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The latest immigration news in Donald Trump's America is that raids and arrests of unauthorized immigrant "criminal aliens", at least some of whom have never been convicted of a crime and therefore are not criminals under the laws of this country, are continuing to strike fear in immigrant communities throughout America. and may be heading in the direction of full police state operations against Latino and other minority immigrants.
How long will it be before American citizens who have any connection al all with unauthorized immigrants start to fall into the dragnet of a very broad statute, INA Section 274, which makes it a felony to "assist" anyone who is present in the US without permission?
In another development, General Michael Flynn, who achieved notoriety for calling Islam a "cancer" rather than a religion, has resigned as a top national security advisor to the president because of an unrelated imbroglio over his connections with Russia, whose dictator, Vladimir Putin, is Trump's strong supporter.
Will the White House's remaining top Islamophobe, Stephen Bannon, who was reportedly instrumental in preparing Trump's Muslim ban executive order fiasco, be the next to go? No sign of this, but it would not be such a bad idea for those who care about religious freedom and equal rights in America.
Putin, incidentally, has been reported as planning to build a gulag of 83 prison camps, one in or near each major Russian city, for unauthorized immigrants in his country. Will this be an inspiration for his ardent admirer, America's new president?
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, he has been helping mainly skilled and professional immigrants obtain work visas and green cards. Roger's email address is email@example.com
Updated 03-05-2017 at 08:56 PM by ImmigrationLawBlogs
The good people at Syracuse University's TRAC Immigration have done it again. They just released a primer on ICE immigration raids.
From the primer:
According to ICE, 65,332 individuals apprehended by ICE officers were removed during FY 2016. This works out to roughly 1,250 per week.
However, only a small part of this weekly average of 1,250 apprehensions and removals last year represented ICE arrests of individuals who were picked up directly from the community in which they lived. For simplicity, we refer to this kind of arrest as "community arrests." They are arrests made through ICE raids, or when ICE agents knock on someone's door seeking to arrest the person that lives there.
Most ICE apprehensions were not these kinds of community arrests. Instead, most of these estimated weekly 1,250 ICE apprehensions happened when ICE assumed custody of individuals held by another law enforcement agency. Many of these apprehensions occurred when ICE took individuals into custody from the prison or jail facility where they had been serving time for their criminal conviction. This was coordinated through ICE's Criminal Alien Program (CAP).
Still others were transferred to ICE CAP custody after they were picked up and fingerprinted by local law enforcement agencies on a non-immigration matter. ICE became aware of these arrests since all fingerprints local, state, and federal law enforcement agencies submit to the FBI are now automatically passed along to ICE. ICE checks these against its records to see if the individual may be deportable.
Click here to read the rest of the primer.
Updated 02-14-2017 at 09:45 AM by MKolken
Syracuse University's TRAC Immigration explains "Just because a person was taken into ICE custody also didn't automatically mean the individual was ordered deported and removed from the country." The moral of the story is hire a good deportation defense lawyer, and remember, you get what you pay for.
From their latest report:
Large-scale use of ICE detainers is a relatively recent phenomenon. Detainers were infrequently used during the first five and half years of former President George W. Bush's Administration. However, during the last two years under Bush, detainer usage increased rapidly and continued to grow when President Barack Obama assumed office.
Examining what detainers actually achieved and did not achieve during the Obama and Bush years is important because under the Trump Administration's recent flurry of immigration executive orders it appears that the use of detainers is likely to surge. It also should be observed that very recent changes in the agency's Freedom of Information Act (FOIA) policies indicate that transparency about this and other ICE activities has been sharply reduced.
The data indicate that the growth in the use of detainers under Bush and Obama was surprisingly short lived. The preparation of ICE detainers peaked in August 2011 when 27,755 were recorded. And the number of these detainers that were followed by ICE taking the individual into custody peaked even earlier, during
March 2010. In that month 16,713 of the detainers, according to ICE records, were followed by the individual being taken into custody. This peak in March of 2010 was barely a year after President Obama assumed office. Detainer usage fell off after this.
Click here to view the entire report.