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Leaked DHS Intelligence Report: Citizenship Likely an Unreliable Indicator of Terrorist Threat to the United States

The Associated Press published a leaked draft of a DHS intelligence report that found that country of citizenship is “unlikely to be a reliable indicator of potential terrorist activity,” and that few people from the seven Muslim-majority countries President Trump listed in his January 27, 2017, travel ban have been involved in terrorism-related activities in the United States since the start of the Syrian civil war in 2011. DHS did not dispute the report’s authenticity, but said that the report was “incomplete” and was not a final comprehensive review of the government’s intelligence. As reported in the Immigration Politics Ticker, President Trump is expected to sign a new travel ban on Wednesday—a day after his first address to a joint session of Congress.

DHS Adds New TRIG Exemptions

DHS Secretary Jeh Johnson authorized new terrorism-related inadmissibility grounds (TRIG) exemptions covering a number of groups.

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https://californiaimmigration.us/central-american-minor-kids-program-opened/

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Is the U.S. engaging in Racial Profiling?

December 16, 2002 was the first “special registration call-in” program deadline. The program deadline required all males 16 years of age or older, who are citizens or nationals of one of five designated countries, and who entered the US as non-immigrants before September 10, 2002, to have registered to be fingerprinted and photographed.

A subsequent January 10, 2003 deadline applies to nationals from 13 more countries, and a February 21, 2003 deadline applies to nationals from another two countries.

This measure is yet another false solution to a real problem. Call-in registration offers us little protection because it targets people based on national origin, race and religion, rather than on intelligence information, and alienates the very communities whose cooperation we need. To make matters worse, the registration process is being wrongly applied. Instead of identifying terrorists, the INS in some local offices has used the special registration procedure to identify and detain people who are on the path to permanent residence, but are “out of status” — sometimes through no fault of their own. It makes no sense from security or resource perspectives to target people who eventually will be granted lawful status.

Not only is the call-in registration program ill-conceived, it also is being wrongly and ineffectively implemented and diverts law enforcement resources from initiatives that effectively enhance our security. The Department of Justice has not given the INS the necessary staff and resources to do its job and has not effectively disseminated information about the program. The paucity of information will make it likely that otherwise law-abiding people will not register or will fail to comply with program requirements and, therefore, be considered “per se” guilty of a criminal misdemeanor, deportable, and permanently barred from ever reentering the U.S.

Right now, it is only people from the designated countries that are targeted for this type of Special Registration. However, maybe next month, it will be another 10 countries and the month after another 10 countries. Eventually, the U.S. government might start having people who have relatives born in certain countries register. Eventually, the U.S. government might have U.S. Citizens register.

We must fight for civil liberties and constitutional due process for people here in the U.S. Of course no one wants there to be another terrorist attack. However, it is not real likely that a terrorist is going to go and Special Register. Therefore, the people whom are most likely to commit the terrorist acts are the very ones who will most likely not comply with the Special Registration requirements.

For many people in the U.S., this Special Registration is of no concern to them and they simply paint with a broad brush and state that we must prevent terrorism and that this is necessary. The critical concern is that it is the liberty and freedom of the United States that makes this country the best place on Earth to live. If that freedom and liberty is chipped away at, then the foundation of our country begins to erode.

We must do what is necessary to fight terrorism, but not impinge upon the duly protected constitutional rights of people. We must keep our civil rights and help those that are simply trying to make better lives for themselves. We must not target people and treat them unfairly simply because the color of their skin is different or there national origin is different. Otherwise, the terrorists have won.

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Immigration Article: What did we celebrate on July 4th?

Question: I became a Lawful Permanent Resident several years ago, and am very grateful. However, there are several persons that I know that are not so lucky. They are still fighting to obtain legal residency in the U.S. Some are in deportation proceedings. Some are hiding in the shadows of America. Some are fearing everywhere they go. Are there any new leaders in Congress and should we give thanks of an elusive freedom that is so difficult to obtain?

 Answer: Recently, the President of the American Immigration Lawyers Association (AILA) wrote on this subject. I think it best to simply quote him. He states:

‘From the moment that terrorists attacked the United States last September, AILA has consistently supported measures legitimately required to guarantee our national security without eroding the fundamental rights guaranteed by the Constitution.

 AILA gratefully recognized President George W. Bush’s leadership when he reminded the nation that neither the Arabic community in the United States, nor the members of the Islamic faith throughout the world, are in any way responsible for the terrorist acts of criminals. And AILA called on leaders from both sides of the aisle to put the national interest above partisan considerations.

 Midterm Congressional elections are eminent, and the siren song of perceived political advantage has started to separate the opportunists from the statesmen. Events of the last few days have, as they say, given opportunism a bad name.

On June 20, the Dallas Morning Herald quoted Representative George Gekas, Chair of the House Subcommittee on Immigration, Border Security, and Claims (noting Census Bureau estimates that the undocumented population tops 8 million), as saying: “There are thousands among those millions, perhaps millions among those millions, who have exactly that kind of mind set . . . to become terrorists.”

Term limits resulted in Lamar Smith relinquishing the Immigration Subcommittee Chair in 2000. While never an immigration advocate, George Gekas, it was said, was no Lamar Smith. Could he possibly believe that there are millions of terrorists lurking among us? Had the Chair misspoken or had he unearthed an opportunist’s play book and thus signaled a sea change? Perhaps significantly, Mr. Gekas retained Smith’s subcommittee staff. And, to Mr. Gekas’s evident surprise, reapportionment has made his District more competitive, thus resulting in a serious challenge; he now must fight to win an 11th term.

Our answer came soon enough. On June 26, 2002, Mr. Gekas introduced the “Securing America’s Future through Enforcement Reform (SAFER) Act” (H.R. 5013).

SAFER is a cynical amalgam. It is over 200 pages long, but much of it can be categorized as: (1) piling on (in increasing penalties for offenses that may already be substantial); (2) redundant; and (3) grandstanding (taking credit for proposals that may eventually be enacted in other legislation). To be sure, SAFER contains some novel twists that are more than a little offensive and more than a little dangerous. (Mr. Gekas’s summary of SAFER was posted on the News Flash section of InfoNet and will remain available as Doc. No. 02062731; the text of the full bill will be posted as soon as it becomes available.) Legislatively, SAFER is irresponsible, but as its sponsors well know, it is also DOA. However, that is not the point. The point is that the political calculations were made and Representative Gekas cast his lot; he has bought FAIR’s agenda of Fear and Loathing wholesale.

 This week we celebrate our independence. The first July 4th after September 11, 2001 promises to be especially poignant. It is a particularly appropriate time to rejoice in America’s liberty and diversity and to remember the sacrifices of our people, who for four centuries, have come to these shores from every corner of the world to cultivate, nurture and defend our freedom and way of life. America is immigrants and the children of immigrants. This year a second day is just as important as July 4th to validate and affirm our nation’s freedom: our election day, Tuesday, November 5.

 I trust that on this July 4th we will hear and think a lot about fundamental American values. Between now and November 5 we must redouble our efforts to preserve these values. No one is better equipped to rebut anti-immigrant rhetoric than AILA attorneys. Don’t let mindless or hateful rhetoric go unchallenged. Write Opinion pieces and Letters to the Editor and be proactive in encouraging your clients to do the same. Go back to the basics–actively support candidates who have the courage to stand up for fundamental American values, immigrant rights and the rule of law. Encourage each of your eligible clients to naturalize, to register, and to vote. (A brochure, in both English and Spanish, with state-by-state voter registration information can be found on the InfoNet–go to “Advocacy Center,” then click on “Take Action” followed by “Vote Drive”). And oppose the politicians who have cynically chosen to use this moment of national crisis to undermine our heritage as a nation of immigrants, who would curtail the fundamental freedoms guaranteed by the Constitution. Write a check, support our friends and be sure that our foes pay the price. The tools you need are at your fingertips, through InfoNet.

The late North Carolina Congressman Richardson Preyer would began a campaign by telling the troops “It’s bumper sticker, door bell ringing time again.” So it is. Let us begin.’

Let us never take for granted the freedoms which we enjoy. There are people in our very backyard who will attempt to limit those freedoms and take them away from us.

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Immigration Article: Homeland Security Passes (Part I)

Question: I have heard that the Homeland Security Bill has passed the House and the Senate. I am confused on know this will effect several people whom I know are in the immigration process. Could you give me some background on what exactly this bill does?

 Answer: First, and foremost, this bill referred to as the “The Homeland Security Act of 2002” creates a new department within the United States Government. The main purpose of this department is to prevent terrorism and to make the United States safer. The bill is enormous. It is over 400 pages and deals with a huge variety of issues. Of course, my response will mainly focus on the immigration issues.

The Immigration and Naturalization Service will cease to exist in its present capacity. If fact, the Homeland Security Bill abolishes the INS. There are two major functions currently in the INS. One is the enforcement division which is concerned with deportation/removal and enforcement of the immigration laws. This part of INS is going to be transferred to what is known as Bureau of Border Security under the Department of Homeland Security. The duties of issuing visas will now be transferred to the Under Secretary for Border and Transportation Security in tandem with the Secretary of State. The issuance of Visas will be headed by the Secretary of Homeland Security.

Question: Are there any other new departments? Specifically, who will rule on applications sent to INS?

 Answer: Section 451 of the Bill creates the establishment of Bureau of Citizenship and Immigration Services. This sub-department will perform the following functions: 1) Adjudications of immigrant visa petitions; 2) Adjudications of naturalization petitions; 3) Adjudications of asylum and refugee applications; 4) Adjudications performed at service centers; and 5) All other adjudications performed by the Immigration and Naturalization Service.

Question: When do all these provisions go into effect?

 Answer: Again, the INS would look at this as fraud. In fact, if you get married within less than 60 days after entry to the U.S. on the Visitor Visa, you are presumed to have committed fraud. Not only will the application for Lawful Permanent Residency be denied, you could very well get deported because of the fraud.

Question: What are the consequences of doing the change of status right after entering the U.S.?

 Answer: First, they could deny your change of status application and you could go out of status. Next, the INS may very well assume that you committed fraud. That is, when you got the Visitor Visa and entered the U.S. that you did not really intend to visit, but rather, intended to go to school or to work in the United States. If that happens, you could be deported because you committed misrepresentation and fraud. The fraud will stay with you forever and never goes away. If you ever want to reenter the U.S., you will need to get a Fraud Waiver. Those are not easy waivers to obtain.

Question: What is the best way to avoid these drastic consequences?

Answer: First, the way that people come into the U.S. is probably going to change. You must decide whether you want to go to school or work since these are the options you might be considering. If you are intending on going to school, then you should get the I-20 and apply for the Student Visa from your home country. Then, when you enter the U.S., you will be entering as a Student, not a Visitor. Alternatively, if you want to work in the U.S., you should have your sponsor file the petition prior to you getting to the U.S. Therefore, you will not have any allegations by INS that you committed fraud. You need to be very careful if you come to the U.S. with a Visitor Visa and then change your status right away. Obviously, since you only will be getting 30 days in the U.S., you must strongly consider not getting a change of status in the U.S.