the streets. It is unconscionable that politicians across this country continue to endanger the lives of Americans with sanctuary policies while ignoring the harm inflicted on their constituents. Following the conclusion of this case, ICE will work to take custody of Mr. Garcia Zarate and ultimately remove him from the country."

    Deputy Director Thomas D. Homan
    U.S. Immigration and Customs Enforcement
  3. Asylum Outcomes Continue to Depend on the Judge Assigned

    by , 11-21-2017 at 10:40 AM (Matthew Kolken on Deportation And Removal)
    Via Syracuse University's TRAC:

    The outcome for asylum seekers continues to depend on the identity of the immigration judge assigned to hear the case. If you, for example, were one of the 6,922 asylum seekers whose cases were decided in the San Francisco Immigration Court over the last six years, the odds of denial varied from only 9.4 percent all the way up to 97.1 percent depending upon the judge you had. For the 1,233 individuals whose cases were heard by the Newark Immigration Court, the odds of denial ranged between 10.9 percent all the way up to 98.7 percent depending upon the judge you appeared before. Stated another way, the odds of being granted asylum could be as high as 90 percent or as low as 3 percent in these two courts depending upon which immigration judge you were assigned.



    Click here to view a particular judge's report.
  4. Illegal Border Crossing Surging Again

    by , 11-21-2017 at 10:20 AM (Matthew Kolken on Deportation And Removal)


    Via The Washington Times:

    The Trump administration reinstated a de facto catch-and-release policy for illegal immigrants nabbed crossing the border in Texas, with Border Patrol agents being told Wednesday not to even bother turning them over for speedy deportation because there was no bed space, a top agent said.

    The problem, said Brandon Judd, an agent and president of the National Border Patrol Council, is that illegal immigration has surged once again after dipping during the early months of President Trump’s tenure.


    Click here for the rest of the story.

    Updated 11-21-2017 at 10:22 AM by MKolken

  5. Termination of Temporary Protected Status For Haiti

    by , 11-21-2017 at 09:19 AM (Matthew Kolken on Deportation And Removal)
    Release Date:
    November 20, 2017

    For Immediate Release
    Office of the Press Secretary
    Contact: 202-282-8010

    WASHINGTON— Today, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. This decision follows then-Secretary Kelly’s announcement in May 2017 that Haiti had made considerable progress, and that the country’s designation will likely not be extended past six months.

    The decision to terminate TPS for Haiti was made after a review of the conditions upon which the country’s original designation were based and whether those extraordinary but temporary conditions prevented Haiti from adequately handling the return of their nationals, as required by statute. Based on all available information, including recommendations received as part of an inter-agency consultation process, Acting Secretary Duke determined that those extraordinary but temporary conditions caused by the 2010 earthquake no longer exist. Thus, under the applicable statute, the current TPS designation must be terminated.

    Acting Secretary Duke met with Haitian Foreign Minister Antonio Rodrigue and Haitian Ambassador to the United States Paul Altidor recently in Washington to discuss the issue.

    In 2017 alone, U.S. Citizenship and Immigration Services conducted extensive outreach to the Haitian communities throughout the country. These include but are not limited to community forums on TPS, panel discussions with Haitian community organizers, stakeholder teleconferences, regular meetings with TPS beneficiaries, news releases to the Haitian community, meetings with Haitian government officials, meetings at local churches, and listening sessions.

    Since the 2010 earthquake, the number of displaced people in Haiti has decreased by 97 percent. Significant steps have been taken to improve the stability and quality of life for Haitian citizens, and Haiti is able to safely receive traditional levels of returned citizens. Haiti has also demonstrated a commitment to adequately prepare for when the country’s TPS designation is terminated.

    In May 2017, then-Secretary Kelly announced a limited extension for Haiti’s TPS designation, stating that he believed there were indications that Haiti – if its recovery from the 2010 earthquake continued at pace – may not warrant further TPS extension past January 2018. At the time, then-Secretary Kelly stated that his six-month extension should give Haitian TPS recipients living in the United States time to attain travel documents and make other necessary arrangements for their ultimate departure from the United States, and should also provide the Haitian government with the time it needs to prepare for the future repatriation of all current TPS recipients.

    To allow for an orderly transition, the effective date of the termination of TPS for Haiti will be delayed 18 months. This will provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible. It will also provide time for Haiti to prepare for the return and reintegration of their citizens. During this timeframe, USCIS will work with the State Department, other DHS components and the Government of Haiti to help educate relevant stakeholders and facilitate an orderly transition.

    Haitians with TPS will be required to reapply for Employment Authorization Documents in order to legally work in the United States until the end of the respective termination or extension periods. Further details about this termination for TPS will appear in a Federal Register notice.

    # # #

    Tags: haiti, tps, uscis Add / Edit Tags
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