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  1. ICE Arrests 37 People in New Jersey Immigration Enforcement Surge

    by , 07-16-2018 at 09:33 AM (Matthew Kolken on Deportation And Removal)
    NEWARK, N.J. ó U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Newark Field Office arrested 37 individuals during a five-day operation that concluded Friday, as part of the agencyís ongoing public safety efforts. The operation targeted criminal aliens who were previously incarcerated at the Middlesex County Jail (MCJ), and who were subsequently released to the community by MCJ, without honoring the ICE detainer or advising ICE of their release. The operation also targeted other criminal aliens residing in Middlesex County.

    Of those arrested, 16 subjects had been previously released by MCJ without honoring the ICE detainer and 78% had prior criminal convictions or pending criminal charges.
    ďERO New Jersey will continue to enforce ICEís commitment to public safety,Ē said Ruben Perez, acting Field Office Director of ERO in Newark. ďMiddlesex county, which aspires to be a Ďsanctuary countyí by protecting criminal aliens, in the process assists criminals in undermining federal law, and creates a dangerous environment in the community. It also overburdens local law enforcement. ICE will continue to execute its mission in such communities.Ē
    The individuals arrested as part of the operation were nationals of Brazil, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Ivory Coast, Mexico, Nigeria, Peru, and Turkey.

    These individuals range from 21 to 68 years old and all were previously arrested or convicted of a variety of offenses. Some of the arrests and convictions included: aggravated criminal sexual contact, aggravated assault, DUI, hindering apprehension, endangering the welfare of a child, battery, theft, burglary, possession of a weapon, forgery, domestic violence assault, disorderly conduct, and illegal entry.

    The 16 subjects that were released by MCJ and arrested during this operation include:

    A 68-year-old citizen of Mexico was arrested by the Perth Amboy Police Department on January 23, 2009, in Middlesex County for the crimes of murderĖpurposely and hinder prosecution-false info and was booked into the Middlesex County Jail. On June 14, 2011, he was convicted of aggravated manslaughter and hinder own prosecution-false info and was sentenced to 25 years imprisonment in state prison. On May 5, 2015, the subject was transferred from state prison back to the custody of the Middlesex County Jail as he appealed his convictions. On May 5, 2015, ICE issued a detainer to Middlesex County Jail. On May 22, 2018, the original charge was overturned and he was found guilty of a single felony charge of hindering-oneself-give false information and sentenced to time served. Even though an ICE detainer was previously issued he was released.

    A 21-year-old citizen of Turkey was arrested by the South Brunswick Police Department on May 10, 2017, in Middlesex County for burglary entering structure and theft by unlawful taking, and was booked into Middlesex County Jail. On May 10, 2017, ICE issued a detainer, but the detainer was not honored and he was released. On July 15, 2017, he was arrested for resisting arrest, obstructing the administration of law, and possession of marijuana. On October 12, 2017, he was arrested by ICE officers in Monmouth Junction, New Jersey and was subsequently released on bond by the Immigration Judge. On April 12, 2018, he was arrested for a third time for simple assault, harassment, and possession of a weapon for unlawful purpose, and was booked into the Middlesex County Jail. On April 13, 2018, ICE issued a detainer, but the detainer was not honored again and he was released.

    A 32-year-old citizen of Mexico was arrested by the New Brunswick Police Department on August 12, 2016, in Middlesex County for Aggravated Sexual Assault- Helpless Victim, Aggravated Criminal Sexual Contact, Sexual Assault-Force/Coercion, and Criminal Sexual Contact and booked into the Middlesex County Jail. On August 16, 2016, ICE issued a detainer. On May 18, 2018, he was convicted of Aggravated Criminal Sexual Contact and sentenced to 644 daysí time served, parole supervision for life and registration under Meganís Law. On May 21, 2018, Middlesex County Jail refused to honor the detainer and he was released.

    A 26-year-old citizen of Mexico was arrested by the North Brunswick Police Department on February 17, 2017, in Middlesex County for driving while his license was suspended and on his court date of May 23, 2017, he was found guilty and sentenced to ten (10) days of incarceration at the Middlesex County Jail. On May 31, 2017, ICE issued a detainer, but the detainer was not honored and he was released. He also had a prior conviction for DUI.

    A 46-year-old citizen of Mexico was arrested by the Carteret Police Department on December 15, 2017, in Middlesex County for domestic violence/simple assault and booked into the Middlesex County Jail. On December 25, 2017, ICE issued a detainer, but the detainer was not honored by Middlesex County Jail and he was released. On June 28, 2018, he was convicted of Domestic Violence Assault.

    A 34-year-old citizen of Mexico was arrested by the Edison Police Department on May 29, 2018, in Middlesex County for aggravated assault and possession of a weapon and booked into the Middlesex County Jail. On May 30, 2018, ICE issued a detainer, but the detainer was not honored and he was released.

    A 42-year-old citizen of Honduras was convicted of illegal entry on November 10, 2009, and removed. On June 12, 2017, she was arrested by the Woodbridge Police Department, in Middlesex County for shoplifting, and released. On March 11, 2018, she was again arrested for shoplifting, and released. On April 21, 2018, she was arrested for a third time for shoplifting, and booked into Middlesex County Jail. On April 21, 2018, ICE issued a detainer, but the detainer was not honored and she was released.

    A 21-year-old citizen of Guatemala was arrested by the Green Brook Police Department on June 20, 2018, in Somerset County for driving under the influence of alcohol and by the Middlesex Police Department (later that same day) in Middlesex County, for burglary-entering structure, theft by unlawful taking, receiving stolen property and hindering oneself/ false information and was booked into Middlesex County Jail. On June 21, 2018, ICE issued a detainer, but the detainer was not honored by Middlesex County Jail and he was released.

    A 21-year-old citizen of Honduras was arrested by the New Brunswick Police Department on May 29, 2018, in Middlesex County for aggravated assault, possession of a weapon for unlawful purpose, unlawful possession of a weapon, and booked into the Middlesex County Jail. On May 29, 2018, ICE issued a detainer, but he was released.

    A 37-year-old citizen of Mexico was arrested by the New Brunswick Police Department on November 25, 2017, in Middlesex County for driving without a license, and booked into the Middlesex County Correctional Facility in North Brunswick, NJ. On November 25, 2017, an ICE detainer was issued but he was released.

    A 25-year-old citizen of the Dominican Republic was arrested by the Perth Amboy Police Department on May 25, 2018, in Middlesex County for harassment, hindering, and obstruction, and was booked into Middlesex County Jail. On May 29, 2018, ICE issued a detainer, but the detainer was not honored and he was released. He also has prior arrests for domestic violence and forgery.

    A 27-year-old citizen of the Dominican Republic was arrested by the Perth Amboy Police Department on January 25, 2018, in Middlesex County for aggravated assault - significant bodily injury to a victim of domestic violence, criminal restraint Ė hold victim, possession of a weapon for unlawful purpose, unlawful possession of a weapon and booked into the Middlesex County Jail. On January 30, 2018, ICE issued a detainer, but the detainer was not honored and he was released.

    A 41-year-old citizen of Honduras was arrested by the New Brunswick Police Department on September 18, 2017, in Middlesex County for driving with a suspended license and was booked into the Middlesex County Jail. On September 18, 2017, ICE issued a detainer, but the detainer was not honored and he was released. Subject has prior arrests for forgery.

    A 29-year-old citizen of Mexico was arrested by the Perth Amboy Police Department on March 12, 2018, in Middlesex County for aggravated assault on law enforcement and possession of CDS/analog and booked into the Middlesex County Jail. On March 13, 2018, ICE issued a detainer, but the detainer was not honored and she was released. She has prior arrests for assault by auto and DUI.

    A 28-year-old citizen of Peru was arrested by the Union City Police Department in Union City, New Jersey on May 08, 2018, for simple assault and booked into the Hudson County Jail (HCJ). At the time of his release from HCJ, it was discovered that he had an outstanding warrant for contempt from the Perth Amboy Police Department, in Middlesex County. He was transferred to the Middlesex County Jail on the warrant. On May 15, 2018, ICE issued a detainer to Middlesex County Jail but the detainer was not honored and he was released.

    A 29-year-old citizen of El Salvador was arrested by the Carteret Police Department on September 1, 2017, in Middlesex County for Endangering-Abuse/Neglect of a Child and booked into the Middlesex County Jail. On September 5, 2017, ICE issued a detainer, but the detainer was not honored and he was released. After his release, he was arrested for DUI and subsequently convicted on March 15, 2018 for the same offense.

    Those arrested will remain in ICE custody pending removal or immigration proceedings.

    ICE is focused on removing public safety threats, such as convicted criminal aliens and gang members, as well as individuals who have violated our nationís immigration laws, including those who illegally re-entered the country after being removed, and immigration fugitives ordered removed by federal immigration judges.

    For the first two quarters of Fiscal Year 2018, ICE arrests comprise over 66 percent convicted criminals. Of the remaining individuals not convicted of a crime, approximately 23 percent have either been charged with a crime, are immigration fugitives, or have been removed from the United States and illegally re-entered, reflecting the agencyís continued prioritization of its limited enforcement resources on aliens who pose threats to national security, public safety and border security.



    Last Reviewed/Updated: 07/16/2018
  2. Letters of the Week: July 16 - July 20

  3. Trump Didn't Begin Private Immigration Prison Abuses Such as Using EPA Toxic Site. But he is Making Them Worse. Will Kavanaugh Help Him? Roger Algase

    Donald Trump has not hesitated to engage in the wildest forms of myth making and fantasy about the supposed differences between his regime and the administration of President Barack Obama, whom he accuses of having allowed "criminal" immigrants to "pour into" the United States through "open borders" policies.

    http://www.chicagotribune.com/news/o...629-story.html

    But when in comes to horrific abuses against immigrant detainees, Trump is firmly in the tradition of his two immediate predecessors, Presidents Obama and G.W. Bush, at least with regard to up to almost 1.500 immigrant detainees being held at a prison at a dangerous EPA toxic Superfund site in Tacoma, Washington which was initially opened in 2004,

    as ThinkProgress reports on July 13.

    https://thinkprogress.org/superfund-...-75ff16ad20d9/

    This article gives an idea about exactly how much care Donald Trump and his two immediate predecessors have been showing for the health and safety of immigrant detainees:

    "The detention facility, which essentially serves as a prison, is located within a Superfund site - the designation given to areas contaminated by hazardous waste and selected by the EPA for cleanup due to the danger they pose to both human health and the environment."

    The report continues:

    The facility is located within the Tideflats, and industrial district within Tacoma. For years, fossil fuel development polluted the soil around the area, prompting the EPA to take action almost 30 years ago. The area is still heavily polluted and is deemed unfit for residents."

    And also:

    "Comments given to the city of Tacoma regarding regulations for the Tideflats in 2017 reveal residents have detected strong smells in the area along with side effects like burning eyes and throats. The soil in that area contains hazardous substances that can cause cancer and other diseases.

    Such complaints go back years, but the Northwest Detention Center opened nonetheless in 2004, despite safety concerns. Both a methanol plant and a liquified natural gas facility are located near the facility."

    But environmentally related complaints are not the only ones that have been made against this immigration prison. The above report also states:

    "Residential construction is banned in the area and accusations of sub-par food and medical treatment have prompted more than a dozen hunger strikes over the years from detainees, according to CNN."

    According to this report, the private prison company GEO, which runs this particular hell-hole and many other private immigration prisons through the country, is also being sued for allegedly using detainee slave labor at the Tacoma facility. And since GEO also happens to be the largest company in America engaged in the private immigration prison business, it is instructive to see how both Trump and his immediate predecessor have handled the use of private prisons to detain immigrants.

    To no one's surprise, President Obama's administration tried to put at least some breaks in the use of private prisons to detain immigrants, but business for GEO and other similar companies is expanding under Donald Trump. See a November 21, 2017 NPR story:

    Big Money As Private Immigration Jails Boom

    https://www.npr.org/2017/11/21/56531...ant-jails-boom

    But locking up thousands of Central American and other brown immigrants in inhuman conditions which, as the above ThinkProgress article also points out, have been condemned by numerous human rights organizations, isn't just good business.

    Shouldn't it also be fun?

    Especially at one of Trump's Florida golf resorts, where GEO executives - and warders - this is a democratic country after all - celebrated a lucrative new private immigration jail contract from the Trump administration last October.

    https://www.denverpost.com/2017/10/2...-trump-resort/

    One can also assume that while the private immigration prison moguls and their favorite jailers enjoyed their golfing and feasting at Trump's resort, the quality of the food was better than the maggot-infested food that GEO allegedly provided to detainees at the Tacoma, Washington prison, according to the above ThinkProgress article.

    This raises the question whether Trump's latest Supreme Court appointee, D.C. Circuit Judge Brett Kavanaugh, will take the side of the immigrant victims of these abuses if their lawsuits, present or perhaps future, against ICE and/or the private prison barons ever reach the High Court; or whether he will take the side of the abusers and human rights violators against the victims, just as he did in a dreadful 2009 Circuit Court decision denying Iraqi torture victims relief against US military contractors at the notorious Abu Ghraib prison during the G.W. Bush administration.

    I have recently written about this terrible decision in more detail in my July 13 comment in Immigration Daily. See:

    http://blogs.ilw.com/entry.php?10701

    Roger Algase
    Attorney at Law
    algaselex@gmail.com





    Updated 07-16-2018 at 06:51 PM by ImmigrationLawBlogs

  4. GLOBAL COMPACT FOR SAFE, ORDERLY AND REGULAR MIGRATION. July 11, 2018

    We, the Heads of State and Government and High Representatives, meeting in Morocco on 10 and 11 December 2018, reaffirming the New York Declaration for Refugees and Migrants and determined to make an important contribution to enhanced cooperation on international migration in all its dimensions, have adopted this Global Compact for Safe, Orderly and Regular Migration

    PREAMBLE


    1. This Global Compact rests on the purposes and principles of the Charter of the United Nations.
    2. It also rests on the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the other core international human rights treaties1; the United Nations Convention against Transnational Organized Crime, including the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air; the Slavery Convention and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; the United Nations Framework Convention on Climate Change; the United Nations Convention to Combat Desertification; the Paris Agreement2; the International Labour Organization conventions on promoting decent work and labour migration3; as well as on the 2030 Agenda for Sustainable Development; the Addis Ababa Action Agenda; the Sendai Framework for Disaster Risk Reduction, and the New Urban Agenda.
    3. Discussions about international migration at the global level are not new. We recall the advances made through the United Nations High-level Dialogues on International Migration and Development in 2006 and 2013. We also acknowledge the contributions of the Global Forum on Migration and Development launched in 2007. These platforms paved the way for the New York Declaration for Refugees and Migrants, through which we committed to elaborate a Global Compact for Refugees and to adopt this Global Compact for Safe, Orderly and Regular Migration, in two separate processes. The two Global Compacts, together, present complementary international cooperation frameworks that fulfil their respective mandates as laid out in the New York Declaration for Refugees and Migrants, which recognizes that migrants and refugees may face many common challenges and similar vulnerabilities.
    4. Refugees and migrants are entitled to the same universal human rights and fundamental freedoms, which must be respected, protected and fulfilled at all times. However, migrants and refugees are distinct groups governed by separate legal frameworks. Only refugees are entitled to the specific international protection as defined by international refugee law. This Global Compact refers to migrants and presents a cooperative framework addressing migration in all its dimensions.
    5. This Global Compact is a milestone in the history of the global dialogue and international cooperation on migration. It is rooted in the 2030 Agenda for Sustainable Development and the Addis Ababa Action Agenda, and informed by the Declaration of the High-level Dialogue on International Migration and Development adopted in October 2013. It builds on the pioneering work of the former Special Representative of the Secretary-General for International Migration and Development, including his report of 3 February 2017.
    6. As a contribution to the preparatory process for this Global Compact, we recognize the inputs shared by Member States and relevant stakeholders during the consultation and stocktaking phases, as well as the report of the Secretary-General, ďMaking Migration Work for AllĒ.
    7. This Global Compact presents a non-legally binding, cooperative framework that builds on the commitments agreed upon by Member States in the New York Declaration for Refugees and Migrants. It fosters international cooperation among all relevant actors on migration, acknowledging that no State can address migration alone, and upholds the sovereignty of States and their obligations under international law.


    Read more at https://www.un.org/pga/72/wp-content.../migration.pdf


    Posted by Nolan Rappaport

    Updated 07-15-2018 at 11:21 PM by ImmigrationLawBlogs

  5. Trump's Racist Assaults on Migrants for "Changing" Europe's "Culture" Echo Nazis, While USCIS Moves to Destroy Legal Immigration System. Roger Algase

    The following comment has been revised as of July 16 at 4:34 pm.

    As I have made clear many times in my previous comments, I have never claimed that Donald Trump is a Nazi, a fan of Hitler, an antisemite or a supporter of genocide or mass murder against anyone or any group of people. This would be as far from the truth as one could imagine.

    What I am contending is that in his attacks on Latin American, Muslim and black immigrants, while attempting to demonize and vilify them as dangerous outsiders who threaten the stability, welfare and even existence of America as a country, this president is using tactics, and even language, which bring back at least echoes of Nazi attacks on the Jews and other "outsiders" who were accused of "poisoning German culture" .

    See: US Holocaust Memorial Museum extract: Defining the Enemy. (I cannot find a working link; please go to Google to access.)

    See also historian Richard J. Evans writing in The Nation as follows (on February 28, 2017):

    "In speech after speech, Hitler and the other leading Nazis attacked the Jews who, they claimed, had orchestrated the efforts...to destroy Germany's military prowess and cultural purity."

    https://www.thenation.com/article/th...roy-democracy/

    Obviously, Trump's attacks on brown immigrants are not in any way leading to mass murder or anything remotely approaching it. But his demonization and dehumanization of non-white immigrants have already lead to at least one appalling human rights violation, the forced separation and incarceration of young children torn away from their parents.

    While some children have already been released from the cages and shackles where many had been confined by the Trump regime in an effort to punish and intimidate their parents in the name of "deterrence", some others may never be reunited; and America has already has already suffered damage to its fundamental values as a nation of justice, basic compassion and humanity which might take years, or decades, to recover from.

    With the above as introduction about events that are already past, why are Trump's latest racist rants against African, Middle Eastern and other non-white immigrants in Europe so full of ominous implications of American immigration policy and Rule of Law right now?

    To understand this, we need to look at three factors - first, what Trump actually said about non-white immigrants in Europe; second, how this compares with, not only Nazi attacks on the Jews, but with the language that US white supremacists are currently using against brown immigrants; and third, what this means for current US immigration policy in the light of recent drastic changes in handling petitions and applications for legal immigration benefits recently announced by USCIS, and AG Jeff Sessions trashing of the Rule of Law in asylum cases, both of which will be discussed in detail in my forthcoming comments.

    The following will show that, in Donald Trump's America, even legal immigrants who do not happen to be from "Countries like Norway", but who have darker complexions, are facing - not mass extermination by any stretch of the imagination, but mass exclusion from the US instead; while millions of other brown immigrants face the threat of mass expulsion, and the democratic rights and freedoms of the American people are in danger of mass extinction.

    I will begin with what Trump has actually been saying about Muslim and other non-white immigrants in Europe.

    First, the following, from a comment Trump made to a British newspaper only a few days ago while he was in Brussels, just befor leaving for the UK:

    "I think what has happened in Europe is a shame. Allowing the immigration to take place in Europe is a shame. I think it changed the fabric of Europe and, unless you act very quickly, it's never going to be what it was and I don't mean that in a positive way...I think you are losing your culture. Look around."

    https://www.alternet.org/trumps-clai...-be-challenged

    Next, there is his June 18 tweet, as quoted in thinkprogress.org:

    "The people of Germany are turning against their leadership as migration is rocking the already tenuous Berlin coalition. Crime in Germany is way up. Big mistake made all over Europe is allowing millions of people in who have so strongly and violently changed their culture!"

    https://thinkprogress.org/trump-immi...-8080be2c9287/

    "Culture" of course is not just an historical term that was one of the many used by the Nazis to attack the Jews. It is very much in use today as an open synonym for race by today's white supremacists, especially among those who refer to themselves as the "Alt Right". The Anti-Defamation League (ADL) explains as follows:

    "American Indentitarians such as Richard Spencer claim to want to preserve European-American (i.e. white ) culture in the U.S. As Michael McGregor, a writer and editor for Radix wrote in an article in the publication, Identitarians want "the preservation of our identity - the cultural and genetic heritage that makes us who we are'".

    https://www.adl.org/resources/backgr...hite-supremacy

    Donald Trump certainly knew who his audience was when he talked about the alleged danger of legal as well as unauthorized immigration to "European culture" in the above remarks.

    This was not the first time that Trump has preached thinly coded white supremacy to a European audience - for consumption by his American supporters.

    He did the same thing almost exactly a year ago, in a July 6, 2017 address in Warsaw, Poland focusing on the supposed threat from outside to Europe's "civilization" and "bonds of common ancestry", in a fiery speech which some commentators at the time equated with the 19th Century German "Blood and Soil" (Blut und Boden) ideology that became a centerpiece of Nazi propaganda as well.

    https://www.politico.com/magazine/st...victory-215353

    Three other things stand out about Trump's above two remarks:

    First, the Big Lie, without which, it seems, almost none of Trump's statements of any kind relating to immigration would be complete.

    ThinkProgress
    comments about Trump's above tweet as follows:

    "Multiple studies have shown that, despite the increase in immigration to parts of Europe over the past few years, the number of crimes committed by migrants and refugees is still low."

    This parallels similar reports of US studies which conclude that the violent crime rate among immigrants in the US, including unauthorized immigrants, is not any higher than among native-born American citizens.

    https://www.npr.org/2018/05/02/60765...-violent-crime

    and, according to some reports, may even be significantly lower:

    https://www.nytimes.com/interactive/...tion-myth.html

    Second, as mentioned above there are the disturbing and ominous parallels between Trump's attacks on non-white immigrants, both in Europe and the US, and the Nazis attacks against the Jews as destroyers of German "culture".

    Third, and most dangerous of all for the future of racial equality and democracy itself in America, is that way that both the DOJ under Attorney General Jeff Sessions and DHS Chief Kirstjen Nielsen are combining to turn America's entire system of asylum law into one ruled by authoritarian diktat rather than by any principles of due process or judicial independence. See, America's Voice, July 13:

    Attorney General Sessions and DHS Secretary Nielsen Join Force Again, This Time to Close the Door on Asylum

    (Link not available, please go to Google to access.)

    In a move that is even more dangerous for immigrant rights, USCIS is now threatening applicants for legal immigration benefits with deportation, in a matter that could undermine or even destroy a major part of America's legal immigration system as we now know it. See, America's Voice:

    USCIS Transforming Itself From Immigration Benefit Agency to an ICE Deportation Feeder Operation

    http://bit.ly/2zK2Hku

    Both of these topics will be the subject of my forthcoming comments.
    __________________________
    Roger Algase is a New York immigration lawyer and graduate of Harvard College and Harvard Law School. He has been practicing primarily in the area of visas and green cards for skilled and professional immigrants for more than 35 years.

    Roger also writes about immigration law from the perspective of human rights, racial equality and equal justice for everyone before the law, all of which are now under unprecedented attack. His email address is algaselex@gmail.com


    Updated 07-16-2018 at 10:13 PM by ImmigrationLawBlogs

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