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Matthew Kolken on Deportation And Removal

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  1. Republican Paul Ryan Opposes Mass Deportations and Muslim Bans

    by , 07-13-2016 at 06:06 AM (Matthew Kolken on Deportation And Removal)
    Speaker Paul Ryan has reiterated his strong stance against mass deportations and immigration bans on Muslims:

    “I don’t agree with [mass deportations]. I don’t think rounding up 11 million people A) is the right thing to do, B) would work, and I don’t think you’d like to see what we’d have to do to the country to do that.”

    On banning Muslims: “I disagree with [Trump] on it. It’s just that simple. No two people agree on everything."

    Click here for the source.
  2. Obama Admin Sued Over One Year Asylum Deadline

    by , 07-07-2016 at 08:01 AM (Matthew Kolken on Deportation And Removal)
    Via The American Immigration Council:

    In an attempt to bring order and some measure of fairness to what has become an overly bureaucratic and chaotic process, on June 30, 2016, four asylum-seekers filed a class action lawsuit in the District Court for the Western District of Washington challenging DHS’s failure to advise them of the deadline for filing their asylum applications, as well as both DHS’s and the immigration courts’ failure to adopt procedures which would ensure that an individual is able to file an asylum application by the deadline.

    The American Immigration Council, Northwest Immigrant Rights Project, Dobrin & Han, PC, and the National Immigration Project of the National Lawyers Guild, represent the four plaintiffs, from Mexico, Honduras, Guatemala and the Dominican Republic, who sue on behalf of themselves and all other individuals in the United States who are in the same situation.

    Since the government has been unable to establish a rational process that will ensure that all asylum-seekers have the opportunity to timely file their applications, it’s time for the court to weigh in and bring order and fairness to the asylum filing system.
  3. Private Prison Corp Blocking Immigrants from Seeing Lawyers

    by , 07-06-2016 at 09:26 AM (Matthew Kolken on Deportation And Removal)
    Via the Huffington Post:

    "It’s a basic principle of the U.S. justice system that all people, no matter their citizenship status, are guaranteed due process. Yet, 94 percent of immigrants in this prison-like detention center lack representation. And both U.S. Immigration and Customs Enforcement (ICE) and its for-profit prison operator, Corrections Corporation of America (CCA), continue to erect barriers that prevent them from finding help.

    In March, a coalition of pro bono attorneys, law school clinical programs, non-profit legal organizations and private immigration lawyers urged ICE, CCA and Stewart County to fulfill the terms of a 2014 contract requiring CCA to install video teleconferencing and to institute policies and procedures ensuring that detainees have access to representation. ICE responded with a brief letter in late May that failed to address these pressing legal concerns and instead simply promised to repair a couple of broken telephones.

    Anybody who is detained has the right to confer with a lawyer. But for years, CCA guards have prevented attorneys from meeting with detainees by creating unreasonable delays. Even when a lawyer succeeds in setting up a meeting with a detainee, he or she must speak to the client via phone through a Plexiglass barrier - and the phones are often broken, leaving the lawyer to yell his advice through the Plexiglass. A number of lawyers have stopped practicing at the detention center, citing inconsistent practices involving attorney-client meetings and harassment by facility staffers."

    Click here for the rest of the story.

    Updated 07-06-2016 at 09:29 AM by MKolken

  4. AILA: Obama's Response to Refugee Situation in Central America is Abysmal

    by , 06-16-2016 at 05:27 AM (Matthew Kolken on Deportation And Removal)
    Via The American Immigration Lawyers Association:

    AILA Doc. No. 16061567 | Dated June 15, 2016

    WASHINGTON, DC - Today, the American Immigration Lawyers Association (AILA) released a new report entitled Due Process Denied: Central Americans Seeking Asylum and Legal Protection in the United States detailing the violations of due process stemming from the recent raids targeting Central American refugees and asylum seekers. The report provides recommendations for reforms that would ensure just and fair consideration for these vulnerable populations under U.S. law.

    "The response thus far from the Obama Administration to the refugee situation in Central America has been abysmal. Immigration authorities are detaining and unduly fast-tracking the deportations of women with their children, girls and boys, single adults, and entire families fleeing to escape an epidemic of violence in their countries," said AILA President Victor Nieblas Pradis. He continued, "The government should never force those fleeing persecution back to danger and death. Yet, that's exactly what the federal government did and is still doing. Our country is better than this. We can, and must, do better than this, and that begins with ensuring due process for every individual who comes to our country seeking protection."


    The report draws upon the work of hundreds of AILA members through both the Artesia Pro Bono Project in New Mexico and the CARA Family Detention Project in Texas, projects which combined have represented thousands of detained families. The report describes six areas where changes can and must be made to ensure that the immigration system actually offers a meaningful chance for asylum seekers to claim protection. The report urges the administration to implement the following solutions to restore due process and protection:


    • Border processing: The Department of Homeland Security (DHS) must improve conditions and processing at U.S. border stations to ensure migrants are screened in a careful and humane fashion and given information about their legal rights and responsibilities.
    • Fast-track removals: DHS must suspend the use of expedited removal and reinstatement of removal, and return to using immigration courts to adjudicate these cases.
    • Family detention: DHS must end family detention and invest instead in cost-effective, community-based case management alternatives to detention that are more humane and will reduce costs while increasing compliance.
    • Access to counsel: Congress must guarantee legal counsel to every individual facing removal who cannot afford counsel. As an interim step, the relevant government agencies must take steps to ensure counsel is appointed for all children, families, and other vulnerable individuals, and in cases where the appointment of counsel is necessary to ensure fair adjudication.
    • Immigration courts: Congress and the Department of Justice (DOJ) must ensure the immigration court system has the funding and capacity to adjudicate cases effectively and protect due process.
    • Asylum system: The asylum system must be reformed to ensure efficient and consistent adjudication of asylum claims and remove unfair procedural rules that block meritorious asylum claims from even being heard.

    AILA Executive Director Benjamin Johnson noted, "The reality is that the underlying conditions in the Northern Triangle need to be addressed. So, in addition to the recommendations AILA is making to the U.S. government, we also strongly urge Central American countries to offer real protection for vulnerable individuals. However, given the continued absence of such protection, the U.S. needs to step up and implement a humanitarian relief program that actually helps the thousands of terrified families and individuals who deserve to be safe."

    ###


    The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
  5. Being Ordered Deported in Immigration Court is Less Likely Than Ever

    by , 06-15-2016 at 03:09 PM (Matthew Kolken on Deportation And Removal)
    Via the Transactional Records Access Clearinghouse (TRAC):

    (15 Jun 2016) So far in FY 2016, the odds that a noncitizen will be ordered deported by an immigration judge have fallen to a new record low of 42.4 percent. This is the lowest level since at least FY 1998, according to the latest available Immigration Court data covering the period through the end of May 2016.

    This is the second year in a row that less than half the deportation orders sought nationwide by the Department of Homeland Security (DHS) were granted by the court, and represents a dramatic change from five years ago. During FY 2011, deportation was ordered 70.2 percent of the time. This fraction fell to 62.6 percent during FY 2012, to 52.9 percent in FY 2013, to 50.7 percent in FY 2014, and was down to 46.5 percent last year.

    Click here for the rest of the report.
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