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Ruling on Bail and ICE

Tenth Circuit in United States v. Ailon-Ailon. The court held that a federal district court judge could not deny bail to the defendant, who was facing prosecution for illegal reentry and who was also the subject of an ICE detainer, solely due to the risk that ICE would remove him before his criminal trial, finding that in the context of the Bail Reform Act, the risk that a defendant will flee does not include the risk that ICE will involuntarily remove the defendant

What is the U.S. coming to: 10-Year-Old Immigrant Is Detained After Agents Stop Her on Way to Surgery

The New York Times reports that a 10-year-old girl with cerebral palsy has been detained by federal immigration authorities in Texas after she passed through a Border Patrol checkpoint on her way to a hospital to undergo emergency gall bladder surgery. The girl, Rosamaria Hernandez, who was brought to the United States without documentation to live in Laredo, Texas, when she was three months old, was being transferred from a medical center in Laredo to a hospital in Corpus Christi around 2:00 am on Tuesday when Border Patrol agents stopped the ambulance she was riding in. The agents allowed her to continue to hospital but followed the ambulance the rest of the way there, then waited outside her room until she was released from the hospital.

ICE Not Following Its Own Rules on Releasing Pregnant People

There are indications that ICE has revoked a policy issued in August 2016 recommending that pregnant people “generally not be detained” and is currently detaining pregnant people “at the rate of one per day.” Cases of pregnant women being detained by ICE have been detailed in an administrative complaint filed with DHS on behalf of these women.

Immigration Raids Are Sweeping Up More People Who Weren’t Targets

TIME reports that undocumented immigrants are being swept up in immigration raids targeting their friends, neighbors, and coworkers. Under the Trump administration’s new enforcement priorities, ICE is instructed to detain and deport anyone who is in the country illegally, which means even so-called “non-targets” are ending up in custody after a raid.

ACLU and Center for Gender and Refugee Studies Reach FOIA Settlement Agreement with ICE

The ACLU and the Center for Gender and Refugee Studies reached a settlementagreement with ICE in a suit brought regarding delays in the production of information requested via FOIA on ICE’s detention of asylum seekers who are found to have a credible fear of persecution. Among other things, ICE agreed to provide an informal description of the documents withheld in their entirety and written justification for such withholding.

July 7, 2017 ICE Memo on Implementing Trump’s Border Security and Immigration Enforcement Plan

A memorandum dated February 21, 2017, obtained by ProPublica via FOIA, shows guidance ICE Enforcement and Removal Operations (ERO) officers received, stating that regardless of criminal histories, “ERO officers will take enforcement action against all removable aliens encountered in the course of their duties.” The memo also contains guidance on detention, stating that “the agency is currently expanding detention space to support the E.O.’s termination of ‘catch-and-release’ policies.” Additionally the memo discusses the use of parole and other release, the processing and treatment of unaccompanied children, and more. For more information, read this ProPublica article, “ICE Officers Told to Take Action Against All Undocumented Immigrants Encountered While on Duty.”

Get Ready! Prosecutorial Discretions are being Revoked.

Question: I was in Immigration Court about 2 years ago and had no relief. However, I did not have any crimes either and my attorney made a motion for prosecutorial discretion. However, last week, I was arrested for DUI. I did not even have to plea as the case was dismissed. There was no evidence and I have no conviction. However, the arrest prompted ICE to revoke my Prosecutorial Discretion. What happens now?

Answer: Under U.S. immigration law, prosecutorial discretion (PD) refers to the power that ICE has to discontinue working on a deportation case. ICE can exercise its PD in many different ways. For example, ICE can join you in asking an immigration judge to close your case. Prosecutorial discretion used to be under Obama one of the most important aspects of Immigration Law. Immigration Prosecutors can choose not to prosecute a crime for which someone is arrested. They can decide to pursue less serious charges. They can basically decide not to issue the Notice to Appear and begin Removal Proceedings.

However, under Trump, this has changed. Prosecutorial Discretion is all but dead. It is very rarely being issued. There are, of course, situations where it is still merited, but nothing like before. Additionally, ICE is revoking grants of PD left and right. Therefore, it becomes necessary for you to know your rights.

You do not have to sign a voluntary deportation;
You can fight your case in front of the Immigration Judge; and
You can still get detained;
You can make a motion to get bonded out.

Therefore, you will note that ICE officials in many cases will not tell you the truth and will lie about what you can and cannot do. You MUST know that you can fight your case and the fact that the Prosecutorial Discretion was denied and/or revoked is no reason to give up. It just means you must fight your case now.

Question: But how can I fight? What should I do?

Answer: First, get a qualified Immigration Attorney. Each case is different. This means that depending on your situation, the particular forms of relief will be different. We might be able to apply for Cancellation of Removal or Adjustment of Status, or Waivers of a variety of different kinds, or Asylum, Withholding of Removal, Convention Against Torture or a number of other forms of relief. What is important is that you can fight your case. Simply because Trump has decided to issue orders revoking Prosecutorial Discretion does not mean your path has ended.

Immigration Attorneys across the country are fighting every order that Trump makes. He cannot simply make the Immigration and Nationality Act disappear, or the Code of Federal Regulations, or the Policy Memos or the Foreign Affairs Manual. We are a country of Laws and one man, even if President of the U.S., cannot simply dictate and make all of that disappear.

We are fighting one case at a time and ultimately, we will prevail and the tides will turn. Trump is already seeing through his Muslim Ban, that he cannot simply sign a paper and think it becomes law.

 

 

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