Matthew Kolken on Deportation And Removal

WARNING to DREAMers that want to apply for Deferred Action

The good people at the National Immigration Project, the National Immigrant Youth Alliance, and United we Dream have issued the following important warning to people interested in applying for deferred action under the new prosecutorial discretion guidelines announced by President Obama.

DO NOT apply without getting your criminal history (including juvenile delinquency adjudications) reviewed FIRST. The Department of Homeland Security (DHS) will conduct background checks, collect information from local law enforcement, and examine your criminal history, including arrest records and criminal warrants. You risk having DHS and/or ICE detain and deport you, if you apply for deferred action without having your criminal history reviewed.

They also point out that there are many disqualifying variables in the policy memorandum that are open to interpretation, and that have not been properly defined by the administration.

These include:

• The definition of "significant misdemeanor";
• What constitutes a public safety threat; and
• What constitutes a national security threat.

They offer the following recommendations:

1. Get a copy of your record from whatever court your case was heard, including all juvenile delinquency adjudications. Try to get copies of police reports, a criminal history background check, or your “rap sheet.” Many states already have systems for you to collect your criminal history. In many cases, you can find it on your local county website or state government websites. Make sure you get them from all states where you believe you may have been arrested or convicted.

2. Meet with a nonprofit organization, an immigration attorney or advocate experienced in deportation defense or the immigration consequences of criminal convictions. Make sure they review all your arrest information and criminal conviction documents. Do NOT consult “Notarios” if you have a criminal history.

Sage advice.

Click here to read the warning.

Obama Administration Moves Forward with Deportation. Tells DREAMer: "The memo doesn't apply to you yet."

Taken from DREAMActivist.org:

"Despite President Obama's promise on June 15th to immediately halt the deportation of DREAM-eligible youth Lesther is still being deported. In fact Lesther went to DHS on Wednesday, June 20th to ask for a reprieve only to be told 'the memo doesn't apply to you yet.'"

Please take action: Call ICE Director John Morton 202-732-3000 or 202-732-3100

Sample Script: “Hi, I am calling to ask ICE to stop the deportation of Lesther A#200-579-021. Lesther is DREAM Act eligible and, despite president Obama's executive order he is being told he must deport by June 27th. Stop his deportation!"

Click here to sign the Petition.

Obama's Abusive Relationship with Undocumented Immigrants, by Jonathan Perez

The following essay was written by Jonathan Perez, Project Manager at the Immigrant Youth Coalition.  He has given me permission to repost it here.  It is entitled "Obama's abusive relationship with undocumented immigrants." I found it both insightful and chilling.

We all have seen the movies or have experienced it for ourselves, an abusive relationship whether its physical or emotional there are signs that tell us that we are in one, it might have been good at first but it never lasts. The telltale sign of an abusive partner is fear of the abuser because they have harmed or threatened to harm you.

According to help guide.org a support site for domestic violence there is a cycle that follows 6 stages when it comes to abusive relationships.

It begins with Abuse - Your abusive partner lashes out with aggressive, belittling, or violent behavior. The abuse is a power play designed to show you "who is boss."

Second is Guilt - After abusing you, your partner feels guilt, but not over what he's done. He's more worried about the possibility of being caught and facing consequences for his abusive behavior.

Third is Excuses - Your abuser rationalizes what he or she has done. The person may come up with a string of excuses or blame you for the abusive behavior--anything to avoid taking responsibility.

Fourth is "Normal" behavior/Honey moon -- The abuser does everything he can to regain control and keep the victim in the relationship. He may act as if nothing has happened, or he may turn on the charm. This peaceful honeymoon phase may give the victim hope that the abuser has really changed this time.

Fifth is Fantasy and planning - Your abuser begins to fantasize about abusing you again. He spends a lot of time thinking about what you've done wrong and how he'll make you pay. Then he makes a plan for turning the fantasy of abuse into reality.

Sixth is Set-up - Your abuser sets you up and puts his plan in motion, creating a situation where he can justify abusing you.

Lets look at our abusive relationship with Obama from its first stage.

Abuse- Obama when he came into office began expanding the reach of programs like "secure communities" and 287g leading to over a million deportations in just a few years.

Guilt- Obama then said that he supports the DREAM Act and that it should pass, although he didn't do much to make sure it was passed he didn't want people to find out that he is deporting hundreds of thousands of immigrants.

Excuses- He then justified his actions by saying they are only targeting criminals and people who pose a threat to national security.

"Normal" Behavior/honey moon- Memo #1 is issued stating that the Department of homeland security would only target "criminal aliens" and many people believed he had changed at this point and things would get better.

Fantasy and Planning- Obama secretly had approved a goal of 400,000 deportations a year starting in 2010.

Set up- It is revealed that they came close to their goal of 400,000 a year but Obama clarifies that it is only for criminal aliens and no one said a thing, with no training and a quota to meet, ICE agents ignored the memo and continued to relentlessly deport even DREAM Act eligible youth.

We did not stop the abuse and we began a new cycle where the second memo "prosecutorial discretion" was the "normal Behavior/honeymoon" and 1% of cases reviewed were granted prosecutorial discretion. Now we find ourselves in the cycle for a third time Obama says he will change again by his latest memo of deferred action. We are in the honeymoon stage but remember he has a plan still the quota is still there. Advocates and Non Profit organizations continue to say that we must support Obama because he is better than Romney.

Well if you are in an abusive relationship you do not stay with that person because the other option is worse! Many celebrate and choose to ignore the warning signs, but when are we as immigrants going to say enough and continue to believe that our abuser has changed but I guess third time is a charm right, but as we all know sometimes it's too late and we could have stopped it.

Vote Gary Johnson for President in 2012

Business as Usual: Less than a Week Later ICE cites John Morton Memo Denying Stay of Removal for DREAMer

The ink isn't even dry on the Obama administration's latest public relations stunt, and ICE continues to deny requests for prosecutorial discretion under the "authority" of the previous Morton memo.  The new deferred action memo was issued last Friday, June 15, 2012.  

Four days later, on June 19, 2012, DREAMer Henry Rocho made a desperate plea to the Obama administration to stay his removal.  His request was summarily denied.  Senator Mary Landrieu (D-Louisianna) intervened on Henry's behalf.  

On June 20, 2012, ICE's New Orleans Field Office Director Phillip T. Miller told Sentor Landrieu that Henry did not warrant a favorable exercise of prosecutorial discretion because he had a criminal conviction for petting a police horse.  This egregious act resulted in his characterization as a serious criminal requiring deportation.

Director Miller indicated that the only prosecutorial discretion ICE was willing to exercise was to release Henry from custody so that he could prepare for his imminent deportation.  

Thanks for nothin'.

This doesn't surprise me in the slightest.  Yesterday, a DREAMer reported to me that ICE's Detroit Field Office allegedly told him that they have no intention of implementing the new prosecutorial discretion memo, and that business will continue as usual.

The Obama apologists have assured us all that the results will be much different now that the new memo has been issued.  Apparently not.

Stop drinking the Kool-Aide people. 

The following was taken from the DreamActivist.org website.  I urge you to take immediate action.

Henry Roche, a 26 year old resident of New Orleans faces the devastating reality of being removed from his family and deported to Guatemala in less than one week. Despite having lived in New Orleans for the past 6 years, ICE sees Henry and his family simply as a deportation case. They believe that separating his family and sending Henry back to Guatemala, the country where Henry and his family had faced acts of violence, extortion and a real concern for their safety, is justified as a moral action to be taken.

After being followed and threatened again by local criminals in Guatemala and experiencing the failed action of the local police to address the reports that he and his family had filed, Henry decided to take his dreams of becoming a dentist and join his family in the US. Henry’s family came to New Orleans to seek refuge and reunite with their relatives who have resided in New Orleans for over 36 years serving our country in the US military. A graduate of accounting from Guatemala, Henry came to the US to join his family and develop a better and safer life for himself. 

Denied of political asylum despite having legitimized police reports of Henry and his family’s life threatening experiences, ICE then turned to assign a deportation order for the whole family. Henry, who also graduated with a accounting degree from Guatemala, has made the most of his opportunity living in the city, which has become his home, by splitting his days working and attending Delgado Community College part time in order to achieve his dream to become a dentist. 

According to the memo issued by John Morton, Henry is a low-priority case and should be granted favorable use of prosecutorial discretion. If Henry is to be deported, not only will he be separated from his family, but his life may be put in grave danger from unstable security in Guatemala. 

Click here to sign the petition to stop Henry's imminent deportation.

AILA ALERT: DREAMers NOT currently in Deportation Proceedings should NOT apply affirmatively for Deferred Action

Thankfully, the good people at AILA are alerting DREAMers that are not currently in removal (deportation) proceedings to hold off on registering under the new deferred action program. 

This is a smart and cautious move.  At this time we have no idea how the administration will implement the new policy memorandum.  If past implementation of the Morton memo is any indication of future results, very few people will benefit from deferred action.

If you are currently in proceedings there is nothing to lose by requesting deferred action, as it will potentially stave off removal.

What concerns me the most is that the announced policy in effect creates a database of children that do not have valid immigration status.  There is no way of knowing how this administration, or future administrations will utilize this information should deferred action be denied.  A conceivable result to registration is the immediate institution of removal proceedings, which will stop time for cancellation of removal eligibility.  Moreover, there are no guarantees that should deferred action be granted it will ultimately be extended at the end of the two-year period.  

Needless to say, I have a really bad feeling about this, as I simply do not trust this President.

I REALLY hope I'm wrong.

Prove me wrong Mr. President.

Morton Memo II: Deferred Action Promised to DREAMers

By now you've probably heard about the big announcement coming from the Obama administration that they intend to exercise prosecutorial discretion on behalf of DREAMers.

The most recent memorandum is dated today (June 15, 2012), and can be read in its entirety here. 

Here are the criteria for consideration:

The individual must have:

• Come to the United States under the age of sixteen;

• Have continuously resided in the United States for a least five years preceding the date of this memorandum and is present in the United States on the date of this memorandum;

• Are currently in school, has graduated from high school, have obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

• Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and

• Are not above the age of thirty.

The memorandum addresses situations where a DREAMer is in deportation proceedings, and further promises work authorization on a case by case basis.

The announcement unsurprisingly comes at the heels of the most recent Time magazine cover story that tells the story of being undocumented America.

What I find most transparently troubling about the timing of this recent "policy shift" is that President Obama has spent the last 3.5 years saying that he is powerless to stop the deportation of approximately 1.5 million people.  With the release of a single article in an election year all of that changed in an instant.

The press is already billing the new memo as amnesty.  To this I say pffft.

Check the fine print and you will see that it confers no substantive right, immigration status or pathway to citizenship, and appears strikingly similar to last year's Morton memorandum that only resulted in about 2,000 cases being administratively closed.

Moreover, whenever I hear the dreaded buzz words "case by case basis" I get a little queasy.

According to a just released Q&A here is how this memo is supposed to be implemented:

Individuals who are not in removal proceedings or who are subject to a final order of removal will need to submit a request for a review of their case and supporting evidence to U.S. Citizenship and Immigration Services (USCIS).  Individuals may request deferred action if they meet the eligibility criteria. In the coming weeks, USCIS will outline and announce the procedures by which individuals can engage in this process.

This process is not yet in effect and requests should not be submitted at this time.

That is one seriously big 'if'.  Kinda like when the Obama administration excluded "criminal aliens" from Morton memo eligibility by defining "criminal" to include people that have never committed a crime.

I REALLY hope that I'm wrong about all of this, but as the saying goes: "Fool me once, shame on you.  Fool me twice, shame on me."

Needless to say I'm taking a wait and see approach.

Addressing the Predictions of the Immigration Policies of a Romney White House

My esteemed colleague Roger Algase has just written a blog that addresses some perceived concerns of what is likely to occur if the Republican challenger wins the White House this November. 

In sum, Roger has listed the following predictions of potential changes in immigration policy should Romney win the election.  I strongly, and respectfully disagree with both Mr. Algase's predictions, and conclusions, offering the following in response.

Prediction 1.    There will be "[m]assive federal grants of money and manpower to the states in order to help them enforce their Alabama and Arizona type immigrant persecution laws"

This is already happening under Obama as he just increased the number of deportation agents by 25%.

Obama has justified this increase by stating that ICE is targeting "criminal" aliens, when the statistics actually show that far fewer criminal aliens are being deported.  Moreover, the Obama administration's definition of "criminal" includes people that have never committed a crime.

Prediction 2.    Romney will make "all immigration violations, even the most trivial and technical, felonies."

Since taking office President Obama has more than DOUBLED the amount of federal criminal prosecutions for "trivial" immigration related crimes. There has never been a President in the history of the United States that has targeted immigrants for criminal prosecution like the Deporter in Chief.

Prediction 3.    Romney will "nullify the 14th Amendment's guarantee of birthright citizenship."

The President does not have the authority to unilaterally "nullify" any amendment of the Constitution.

This statement is hyperbole at best.  

Prediction 4.     Romney will put an immediate end to prosecutorial discretion.

Did it ever begin? About 2,000 cases nationwide have received a favorable exercise of prosecutorial discretion and many of those involved cases that garnered media attention.  Wouldn't want any more bad publicity in an election year.

The Morton memo was nothing more than a PR stunt to placate the Hispanic electorate, and to distract people away from the fact that the vast majority of people being deported have no criminal convictions, have United States citizen spouses and children, qualify for a favorable exercise under the established criteria, and have been racially profiled by the administration for deportation.

As for increasing the annual number of deportations to 1,000,000, this is literally an impossibility, or President Obama would have already achieved it. The current Obama deportation rate is 400,000 per year.  A record.

The immigration courts are so backed up with pending Obama deportations that it is common practice for immigration judges to adjourn cases for 1-2 years between hearings. In order to accommodate 1,000,000 deportations per year Romney would need, at the very least, to double the number of immigration judges nationwide, which is currently impossible due to the hiring freeze in place.  Even if the freeze is ultimately lifted it would take time to hire and train the judges. This doesn't happen overnight.

In addition to overwhelmed judges, Office of Chief Counsel has been dragged away from their caseload to review hundreds and thousands of pending Obama deportations, which in 99% of the cases they ultimately move forward with deportation.  If anything, Obama has wasted taxpayer resources to create the illusion that he is pro-immigrant.  

Not exactly my idea of what constitutes "smart" immigration enforcement, unless you define "smart" as idiotic and wasteful. 

Parenthetically, I would welcome the increase in the number of immigration judges as well as trial attorneys because due to the caseload that President Obama has forced them to accommodate, immigration judges and trial attorneys are overworked, and understaffed, which adversely impacts my clients' right to due process.

Prediction 5.    Romney will create a moratorium on all further immigration.

False.  Congress creates the law.  This is beyond the power of the Chief Executive who may only sign or veto legislation that is placed on his desk for consideration.  

Isn't this the same tired excuse offered by Obama over the last 3.5 years?  That he doesn't have the power to change the law.  This line has been repeatedly parroted by Obama to excuse his complete inaction on immigration reform.   

It should be noted that the current draconian immigration law that has been described by most as "beyond broken" was signed by President Clinton, the last Democrat who held office.  I find it tragically ironic that the current Democrat in office is utilizing the law signed by the last Democrat in office to destroy more families with deportation than at any time in history, while attempting to paint the Republican challenger as anti-immigrant.

With friends like these, who needs enemies.

I believe that the exact opposite will occur if Obama loses this election. I envision an increase in the number of H-1B visas, as well as a reallocation of employment bases visas.

There has never been a period in my career where an administration has been more hostile towards business immigration. Obama has put up barriers to obtaining the most mundane employment based visa. It is as if he has put a moratorium on immigrants coming to the United States for business purposes.

The bottom line: vote Gary Johnson for President in 2012 if you want to stand behind a man that will not lie to your face and then stab you in the back as you cast your vote in the voting booth.

Obama Administration Set to Deport Father of Autistic Child Today.

Alfonso Aquino Gonzalez is married to a United States citizen.  They have an 8-year-old United States citizen child who has recently been diagnosed with autism.  About eight months ago, right after the Obama administration started employing "smart" immigration enforcement strategies, ICE took Alfonso into immigration custody by cuffing him in front of his wife, and daughter.  ICE has held Alfonso at the Broward Detention Center for 11 months.  He is now facing imminent deportation from the United States.

From the information provided, it appears that Alfonso has no underlying criminal grounds of removal, and has never been arrested for any criminal activity, yet the Obama administration has refused to exercise the Morton memo despite substantial conformity.

I urge you to take immediate action.

Click here for details on how you can help stop another family from being destroyed by President Obama's deportation grinder. 

Update on Death of Juan Pablo Flores-Segura in ICE Custody

ICE has issued the following press release on the death of Juan Pablo Flores-Segura, the 8th immigrant detainee to die in ICE custody in FY 2012:

LOS ANGELES — A Mexican national who was hospitalized hours after coming into U.S. Immigration and Customs Enforcement (ICE) custody last week was taken off life support Monday night at a San Bernardino hospital following his parents' arrival from Mexico.

Juan Pablo Flores-Segura was rushed to Saint Bernardine Hospital May 29 after collapsing at ICE's Enforcement and Removal Operations (ERO) processing facility in San Bernardino. Physicians at the hospital determined the 31-year-old had suffered a brain hemorrhage. Doctors declared Flores brain dead May 31, but he was kept on life support until his parents could be paroled into the United States from Mexico to see him and meet with physicians.

Flores was turned over to ICE following his release from the San Bernardino County Jail where he had been detained since his arrest May 22 by the Victorville Police Department on battery charges. Less than four hours after the custody transfer, Flores was in a holding area at the ICE office waiting to be processed by ERO officers when he lost consciousness. He was taken by ambulance to the hospital.

An autopsy has been scheduled to confirm the cause of death. Consistent with ICE protocol, the appropriate state health and local law enforcement agencies have been informed. The ERO Los Angeles field office has been in close contact with Mexican consular representatives regarding the case.

Flores is the eighth detainee to pass away in ICE custody in fiscal year 2012.

I'll keep you posted if they release the results of the autopsy.

Another Death in Immigration Detention

It has been reported that Juan Pablo Flores-Segura, a 31-year-old citizen of Mexico, died a mere hours after being taken into immigration custody and transferred to an "immigration processing center" in Southern California.  The possible cause of death is a brain hemorrhage.

According to WebMd.com the most common cause for a brain hemorrhage for individuals under 50 is head trauma.

So the question becomes, did something happen to Mr. Flores-Segura during the approximately four hour period when he was en route that would trigger a brain hemorrhage.

No official cause of death has been reported, and I have yet to see an announcement from the Obama administration.

I'll keep you posted.