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Matthew Kolken on Deportation And Removal

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  1. Lawsuit Alleges ICE used Deceptive Tactics to Detain 120 Women and Children

    by , 08-10-2016 at 06:00 AM (Matthew Kolken on Deportation And Removal)
    A lawsuit has been filed by the Southern Poverty Law Center alleging ICE employed deceptive practices on more than 120 immigrant mothers an children potentially resulting in constitutional violations.

    From the lawsuit:

    On January 2 and 3, 2016, ICE agents conducted a multistate enforcement operation, sweeping into homes across Georgia, North Carolina, and Texas. Upon information and belief, ICE agents targeted and detained 121 people during these immigration raids, all of whom were women and children. ICE agents removed these women and children from their homes, and transferred them to an immigration detention facility in Dilley, Texas.

    These raids have raised serious concerns about potential constitutional violations. Upon information and belief, in several instances, ICE agents entered homes without obtaining lawful and voluntary consent during these immigration raids. In these cases, ICE agents allegedly used deception to gain entry into the homes, stating that they were police officers looking for a criminal suspect and showing residents a photo of an African American man. In other instances, ICE agents allegedly stated that they were only taking the immigrants into custody for a short time to examine the women’s electronic ankle shackles.

    Upon information and belief, the ICE agents did not have warrants to conduct these raids. The agents did not show residents copies of warrants, which are required to enter a home without valid consent, regardless of a person’s immigration status. When asked for copies of warrants or orders to enter a home,ICE agents ignored the requests, threatened residents, or ordered them to “be quiet.”
  2. The Obama Admin Continues to Jail and Deport Mothers and Children

    by , 08-08-2016 at 06:15 AM (Matthew Kolken on Deportation And Removal)
    The following update is via immigration lawyer Carol Anne Mauer Donohoe:

    1. Three weeks ago, ICE tricked a Vermont mother and her 15 year old daughter to come to their office to "pick up their green cards." They have pending applications for permanent residence based on mother's marriage to a U.S. citizen.

    2. Upon arrival, instead of getting their green cards, they are arrested and placed in a car (mother and 15 year old daughter) with several male ICE officers.

    3. They are taken by the male officers on an 8 hour drive.

    4. They are deposited at Berks where they are detained.

    5. They speak English. They are white. They have lived here over 5 years.

    6. At Berks, the (female) deportation officer lies to the mother, saying her green card application was denied. Saying she had no choice but to sign their deportation papers.

    7. Yesterday mother and daughter got notice that their removal would take place that evening.

    8. Their private attorney had contacted Bridget. She drove to Philadelphia yesterday morning to file the application for stay of removal prior to their deportation.

    9. The stay should be a no-brainer. They are not an enforcement priority. They have pending green card applications.

    10. We/they/all wait. And wait.

    11. At first, this mother and the Central American mothers at Berks were at odds. They were different. They spoke different languages. It appeared that this mother was getting preferential treatment. Now the other mothers understand: they are all mothers. They are one and the same.

    12. Mother and daughter are told by county staff to start packing their bags. Daughter begins to cry inconsolably. She wants to go back to playing soccer. She wants to start her sophomore year.

    13. The large, gruff, male deportation officer tells them to get moving.

    14. Mother says "You have lied to me before, why should I believe you now?"

    15. The County Staff kicks the legal advocate out of the building, the only person on the mother's side. She is forced to wait in the car.

    16. Bridget is told there will be a decision on the stay application "before the plane takes off." This is not encouraging. The stay should take minutes to grant.

    17. Mother and daughter are placed in the van. They are driven to JFK.

    18. It is looking hopeless. Even though this mother and daughter have every reason to be granted a stay, there is no answer from ICE. They have been lied to, more than once. This is what injustice looks like. Smells like. Tastes like.

    19. We reach out to anyone and everyone who could help.

    20. The mother's U.S. citizen husband is livid. He tells his wife "they are playing psychological games." He is right.

    21. The daughter's biological father in the UK says do not deport my daughter. (What kind of country does that?)

    22. At night time, we get the news: stay denied. Denied. Denied. Denied. We are told, under all evidence we have supplied to the contrary, that this mother and daughter are somehow an "enforcement priority."

    23. We drink. Heavily. Nothing will ever make sense in this system.

    24. We come home late. We wake up early. We are devastated.

    25. In the morning, we get an email from a Berks mom. Miraculously, the mother and daughter have been returned!! We don't understand. We are elated but don't understand. The stay was denied.

    26. Mother reports that they were put on the plane. There were technical difficulties. The door wouldn't close properly. They sat on the plane for 2 hours. The flight was canceled.

    27. At 2:00 a.m. they were put back in the car with the male ICE officers and driven back to Berks. There aren't many flights taking off for their country in Central Asia. They nearly get in an accident on the way home because the driver is tired.

    28. At Berks, the mother immediately writes to the deportation officer. "I will not eat a bite of food until my daughter and I are released."

    29. She is told by the lying deportation officer that her actions will "depress" her daughter. That she is being selfish.

    30. The ICE psychologist asks to speak with her. Maybe he's going to counsel her? Maybe he's going to help her talk through her traumatic ordeal and provide some much needed support.

    31. The psychologist tells her she will traumatize her child by refusing to eat. The mother says "YOU traumatized my child by putting her here."

    32. The psychologist says "if you don't eat, we will put you in isolation." He shows her the isolation room. The mother says: "Okay." (She is unshaken.)

    33. The psychologist says "we will put an I.V. in you." The mother says: "Okay."

    34. The psychologist says "we will put your daughter in foster care." The mother says: "Foster care will be better than prison and you can't put her there anyway, you liar, because she has a father."

    35. The psychologist has run out of threats.

    36. The mother gets a call from the ICE Field Office Director, the very same one who denied her stay and said she and her daughter were enforcement priorities. He says due to the plane malfunction and their subsequent return to Berks he's taken some time to "reconsider" the denial of the stay.

    37. He says the stay will be granted. Granted. Granted. If not for the malfunction, they would have been on that plane, flying thousands of miles away from her husband, her daughter's stepfather, her daughter's school, their home. They were an enforcement priority until they weren't.

    38. Mother and daughter are on their way back to Vermont, in a car driven by her U.S. citizen husband, her daughter's U.S. citizen stepfather. They will not forget their 3 weeks of hell.

    38. Meanwhile, the remaining mothers look at the calendar. At the end of this month, several will have been detained a year. A 2 year old boy will have spent half his life in prison.


    Tell me why.

    Updated 08-08-2016 at 03:02 PM by MKolken

    Tags: children, ice, jails Add / Edit Tags
  3. FAQ on Policies For Immigration Enforcement at Sensitive Locations

    by , 08-04-2016 at 07:43 AM (Matthew Kolken on Deportation And Removal)
    Via the Department of Homeland Security:

    Do the Department of Homeland Security’s policies concerning enforcement actions at or focused on sensitive locations remain in effect?

    U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have each issued and implemented policies concerning enforcement actions at or focused on sensitive locations. The ICE Sensitive Locations Policy and the CBP Sensitive Locations Policy remain in effect, and these FAQs are intended to clarify what types of locations are covered by those policies. ICE and CBP conduct their enforcement actions consistent with the Department of Homeland Security’s November 2014 memorandum, which prioritizes the removal of national security, border security, and public safety threats.

    What do the Department of Homeland Security policies require for enforcement actions to be carried out at sensitive locations?

    The policies provide that enforcement actions at or focused on sensitive locations such as schools, places of worship, and hospitals should generally be avoided, and that such actions may only take place when (a) prior approval is obtained from an appropriate supervisory official, or (b) there are exigent circumstances necessitating immediate action without supervisor approval. The policies are meant to ensure that ICE and CBP officers and agents exercise sound judgment when enforcing federal law at or focused on sensitive locations, to enhance the public understanding and trust, and to ensure that people seeking to participate in activities or utilize services provided at any sensitive location are free to do so, without fear or hesitation.

    What does the Department of Homeland Security mean by the term “sensitive location”?

    Locations covered by these policies would include, but not be limited to:

    • Schools, such as known and licensed daycares, pre-schools and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events, and school bus stops that are marked and/or known to the officer, during periods when school children are present at the stop;
    • Medical treatment and health care facilities, such as hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities;
    • Places of worship, such as churches, synagogues, mosques, and temples;
    • Religious or civil ceremonies or observances, such as funerals and weddings; and
    • During public demonstration, such as a march, rally, or parade.


    What is an enforcement action?


    An enforcement action covered by this policy is any action taken by ICE or CBP to apprehend, arrest, interview, or search an individual, or to surveil an individual for enforcement purposes.

    Actions not covered by this policy include activities such as obtaining records, documents, and similar materials from officials or employees, providing notice to officials or employees, serving subpoenas, engaging in Student and Exchange Visitor Program (SEVP) compliance and certification visits, guarding or securing detainees, or participating in official functions or community meetings.

    Are courthouses sensitive locations?

    Courthouses do not fall under ICE or CBP’s policies concerning enforcement actions at or focused on sensitive locations. However, enforcement actions at courthouses will only be executed against individuals falling within the public safety priorities of DHS’s immigration enforcement priorities set forth in the November 20, 2014, memorandum from Secretary Johnson entitled Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants. Such enforcement actions will, absent exigent circumstances, not lead to arrest of non-targeted individuals and will, wherever practicable, take place outside of public areas of the courthouse.

    Where should I report a DHS enforcement action that I believe may be inconsistent with these policies?

    There are a number of locations where an individual may lodge a complaint about a particular DHS enforcement action that may have taken place in violation of the sensitive locations policy. You may find information about these locations, and information about how to file a complaint, on the DHS, CBP, or ICE websites.

    You may contact ICE Enforcement and Removal Operations (ERO) through the Detention Reporting and Information Line at (888)351-4024 or through the ERO information email address at ERO.INFO@ice.dhs.gov, also available at https://www.ice.gov/webform/ero-contact-form. The Civil Liberties Division of the ICE Office of Diversity and Civil Rights may be contacted at (202) 732-0092 or ICE.Civil.Liberties@ice.dhs.gov.

    You may contact the CBP Information Center to file a complaint or compliment via phone at 1-877-227-5511, or submit an email through the website at https://help.cbp.gov.
  4. The Mass Deportation Of Black Immigrants

    by , 08-03-2016 at 08:15 AM (Matthew Kolken on Deportation And Removal)
    Via Esther Yu-Hsi Lee, Immigration Reporter for ThinkProgress:

    "...deportation is part of the reality of the black immigrant experience. According to [a] forthcoming report by the Black Alliance for Just Immigration (BAJI) and New York University Law School’s Immigrants Rights Clinic, black immigrants make up 7 percent of the total immigrant population (roughly 3.4 million people) and 10.6 percent of all immigrants in removal proceedings between 2003 and 2015. In the 2014 fiscal year, the ICE agency deported 1,203 African immigrants."

    Click here for the full article.
  5. Unannounced Random Inspections of CBP and ICE Detention Facilities

    by , 08-02-2016 at 06:57 AM (Matthew Kolken on Deportation And Removal)
    Via the office of the Inspector General:

    FOR IMMEDIATE RELEASE

    For Information Contact:

    Thursday, July 28, 2016 Public Affairs (202) 254-4100

    DHS OIG Completes Three Rounds of Unannounced RandomInspections of CBP and ICE Detention Facilities

    Today, the Department of Homeland Security Office of Inspector General (DHSOIG) announced that it has completed three rounds of an ongoing program ofunannounced inspections of Customs and Border Protection (CBP) andImmigration and Customs Enforcement (ICE) detention facilities. Since March,the OIG has inspected 57 different CBP detention facilities and 3 ICE familydetention facilities.

    The OIG initiated this inspection program in response to concerns raised byimmigrant rights groups and complaints to the DHS OIG Hotline regardingconditions for aliens in CBP and ICE custody. The OIG has worked closely withthese groups in developing its program. These unannounced spot inspectionsare intended to monitor DHS compliance with official government health,safety, and detention standards, and to examine conditions for minors at thosefacilities where minors are present. The inspection design included protocolsfor the OIG to promptly notify CBP and ICE of any serious concerns it identifiedto ensure they were immediately addressed and rectified.

    The DHS OIG is an independent oversight body within DHS, with the authorityto inspect and investigate all aspects of DHS programs and operations, and toreport its findings to the Secretary, Congress, and the public. The results ofthese inspections will be incorporated into a public report to be issued in thefall. “These unannounced inspections offer significant insight into theconditions at these facilities, and give the American public confidence in ourindependent and rigorous oversight of DHS’ treatment of immigrant detainees,”said Inspector General John Roth. “We will continue to conduct theseinspections to monitor conditions at ICE and CBP facilities across the country.”The Inspector General also commended ICE and CBP for their cooperationduring these inspections.

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