Posted on June 12, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The proposed budget aims to dramatically increase immigration enforcement and border security funding to the tune of $300 million above current spending levels to facilitate the deportation of thousands of families and people who have strong ties to the United States and pose no threat to public safety. The proposed budget would also provide funds to increase immigration detention by 66 percent and hire an extra 500 Border Patrol officers and 1,000 additional ICE agents. Additionally, the budget also designates $1.6 billion to fun
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Posted on February 1, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As reported in today’s Immigration Politics Ticker, last night President Trump fired acting Attorney General Sally Yates, after she ordered DOJ not to defend Trump’s Executive Order (EO) barring foreign nationals from seven predominantly Muslim countries and refugees against legal challenges. Trump replaced Yates with Dana Boente, the U.S. attorney for the Eastern District of Virginia, who will serve as acting Attorney General until the Attorney General nominee is confirmed. Also last night, President Trump appointed Thomas D. Homan as acting ICE Director, to replace acting ICE Director Daniel Ragsdale.
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Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE provided FAQs on an agreement between USCIS and ICE that establishes a process for updating fingerprint checks on non-detained respondents with cases pending before EOIR whose fingerprints have been taken, but whose fingerprint checks will expire prior to a final decision by EOIR (i.e., the checks are more than 15 months old).
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Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
NBCNews reports that the Southern Poverty Law Center (SPLC) has filed a FOIA lawsuit against ICE to obtain the release of government records regarding arrests in early 2016 of Central American immigrants in Georgia, North Carolina, and Texas. SPLC believes the records will show how and why ICE pursued the 121 women and children who were arrested and placed in a Dilley, Texas, family detention center; all but 12 families were deported. “There are serious questions about whether ICE agents’ conduct during these raids violated the Constitution,” stated Lisa Graybill, Deputy Legal Director for SPLC. “We cannot allow ICE, the nation’s largest law enforcement agency, to avoid accountability and violate the federal law by withholding these records.”
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https://californiaimmigration.us/the-best-deportation-attorney-will-never-admit-to-the-criminal-allegations-on-a-notice-to-appear/
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Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A Los Angeles Times special report examines 450 uses of Tasers, hand-held devices that deliver a paralyzing electric charge, documented by CBP agents from 2010 to 2013. The analysis found that, at least 70 times, CBP agents fired the devices at people who were running away, even though there was no struggle or clear indication that agents were in danger, according to use-of-force reports. At least six times, agents used the weapons against people who were trying to climb over the border fence back into Mexico.
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https://californiaimmigration.us/cbp-debuts-global-entry-program-at-seattle-airport/
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Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE issued standard operating procedures (SOPs) establishing minimum legal access and legal visitation standards applicable to all ICE Family Residential Centers (FRCs) that are active and operational. The SOPs include information on a pre-screening requirement for the designation of legal visitors and independent medical experts, visits by legal representatives and legal assistants, legal visitation hours, pre-representation meetings, legal visitation privacy, dedicated workspace, materials provided to residents by legal representatives, a pro bono list and resident sign-up, and attorney-client group legal meetings.
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https://californiaimmigration.us/removal/detention-in-deportation-proceedings/
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Posted on November 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of GARCIA-RAMIREZ, 26 I&N Dec. 674 (BIA 2015)
(1) Where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the alien’s continuous physical presence for purposes of cancellation of removal under section 240A(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(A) (2012), in the absence of evidence that he or she was informed of and waived the right to such a hearing, regardless of whether the encounter occurred at or near the border. Matter of Avilez, 23 I&N Dec. 799 (BIA 2005), clarified.
(2) Evidence that an alien who had the right to a hearing before an Immigration Judge was fingerprinted and/or photographed before being allowed to voluntarily depart is not enough, in itself, to demonstrate a waiver of the right to a hearing or to show a process of sufficient formality to break continuous physical presence. Matter of Castrejon-Colino, 26 I&N Dec. 667 (BIA 2015), followed.
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Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A Transactional Records Access Clearing House (TRAC) report finds that detainer use by Immigration and Customs Enforcement (ICE) has declined, with the latest data showing that ICE issued 7,993 detainers in April 2015—30% fewer than in October 2014. However, according to the data, only 32% of individuals on whom detainers were placed during April 2015 had been convicted of a crime, and only 19% had a felony conviction. Fully two-thirds had no criminal conviction of any type, in sharp contrast to ICE’s announced plan to detain only individuals who have been “convicted of specifically enumerated [serious] crimes.
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Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This International Business Times article discusses a report released last week by Grassroots Leadership, a Texas nonprofit, which reveals how private prison companies have spent five years lobbying the government to enact conservative immigration reform both to maintain ICE’s bed quota and to ensure a steady flow of inmates into its detention centers. The report says that 62% of all ICE detention beds are now operated by for-profit prison companies.
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Posted on January 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As reported by the Arizona Daily Star, ICE officials have stated that more than 200 individuals have been released from immigration custody in Arizona in the last month following the announcement on DHS’s new enforcement priorities, and that as of December 27, 2014, ICE has released 618 individuals nationwide, including detainees who appear to qualify for DACA or DAPA.
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