Visa Lawyer Blog

Articles Posted in Immigration Enforcement

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Last week, in a 289-137 vote the House of Representatives overwhelmingly voted in favor of a bill that would require a comprehensive background check to be conducted for every Syrian and Iraqi seeking refugee admission to the United States. Among its provisions, the bill, better known as the American Security Against Foreign Enemies Act of 2015 (American SAFE Act of 2015) will require supplemental certifications and background investigations to be conducted before a Syrian or Iraqi refugee can be admitted to the United States. These additional security protocols will require multiple federal government agencies to work together in order to determine whether 1) such an alien poses a threat to the national security of the United States and 2) whether it is in the public interest of the United States to admit the alien based on the findings of the security checks conducted. The bill received overwhelming support from Democrats and Republicans alike amid the recent terrorist attacks claimed by ISIS leaving 129 dead and 353 wounded in the city of Paris. Though the bill will need to pass through the Senate before it can become law, the House’s overwhelming support for the bill has blocked the President from using his veto power.

Specifically, the bill will apply only to Syrian and Iraqi nationals referred to in the bill as ‘covered aliens.’ A covered alien means any alien applying for admission to the United States who is either a) a national or resident of Iraq or Syria b) has no nationality but whose country of last habitual residence is Iraq or Syria c) has been present in Iraq or Syria at anytime on or after March 1, 2011.

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Senate

On October 20, 2015 Democrats in the Senate successfully blocked the Republican backed bill S. 2146: Stop Sanctuary Policies and Protect Americans Act from moving forward with a vote of 54-45. At its core, the bill aimed to hold sanctuary jurisdictions accountable for noncompliance of federal orders including detainment of undocumented immigrants, increasing penalties for individuals caught re-entering the United States after their removal, and providing protection to state and local law enforcement officials cooperating with federal law enforcement officials. The bill was introduced by Republicans after an act of violence took the life of a San Franciscan woman at the hands of an alleged undocumented immigrant with a felony record, who had also been the subject of multiple removals. Public outcry ensued after the city sheriff released the perpetrator despite a federal immigration detainment order. According to Republicans, San Francisco is one of hundreds of sanctuary cities that refuse to comply with federal immigration orders to facilitate the detainment and removal of undocumented immigrants.

Among its provisions, the bill aimed to crackdown on so called ‘sanctuary cities’ notorious for their noncompliance by limiting government funding. By cutting necessary funding, Republicans hoped that this would force cooperation between local law enforcement officials and federal law enforcement officials including ICE officers. Republican Senator Vitter who introduced the bill, argued that the violent crime that occurred in San Francisco was just one example highlighting the magnitude of compliance concerns. According to Vitter, ‘sanctuary cities’ like San Francisco have repeatedly refused to comply with orders of detainment issued by the Department of Homeland Security. Prior to the vote, the White House had warned Senate Republicans that if the bill did pass with the 60 necessary votes, they could expect the President to veto the bill. Although the bill was criticized by Democrats for stereotyping undocumented immigrants and making sweeping allegations against the undocumented immigrant community, the bill raises serious competence and compliance concerns.

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It is our pleasure to introduce our readers to our senior case manager, Inese Grate, one of the original members of the Law Offices of Jacob J. Sapochnick. Ms. Grate joined our firm when there were merely 2 employees working at the office. In addition to studying law in Latvia, Ms. Grate received her Master’s in Law in International Business Transactions from Temple University Beasley School of Law and attended the International Law Institute at Georgetown University School of Law.

Ms. Grate specializes in business and family immigration, corporate, international trade, and international transactions. Ms. Grate provides consultation on strategic investment in the United States for international clients and corporations to identify potential opportunities, create jobs, and develop successful businesses. Throughout her professional career, she has taken several international and U.S. startup companies from an ideation phase through to establishment and registration. Ms. Grate is unique in that she thinks outside of the box and is able to utilize her professional network of financial advisors, real estate brokers, investors and industry experts to assist our clients based on their unique needs. Throughout her career, Ms. Grate has helped numerous corporations and individuals in the United States as well as several European countries in various immigration/business related issues. Ms. Grate evaluates business plans and works on all related immigration issues including visas, licenses, and permits. She has helped in numerous cases in this area for the past few years.

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What is President Obama’s Executive Action?

It is not a path to permanent residency. It is not a permanent solution. It is not an option for felons, undocumented individuals with criminal histories, inadmissibility issues, and recent border crossers. In fact, recent border crossers will be made a priority for deportation under the order. The order also makes border security a number one priority, increasing the chances of apprehension for recent border crossers. If you commit fraud by knowingly misrepresenting or failing to disclose the facts, you may be subject to prosecution or removal from the United States. Always be truthful and careful when presenting information and documentation to USCIS. Eligible immigrants must demonstrate that they have resided in the United States continuously for a period of at least five years. Only immigrants who have been living in the United States for at least five years are allowed to reap the benefits under the executive action. The order grants eligible individuals a temporary status allowing applicants to remain in the United States legally without fear of deportation.

Eligible individuals must be either:

  • A parent of a U.S. Citizen or lawful permanent resident as of the date of the President’s announcement of November 20, 2014, have been residing in the United States continuously for at least five years (beginning on January 01, 2010), must not be an enforcement priority, and not have inadmissibility issues

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  • Individuals who arrived in the United States before turning 16 years old and who can prove that they have continuously resided in the United States for at least five years (beginning on January 01, 2010) regardless of their age today. Applicants must not be an enforcement priority and not have inadmissibility issues.

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imagePresident Obama closed off the year by announcing his highly anticipated executive action on November 20, 2014 which will go into effect early this year, but the executive action was only one of many important initiatives that occurred in 2014.

2014 was a big year for immigrants for several reasons:

  • AB 60 California Driver’s License Applicants: Beginning January 01, 2015 undocumented immigrants can start the process of obtaining their driver’s licenses under AB 60 at their local DMV field office
  • Executive Action: Beginning February 2015, eligible applicants can apply for the expanded DACA program which shields undocumented individuals from deportation who were brought to the United States illegally as children, our office will be providing you with further updates early this year
  • Beginning May 2015 eligible parents of U.S. Citizens and lawful permanent residents can apply for deferred action thereby protecting them for deportation and allowing millions of parents to be eligible for employment authorization

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On November 20, 2014, the President announced a series of Executive actions that will be implemented by the administrative agencies to optimize the immigration system in the U.S. The President has not given up on advocating for the comprehensive immigration reform and intended for these executive actions to be the beginning of the change in our broken immigration system. The President’s announcement focused on the following key initiatives:

– Strengthen border security and revise removal priorities.

Per the initiative, DHS will develop effective border security strategies focusing especially on southern land and maritime borders and the West Coast preventing illegal immigration.

DHS will also implement a new department-wide enforcement and removal policy that places

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According to new reports released by the U.S. Border Patrol, the surge in Central Americans crossing into the United States is dropping at an alarming rate—approximately 60% fewer unaccompanied minors were apprehended during the month of August, in comparison to the summer months, a time when the migration crisis was in full effect in Central America. These unaccompanied minors make the perilous trek north from their Central American countries due to the violence they have encountered right at home.

The report suggests that the primary reason for the sudden drop is owed to the Mexican government’s crackdown on Central American immigrants. According to the report, increasing pressure on Mexico to instill effective deterrents has resulted in increased arrests and deportations of thousands of Central Americans, making it harder for such migrants to reach the American border.

Bowing to American pressure, the Mexican government recently announced a plan to militarize the southern border by placing federal forces along it. As part of these plans, the government will be setting up interior checkpoints, whereby authorities can inspect buses and vans carrying passengers into northern Mexico. Setting up checkpoint will also allow the authorities to ID passengers and question them. Additionally, Mexican authorities have forbidden migrants to board the infamous lumbering freight train known as ‘La Bestia,’ or the Beast in English. Many Central Americans and children have died while attempting to board such freight trains bound for the United States border. What does this mean for Central American immigrants journeying north? A longer and more dangerous journey ahead of them. According to the Mexican interior ministry, since the crackdown, approximately 30,000 Central Americans have been apprehended and sent back home; 20,000 of which were minors. Central Americans who have sought shelter from authorities in Mexico say that they are afraid of being turned in by Mexican authorities, according to news reports by NPR. Pro-immigrant activists argue that the work being done by Mexican authorities should be done by United States authorities which are better staffed and have better resources. Moreover, they argue, that despite the crackdown, nothing has changed in Central America. Central American countries remain impoverished, and innocent children are left to suffer the consequences of living in a country where impunity and violence run rampant. These critics argue that much more must be done and the issue is much more complex than the American and Mexican government are admitting. Critics insist that the issue is bilateral and humanitarian in nature. Congressional oversight will be necessary to tackle the issue.

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Much of the deliberation surrounding immigration reform has largely occurred behind closed doors, despite pressure from the booming immigrant population in the United States to become more transparent. In a much anticipated June speech, President Obama announced that he would be utilizing executive action to bring about comprehensive immigration reform in response to Congress’ inaction.

For the most part, the administration has remained mum about the process and the proposals that have been laid out on the table.

Here’s what we do know about what is happening behind closed doors:

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The Immigration-Hold policy used by ICE has been an issue for many immigrants here in the U.S. It is something used by law enforcement to hold individuals while local charges are being resolved. George Gascon, a District Attorney up in San Francisco, recently shared his views of the Immigration-Hold policy and the abuse of it by law enforcement and its consequences.

Mr. Gascon expressed his views by saying, “In my 30 years in law enforcement, I have often witnessed the unintended consequences of well-meaning but poorly developed public safety policies. Few have had as profound an impact on our constitutional rights as the widespread use of immigration holds issued by Immigration and Customs Enforcement. What the federal government touts as a sound public safety practice is having a chilling effect on local law enforcement’s effectiveness.

In 2010, Norma, an undocumented immigrant living in San Francisco, was held on an immigration hold in our local jail for days without due process. Norma, repeatedly abused by her partner, had been too fearful to call police. When she finally did, she was arrested along with her abuser, even though no charges were filed against her. While her deportation was eventually canceled, Norma recalls being “so scared not knowing what would happen to my 3-year-old child while I was in jail. I later discovered that I had an immigration hold, even though no one told me what was happening.”
As explained briefly above, Immigration Holds are requests by an ICE officer to have local authorities hold someone up to 48 hours after local charges are resolved. In addition, it requires no demonstration of probable cause, and such holds are often issued with little more than a suspicion that the individual in question doesn’t have documents. In no other aspect of law enforcement can we jail people without probable cause; the right to due process is the bedrock of the U.S. criminal justice system.

Mr. Gascon further discusses his view of the abuse of the Immigration Hold as follows, “The use of Immigration Holds has led to mistakes and abuses. These include ICE agents relying on birthplace, language or physical appearance to determine who should be detained. This has resulted in the detention of hundreds of thousands of individuals, including U.S. citizens and authorized immigrants. In fact, between October 2008 and March 2010, ICE identified 16,870 U.S. citizens through this program. ICE stopped reporting the number of U.S. citizens identified in 2010, so the total number held is unknown.

The broader implications are concerning: Police occasionally arrest crime victims such as Norma when it is unclear who the perpetrator is, such as domestic violence cases where a victim fights back in self-defense. These victims may find themselves subject to immigration holds and detained in jail because an ICE agent believes they may match the identity of someone who could be deportable.”

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Fewer undocumented immigrants stopped for traffic violations will face deportation, under newly unveiled changes to a prominent immigration enforcement program.

Known as Secure Communities, the program compels state and local law enforcement officers to enter the fingerprints of anyone they detain into a federal database. Federal immigration officials can cross-reference those fingerprints and initiate deportation proceedings if the detained person is in the country illegally.

The result: many undocumented immigrants being deported over minor breaches like broken tail lights and speeding. The number of deportations stemming from a traffic stop increased sharply last year, amplifying immigration advocates’ critique that the Obama administration is failing in its stated goal of targeting immigrants who have criminal records or could undermine public safety.

A task force convened by Department of Homeland Security Secretary Janet Napolitano and comprised of law enforcement officials, immigration attorneys and immigration enforcement union representatives, among others, recently issued a report detailing how critics of Secure Communities believe it is breaking apart families and breeding distrust of law enforcement.

“Many state and local officials believed they were joining a program targeting serious offenders” by participating in Secure Communities, the report’s authors wrote, but the impact of Secure Communities has not been limited to convicted criminals, dangerous and violent offenders, or threats to public safety and national security.”
In response to the report, the Department of Homeland Security announced changes to how officials will handle immigrants detained at traffic stops. The reform affects immigrants without any prior criminal record. Federal agents will only request that local officers hold immigrants arrested at traffic stops if those immigrants are subsequently convicted. The change will not apply to immigrants stopped for drunk driving. This change is more in line with the DHS memo concerning prosecutorial discretion over cases of low immigration offenders.

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