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Matthew Kolken on Deportation And Removal

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  1. Hillary Gets Her Wish: 10,000 Refugee Children Deported to Central America

    by , 03-01-2016 at 02:48 PM (Matthew Kolken on Deportation And Removal)
    Looks like Hillary Clinton wasn't messing around when she said that Central American refugee children 'should be sent back.'

    From Fox News Latino:

    "The 55 immigration courts in the United States have handed down 10,142 deportation orders for Central American youngsters who came to this country unaccompanied by an adult since 2014."

    The Obama/Clinton deportation strategy has been to deport kids as quickly as possible to 'send a message' that the United States is no place for children to escape unspeakable violence.

    Updated 03-01-2016 at 03:01 PM by MKolken

  2. SECTION-BY-SECTION SUMMARY OF FAIR DAY IN COURT FOR KIDS ACT

    by , 02-26-2016 at 12:43 PM (Matthew Kolken on Deportation And Removal)
    SEC. 1. SHORT TITLE. “Fair Day in Court for Kids Act of 2016”

    SEC. 2. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS

    BY INCREASING ACCESS TO LEGAL INFORMATION. Clarifies that the Attorney

    General may appoint or provide counsel at the government’s expense to immigrants in removal proceedings, and requires DHS to ensure that immigrants at detention and border facilities have access to counsel. Requires the Department of Homeland Security (DHS) to provide immigrants in removal proceedings with all relevant charging documents, and prohibits removal proceedings from moving forward until the immigrant has received and reviewed the documents or waived their right in writing to receive them in a language they understand fluently. Requires the Attorney General to appoint counsel for children and particularly vulnerable individuals, such as a person with a disability, or a victim of abuse, torture, or violence, or an individual whose circumstances are such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings. Requires appointment of counsel for family units if the cases are consolidated and one family member is a child or particularly vulnerable individual. Requires the Attorney General to promulgate rulemaking to implement the section. Authorizes the appropriation of funds to the Executive Office of Immigration Review

    SEC. 3. ACCESS TO COUNSEL AND LEGAL ORIENTATION AT DETENTION

    FACILITIES. Requires DHS to facilitate access to counsel for all detained immigrants under the supervision of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection and provide information about legal services programs at detention facilities.

    Requires DHS and the Attorney General to establish procedures to ensure that legal orientation programs (LOPs) are available to all detained immigrants, including those held in U.S. Customs and Border Protection facilities. The purpose of the LOPs is to inform individuals of the basic procedures of immigration hearings, their rights relating to those hearings under immigration laws, information that may deter individuals from filing frivolous legal claims, and any other information that the Attorney General considers appropriate (e.g., a contact list of potential legal resources and providers). Creates a two-year pilot program to provide LOPs to non-detained immigrants with pending asylum claims. Requires the Attorney General to implement the pilot program in at least two immigration courts and submit a report to Congress detailing the extent to which non-detained immigrants are provided access to counsel. Authorizes the appropriation of funds to EOIR as necessary.

    SEC. 4. CASE MANAGEMENT PILOT TO INCREASE COURT APPEARANCE

    RATES. Creates a pilot program administered by DHS that will provide grants to nongovernmental community-based organizations to provide case management services to vulnerable individuals. Services include, but are not limited to facilitating access to counsel,
    helping individuals with court or other legal obligations, securing housing, enrolling minor children in school, and acquiring mental health services. Unaccompanied alien children will not be included in the pilot as they will continue to receive post-release services from HHS/ORR.

    Authorizes the appropriation of funds to DHS as necessary.

    SEC. 5. REPORT ON ACCESS TO COUNSEL. Requires DHS, in consultation with the Attorney General, to report annually to the Senate and House Judiciary Committees on the number and percentage of individuals identified in the Act who were represented by counsel, including information specifying at which stage of the legal process the individual was represented and whether the individual was in government custody. DHS must also report on the number and percent of individuals who received legal orientation presentations.

    SEC. 6. MOTIONS TO REOPEN. Allows unrestricted motions to reopen for children and other vulnerable individuals if counsel was not appointed. Creates an automatic stay of removal upon filing of the motion to reopen.

    Updated 02-26-2016 at 12:46 PM by MKolken

  3. House Democrats Introduce Fair Day in Court for Kids Act

    by , 02-26-2016 at 12:34 PM (Matthew Kolken on Deportation And Removal)
    February 26, 2016
    FOR IMMEDIATE RELEASE
    CONTACT
    Roybal-Allard: Ben Soskin, (202) 225-1766, Benjamin.Soskin@mail.house.gov
    Lofgren: Peter Whippy, (202) 225-3072, Peter.Whippy@mail.house.gov
    Gutiérrez: Douglas Rivlin, (202) 225-8203, Douglas.Rivlin@mail.house.gov


    House Democrats Introduce Fair Day in Court for Kids Act

    Washington, DC – Today, 54 House Democrats, led by Congresswoman Lucille Roybal-Allard (CA-40), Congresswoman Zoe Lofgren (CA-19), and Congressman Luis V. Gutiérrez (IL-04), introduced the Fair Day in Court for Kids Act – a companion to similar legislation in the U.S. Senate – to protect children and other vulnerable groups in immigration proceedings by ensuring access to counsel, legal orientation programs, and case management services. The new legislation ensures due process for children and vulnerable individuals, and offers an alternative to ICE raids that risk sending individuals to dangerous countries where they face threats of violence, abuse, or even death.

    “We have a moral obligation to ensure these children and other vulnerable populations seeking our nation’s protection receive due process, and are not merely deported back to the dangers and the terrors they risked so much to escape,” said Congresswoman Roybal-Allard. “The Fair Day in Court Act would help us meet that obligation. It reflects our American values of fairness and justice.”

    The members were joined by Congressman John Conyers Jr. (MI-13), Congresswoman Alma Adams (NC-12), and Congresswoman Judy Chu (CA-27) at a press conference this morning to announce the new legislation (video in link).

    Under current law, there is no right to appointed counsel in immigration removal proceedings, even if the respondent is a child. Statistics show that the overwhelming majority of children without attorneys are ordered deported, while children with attorneys are five times more likely to be granted protection. Advocates assert that a child’s constitutional right to “due process” cannot be met without legal representation.

    The Fair Day in Court for Kids Act:

    1. Requires the government to appoint counsel to children, and vulnerable individuals, including those with disabilities and victims of abuse, torture, or violence.
    2. Requires the Department of Homeland Security (DHS) and the attorney general to establish procedures to ensure that legal orientation programs are available to all detained immigrants.
    3. Creates a case management pilot project to increase court appearance rates.
    4. Requires DHS to submit reports to Congress on the number of individuals identified in the Act who were represented by counsel, and the number of individuals who received legal orientation presentations.
  4. House Democrats to Introduce Fair Day in Court for Kids Act

    by , 02-25-2016 at 09:57 AM (Matthew Kolken on Deportation And Removal)
    February 24, 2016
    FOR IMMEDIATE RELEASE
    CONTACT
    Roybal-Allard: Ben Soskin, (202) 225-1766, Benjamin.Soskin@mail.house.gov
    Lofgren: Peter Whippy, (202) 225-3072, Peter.Whippy@mail.house.gov
    Gutiérrez: Douglas Rivlin, (202) 225-8203, Douglas.Rivlin@mail.house.gov


    PRESS ADVISORY: House Democrats to Introduce Fair Day in Court for Kids Act

    Washington, DC – On Friday, February 26, 2016, at 9:00 AM ET in the House Radio/TV Gallery Studio B, Congresswoman Lucille Roybal-Allard (CA-40), Congresswoman Zoe Lofgren (CA-19), and Congressman Luis V. Gutiérrez (IL-04) will be joined by Democratic colleagues in the House to announce new legislation to protect children and other vulnerable groups in immigration proceedings by ensuring access to counsel, legal orientation programs, and other post-release services.

    WHAT: Press conference introducing the Fair Day in Court for Kids Act.

    WHEN: Friday, February 26, 2016, at 9:00 AM ET.

    WHERE: House Radio/TV Gallery, Studio B (Capitol Visitor’s Center).

    WHO:
    · Congresswoman Lucille Roybal-Allard (CA-40) – Ranking Member, House Appropriations Subcommittee on Homeland Security
    · Congresswoman Zoe Lofgren (CA-19) – Ranking Member, House Judiciary Subcommittee on Immigration and Border Security
    · Congressman Luis V. Gutiérrez (IL-04) – Co-Chair, Immigration Task Force, Congressional Hispanic Caucus
    · Congresswoman Judy Chu (CA-27) – Chair, Congressional Asian Pacific American Caucus
    · Congresswoman Alma Adams (NC-12)
    · Additional Democratic Members of Congress
  5. It is Procedurally Impossible to Deport 12 Million in 8 Years

    by , 02-24-2016 at 09:18 AM (Matthew Kolken on Deportation And Removal)
    My latest op-ed has been published on LatinoRebles.com where I address Ted Cruz's promise to deport 12 million people if elected President. In it I explain that given current immigration court resources it would be a procedural impossibility for any President to deport 12 million people in two terms.

    Here is a snippet:

    But back to Ted Cruz, who by all accounts is a respected and experienced constitutional lawyer. It is entirely possible, if not likely, that Senator Cruz has no experience navigating the murky waters of U.S. immigration law, let alone the procedural aspects of a deportation case. As such, I am willing to give him the benefit of the doubt with respect to his immigration ambitions, as misinformed as they may be. With that said, Senator Cruz’s promise to effectuate the mass deportation of 12 million people in the next decade is little more than fool’s gold, and in addition to being intellectually dishonest, is the fastest way for him to make history as the first native-born Canadian of Cuban descent to alienate the Latino electorate, and with it any legitimate chance at winning the White House.

    Click here to read the full article.

    Updated 02-25-2016 at 10:00 AM by MKolken

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