ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Recent Blogs Posts

  1. Expanding Family Detention Is Not the Answer to Cruel Family Separation Policy

    by , 06-21-2018 at 08:55 AM (Matthew Kolken on Deportation And Removal)
    AILA Doc. No. 18062036 | Dated June 20, 2018

    CONTACTS:
    George Tzamaras
    202-507-7649
    gtzamaras@aila.org
    Belle Woods
    202-507-7675
    bwoods@aila.org

    FOR IMMEDIATE RELEASE:
    Wednesday, June 20, 2018


    Washington, DC
    - Today, President Trump signed an Executive Order, which purports to end the separation of asylum-seeking families by expanding the use of family detention, while reaffirming his commitment to a "zero tolerance" policy of border prosecutions, even for those who lawfully claim a fear of persecution and are entitled to seek asylum in the United States. Anastasia Tonello, President of the American Immigration Lawyers Association (AILA) responded:


    "For years, AILA and our partners, joined by champions in Congress, have spoken out against the inhumane practice of detaining families seeking asylum, first under the Obama administration and now under the Trump administration. The detention of families - parents and children - who pose no flight risk or danger to the community is simply unacceptable, abrogates our international responsibilities to refugees, and goes against our country's most fundamental values. Hundreds of AILA attorneys have fought for the children and parents who have been detained after tumultuous escapes from violence and certain death in their home countries. They've seen the worry in a mother's eyes as her child's weight dwindles due to stress, fear, and inadequate medical care, the concern of a father trapped behind a fence, under 24-hour surveillance. We need to embrace our legacy as a safe haven for the persecuted and stop subjecting bona fide refugees to further trauma by locking them up while they pursue their lawful claims to relief.


    "Now, as the president attempts to sidestep the family separation crisis of his own making, our country faces another choice: whether to stand idly by as billions of taxpayer dollars are spent to establish new facilities to detain children and parents, inflicting further damage on already fragile human beings, or to stand firm against this appalling practice and the unnecessary 'zero tolerance' policy, which is a wasteful misdirection of prosecutorial resources and was the catalyst for the family separation crisis to begin with. The choice is not to either separate children from their families or jail them all.


    "Incarceration of families for prolonged periods of time is senseless, particularly when humane and cost-effective alternatives to detention have been proven to be effective. The barriers to due process that AILA attorneys have encountered at every detention facility only underscore what needs to happen: both family separation and family detention must end."


    ###
    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.

    Cite as AILA Doc. No. 18062036.
  2. Trump's Barbaric Child Separation Ends (For Now), But His Reign of Terror Against Non-White Immigrants Continues to Threaten Democracy. Roger Algase

    On June 20, Donald Trump gave into overwhelming pressure from all sectors of the American public, including not only religious leaders of all faiths and political leaders in both parties, but all living former first ladies and his own wife, and finally signed an executive order ending (at least for the moment) his cruel and barbaric child separation policy (with some loopholes or possible exceptions).

    However, he replaced it with an equally cruel policy of detaining immigrants families together indefinitely, even though this is now against the law -which he has said he will try to have changed, as vox.com's Dara Lind explains:

    https://www.vox.com/2018/06/20/17485...ilies-together

    Nor has there been the slightest letup in his attacks on non-white immigrants in general - whom he is continues to demonize as criminals and threats to America's very existence as a nation on an almost daily basis. Also, while this has been largely ignored in the media, Trump's inhuman policy of separating young children from their parents in an attempt to terrorize Central American and other non-white immigrants from seeking refuge in the United States is the other side of the coin of his frantic attempts to abolish critically important categories of legal family immigration which allow adult children to reunite with their parents.

    He calls this by the pejorative term "chain migration" and, again resorting to the Big Lie strategy at the foundation of his entire immigration agenda, accuses these legal family immigrants of being criminals and terrorists merely because most of them are not from "countries like Norway".

    But the most fundamental issue of all in Trump's anti-immigrant agenda is not even the question of whether immigrants to America will have the preferred European ancestry (which Trump upheld above all others at a speech in Poland almost exactly a year ago) or the white skin color which the more than 2,000 young Central American children who were brutally torn away from their parents within the past couple of weeks most noticeably lack.

    The biggest issue of all is whether America's democracy will be able to survive these corrosive attacks by the president and his enablers on our most fundamental values of equal justice and basic human rights.

    This issue is comprehensively and thoughtfully explored in an June 20 article on the site: theconversation.com called:

    Trump's act of state terrorism against children

    https://theconversation.com/trumps-a...children-98612

    I will discuss this perceptive article in more detail below.

    To be continued.

    Updated 06-21-2018 at 08:56 AM by ImmigrationLawBlogs

  3. GovTrac.us summarizes six proposals to end the separation of families immigrating illegally at the border.

    In May, the Trump Administration began a new zero-tolerance policy that is separating families at the border when they attempt to illegally immigrate to the United States. Six proposals are now before Congress to end this practice.

    The proposals take aim at ending the Administration’s actions from very different angles. That reflects the complex legal situation playing out. Although the Trump Administration has not ordered the separation of children from their families, the separation is a known, inevitable consequence of existing law that prohibits children from being detained by the Department of Homeland Security in federal prisonin this case, when their parents are detained for prosecution under the zero-tolerance policy.

    Here’s a quick summary of each proposal:


    • The simplest proposal is the Keep Families Together Act [S. 3036], which would prohibit the separation of children from their families at the border. It doesn’t specify what to do insteadthat would be left up to the Administrationbut some form of Catch and Release might be the only legal option available. The bill would also require information be given to parents on how to locate, and monthly updates about, their children. This is Sen. Dianne Feinstein’s proposal, and all Senate Democrats have signed on as cosponsors. For more, see our extended summary of the Keep Families Together Act.



    • Sen. Ted Cruz’s Protect Kids and Parents Act goes further. The bill would require that families be detained together. It would also speed up the judicial process by doubling the number of immigration judges available to hear cases and limit the duration of asylum review cases, and it would require that written guidance be given to asylum applications on how to locate separated children. For more, see our extended summary of the Protect Kids and Parents Act.



    Read more at https://govtrackinsider.com/six-prop...e-153900120e86


    Posted by Nolan Rappaport

    Updated 06-20-2018 at 05:20 PM by ImmigrationLawBlogs

  4. Trump Signs Executive Order on Family Separation

    by , 06-20-2018 at 03:13 PM (Matthew Kolken on Deportation And Removal)
    Affording Congress an Opportunity to Address Family Separation

    By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as follows:

    Section
    1. Policy. It is the policy of this Administration to rigorously enforce our immigration laws. Under our laws, the only legal way for an alien to enter this country is at a designated port of entry at an appropriate time. When an alien enters or attempts to enter the country anywhere else, that alien has committed at least the crime of improper entry and is subject to a fine or imprisonment under section 1325(a) of title 8, United States Code. This Administration will initiate proceedings to enforce this and other criminal provisions of the INA until and unless Congress directs otherwise. It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources. It is unfortunate that Congress’s failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law.


    Sec
    . 2. Definitions. For purposes of this order, the following definitions apply:


    (a) “Alien family” means

    (i) any person not a citizen or national of the United States who has not been admitted into, or is not authorized to enter or remain in, the United States, who entered this country with an alien child or alien children at or between designated ports of entry and who was detained; and
    (ii) that person’s alien child or alien children.
    (b) “Alien child” means any person not a citizen or national of the United States who
    (i) has not been admitted into, or is not authorized to enter or remain in, the United States;
    (ii) is under the age of 18; and
    (iii) has a legal parent-child relationship to an alien who entered the United States with the alien child at or between designated ports of entry and who was detained.

    Sec
    . 3. Temporary Detention Policy for Families Entering this Country Illegally.

    (a) The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.

    (b) The Secretary shall not, however, detain an alien family together when there is a concern that detention of an alien child with the child’s alien parent would pose a risk to the child’s welfare.
    (c) The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.
    (d) Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any facilities that are appropriate for such purposes. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.
    (e) The Attorney General shall promptly file a request with the U.S. District Court for the Central District of California to modify the Settlement Agreement in Flores v. Sessions, CV 85-4544 (“Flores settlement”), in a manner that would permit the Secretary, under present resource constraints, to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.

    Sec
    . 4. Prioritization of Immigration Proceedings Involving Alien Families. The Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families.


    Sec
    . 5. General Provisions.

    (a) Nothing in this order shall be construed to impair or otherwise affect:

    (i) the authority granted by law to an executive department or agency, or the head thereof; or
    (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
    (b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
    (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.


    DONALD J. TRUMP
    THE WHITE HOUSE,
    June 20, 2018.
  5. My Op Ed Published in the Guardian

    by , 06-20-2018 at 09:05 AM (Matthew Kolken on Deportation And Removal)
    According to a report by the Daily Beast, the US federal government has engaged the services of the defense industry to facilitate its strategy of tearing migrant children from the arms of their mothers as a deterrent to improper entry to country. Defense contractors’ intended role in this madness? Childcare providers.

    I took the opportunity to review the website of one such contractor, Virginia-based MVM, Inc. The website includes an impressive list of services and expertise – not including child care. As an immigration lawyer who frequently represents unaccompanied minors in immigration court, and as a father of two, I find it unconscionable that an industry that principally serves the needs of the military and federal law enforcement agencies would be charged with overseeing the health and wellbeing of children.

    Click here to read my full op-ed.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: