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Showing posts with label immigration and customs enforcement. Show all posts
Showing posts with label immigration and customs enforcement. Show all posts

Saturday, July 8, 2017

What A Mess If 9th Circuit Wins


9th Circuit Opens Door for Mass Release of Illegal Immigrant Minors


(LifeZette) The 9th Circuit Court of Appeals ruled on Wednesday that illegal immigrant minors must be granted a bond hearing – a hearing in which the burden of proof is on the government to show why the person should be held rather than released.
9th Circuit Opens Door for Mass Release of Illegal Immigrant Minors“The overall issue is that it releases people we know nothing about and can’t properly vet,” says Matthew O’Brien, a former trial attorney for Immigration and Customs Enforcement (ICE) who now works for the Federation for American Immigration Reform (FAIR).
The justices of the 9th Circuit ruled against Attorney General Jeff Sessions, Secretary of Health and Human Services Tom Price, Secretary of Homeland Security John Kelly, and the U.S. Department of Immigration and Customs Enforcement, writing that two federal laws did not invalidate a 1997 settlement in which the government had agreed to certain things regarding the detention and release of illegal immigrant juveniles. According to this settlement, referred to as the Flores settlement, minors cannot be held without being given a bond hearing at which they have the right to be represented by a lawyer, and at which the government has to make an argument for why they should be held.
In a bond hearing in a regular criminal case, O’Brien notes, the government would have to show that the person is a danger or is a flight risk in order for a judge to agree that they should be held pending a trial.
Under mandatory detention rules, all illegal immigrants have always been considered a flight risk, as they were unlikely to show up at a future court appearance.
“That puts this on its head,” says O’Brien of the 9th Circuit’s decision, and adds that it removes a lot of the discretion normally accorded to ICE and Customs and Border Protection (CBP).
The case, he says, represents a “further erosion” of those agencies’ power to determine who should not be released for national security reasons.
“The interests of alien children should not trump the security interests of the citizens of the United States,” he told LifeZette.
In the original Flores case, which dates to the 80s, a 15-year-old girl from El Salvador who’d entered the country illegally was handcuffed and detained in an area with minors of both sexes for two months.
But things have changed since the 80s, and the influx of thousands of unaccompanied minors from Mexico and Central America, most of them male, created a crisis at the border in 2014 and 2015 after President Barack Obama signed the executive order creating DACA – Deferred Action for Childhood Arrivals.


Tens of thousands of illegal immigrant minors from Mexico and Central America have been released in the last few years and placed around the country. Many have joined the ranks of criminal gangs like MS-13 in small, previously peaceful small towns like Central Islip on Long Island, where a teenage girl was murdered by young gang members last year. The Department of Homeland Security estimates that there are more than 1,000 MS-13 members in towns on Long Island, and that most came to the U.S. as unaccompanied minors.
And while those claiming to be minors are supposed to show documentation to verify their age, many don’t have anything, making it very easy for an illegal immigrant who is 18 or older to claim that he is a minor, and thus win release – and escape deportation.
But why would they be in a detention center in the first place?
A 2008 law meant to protect victims of human trafficking made it difficult for the U.S. government to deport unaccompanied minors. The law required the government to institute a legal process for unaccompanied minors from Central America, in particular, rather than quickly returning them to their countries. The legal process usually takes several years, and more often than not results in the minors remaining in the U.S.
Added to this is a special visa program that awards permanent residency status – “green cards” – to thousands of illegal immigrants who were detained as juveniles.
The 9th Circuit’s decision applies only to the western states – California, Washington, Oregon, Idaho, Montana, Nevada – and also Hawaii, Alaska, Guam, and the Mariana Islands.
But other federal appeals courts are likely to consider its decision in similar cases, and it throws yet another wrench into the Trump administration’s efforts to enforce immigration laws.
“I think all these things do is hobble the federal government and hobble ICE as they attempt to do their jobs,” says O’Brien. “We believe they should be challenging things like this. There’s no reason why, 20 years later, the government should be hewing to this agreement,” he said, referring to the Flores settlement.
After the 9th Circuit blocked the travel ban and the attempt to withhold funds from any city that refused to cooperate with enforcement of immigration laws, President Donald Trump said that he was “absolutely” considering proposals to break up the 9th Circuit, presumably into two or more smaller courts.
And now, he has a third reason to consider such a proposal.
Republished with permission from LifeZette via iCopyright license.

Tuesday, May 2, 2017

Another Cost Of Non-Citizens Illegal Immigration

DOJ: One in Four Federal Inmates Is Foreign-Born

Justice Dept. says cost of incarcerating non-citizens in federal prisons exceeds $1.2 billion

by Brendan Kirby | Updated 02 May 2017 at 7:45 PM
Nearly a quarter of the inmates in federal prisons were born outside the United States, and more than half of those have final deportation orders, the Department of Justice said Tuesday.
The Justice Department published statistics on the prison population to comply with directives in President Donald Trump’s January executive orderoverhauling the immigration system.
“Illegal aliens who commit additional crimes in the United States are a threat to public safety and a burden on our criminal justice system.”
The foreign-born prison population as of March 25 totals 45,493, or 24 percent of all federal inmates. Of that group, 3,939 now are American citizens. That leaves 41,554 inmates who remain citizens of foreign countries. Some 22,541 of them, or 54.4 percent, have final orders to be deported when they complete their sentences. Another 33.4 percent, 13,886, are under investigation by Immigration and Customs Enforcement agents for possible deportation.
“Illegal aliens who commit additional crimes in the United States are a threat to public safety and a burden on our criminal justice system,” Attorney General Jeff Sessions said in a prepared statement. “This is why we must secure our borders through a wall and effective law enforcement, and we must strengthen cooperation between federal, state and local governments as we strive to fulfill our sacred duty of protecting and serving the American people.”
A small number of prisoners — 26, or .1 percent of all foreign-born inmates — have been granted asylum, while another 5,101 have been targeted by ICE for deportation but are fighting it.
Even after subtracting out foreign-born prisoners who now are U.S. citizens, the prison federal prison population still is about 22 percent immigrant.
Foreign-Born Federal Prisoners
Federal inmates born outside United States
CategoryNumber
Deportation ordered22.5K
Under ICE investigation13.9K
Deportation pending5.1K
U.S. citizens3.9K
Granted asylum26
Total45.5K
Source: Department of Justice
“It is a startling percentage, even when you consider some of these are people who are incarcerated for immigration violations,” said Jessica Vaughan, director of policy studies at the Center for Immigration Studies. “These high numbers show you there is a nexus between illegal immigration and crime.”
The Justice Department did not provide a breakdown of the crimes for which the immigrants are serving time. But separate data collected by the U.S. Sentencing Commission offers a snapshot. In fiscal year 2015, the most recent available, federal judges sentenced 29,166 non-citizens. Some 66 percent of prisoners were serving time for immigration violations.
Other common charges against immigrants included drug trafficking, drug possession, fraud and firearms offenses.

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Using the average cost per inmate in the federal prison system, the expense of incarcerating non-citizens is more than $1.2 billion a year.
“It’s a cost that can be reduced if we do a better job of controlling immigration, especially illegal immigration,” Vaughan said.
David Cross, a spokesman for Oregonians for Immigration Reform, said he was ecstatic about the Justice Department’s move toward transparency.
“I’m very excited about it,” said Cross, who has been collecting data about the immigrant population in the state prison system for years. “This really will hold people accountable if they have these statistics.”


The U.S. Marshals Service since April 5 has been providing ICE officials with daily reports of foreign-born pretrial detainees, according to the Justice Department. Officials said ICE expects that its analysis of the data will soon be complete.
The department also indicated it intends to expand collection of data about immigrants in state prisons and local jails, where no program currently exists.
Vaughan said she expects so-called “sanctuary” jurisdictions to resist those data-collection efforts.
“They don’t want to know, and they won’t want anyone else to know … They want that to be a secret,” she said.