illegal immigration

Many immigrants may be released without bond after judge’s ruling

In a move that could affect tens of thousands of detainees, a federal judge in Seattle has ordered the Department of Justice to obey a law that allows for the release of some undocumented immigrants without posting a bond.

Immigration-rights leaders say the law is routinely ignored in Washington and elsewhere in the United States because of a conflicting Department of Justice (DOJ) policy that requires immigrant detainees to post at least a $1,500 bond regardless of whether they pose a danger or flight risk.

“People should not be locked up while they are in immigration proceedings simply because they do not have money to pay a bond,” said Matt Adams, the legal director of the Northwest Immigrant Rights Project (NIRP).

In ordering that the DOJ follow the law, U.S. District Judge Robert Lasnik on Monday also certified a lawsuit filed on behalf of one such detainee by the American Civil Liberties Union of Washington and NIRP as a class-action, sweeping in hundreds of plaintiffs who are being detained on immigration holds solely because they cannot post bonds.

Adams said that while Lasnik’s ruling now only affects undocumented immigrants held in Western Washington — he estimates there are about 500 people in the Seattle and Tacoma areas who fit that scenario — the DOJ’s policy impacts tens of thousands of detainees nationally.

“We are hopeful this ruling will have an impact,” on a practice that has been in place for 15 years, he said. “This is a national problem.”

Nicole Navas, a spokeswoman for the Department of Justice in Washington, D.C., said the DOJ was “reviewing the judge’s order.”

The lawsuit was filed in October on behalf of Maria Sandra Rivera, a Honduran woman who said she was fleeing torture and domestic slavery when she illegally entered the United States on May 29, 2014. She was picked up by agents from Immigration and Customs Enforcement (ICE) that same day and sent to the Northwest Detention Center in Tacoma, according to the lawsuit.

Rivera sought asylum and passed a “credible fear interview” with an asylum officer, who referred her case to Tacoma Immigration Court, the lawsuit said. In the meantime, ICE determined she posed no flight risk or threat to the community and recommended bond, which was eventually set by an immigration judge at $3,500, according to court documents.

Rivera could not afford that amount and asked that she be released on her own recognizance — a process called “conditional parole” — which is allowed for in the Immigration and Nationalization Act.

However, conditional parole is routinely denied in Seattle, Tacoma and elsewhere in the country, Adams said, because of a conflicting DOJ policy that requires an immigrant detainee post at least $1,500 bond regardless of whether he or she poses a danger or flight risk, according to court documents.

Rivera had been detained more than four months when the suit was filed in October. She has since been granted asylum and released, according to the court docket.

Adams said hundreds of other immigrant detainees are in the same situation when it comes to posting bond.

“The result of this policy is that Immigration Judges require individuals such as Ms. Rivera to post bond even after determining that neither danger nor flight risk require their detention,” according to the lawsuit. “Thus, indigent or low-income individuals like Ms. Rivera … routinely suffer continued and unnecessary detention, of, if it is even possible, are forced to strain personal, family and community resources in order to gain their release.”

Adams wrote that the policy “unquestionably violates” the immigration act.

The government has fought the lawsuit, attacking the court’s jurisdiction and arguing the case is moot because Rivera has since been released.

Assistant U.S. Attorney Erez Reuveni of the DOJ’s Civil Division in Washington, D.C., argued in pleadings in the Rivera case that the Board of Immigration Appeals is poised to address a similar case on its own and argued that Lasnik should hold off on any decision and let that process play out.

But Lasnik, in the order issued Monday, said that the immigration court’s blanket refusal to consider conditional parole for immigrant detainees potentially impinges on a detainee’s due-process and liberty interests, and that Rivera had standing to challenge the policy.

The government also argued that Lasnik was barred from second-guessing the immigration judge, but Lasnik said the application of the policy wasn’t the point.

“While an [Immigration Judge’s] discretionary judgment in how it applies the statute is not subject to review, this Court has found no authority supporting the notion that [an immigration judge] has the discretion to misinterpret the statute under which he operates,” Lasnik wrote.

He ruled that the Immigration and Nationalization Act “unambiguously states that an immigration judge may consider conditions for release beyond a monetary bond,” and found that the agency’s policy violates the law.

“The court thus finds that aliens who are detained following defective bond hearings … may immediately challenge their hearings for legal error on the grounds that their continued detention is an unnecessary harm,” Lasnik wrote.
  Read more about Many immigrants may be released without bond after judge’s ruling

Centrist House Dems Don’t Sign Brief in Support of Obama Exec Amnesty

On Monday, 12 centrist House Democrats–including an Oregon Democrat who declared that amnesty for illegal immigrants is the new civil rights movement and will determine who controls the country for the next 30 years–refused to sign an amicus brief in support of President Barack Obama’s executive amnesty, revealing that voters in their districts may not be as supportive of granting amnesty to illegal immigrants as national Democrats.

According to The Hill, 181 House Democrats signed the brief, which argues that “Congress has vested the Secretary of Homeland Security with broad discretion to determine how best to implement the immigration laws, including the particular decisions embodied in the Deferred Action Memorandum.”

But 12 Democrats, including Rep. Kurt Schrader (D-OR), did not. Schrader’s refusal to do so is indeed curious given that he declared at a pro-amnesty rally in February that the amnesty movement is the new civil rights movement and “probably the biggest issue of the 21st century.”

“It will decide who is in charge of this country for the next 20 or 30 years,” he said.

The Hill noted that the 12 Democrats who did not sign the brief “are mostly centrists and members who will face tough reelection races next year.” They include: Reps. Brad Ashford (NE), Jim Cooper (TN), Henry Cuellar (TX), Gwen Graham (FL), Rick Larsen (WA), Dan Lipinski (IL), Stephen Lynch (MA), Collin Peterson (MN), Schrader (OR), Kyrsten Sinema (AZ), Peter Visclosky (IN), and Tim Walz (MN).

The Obama administration has appealed a federal judge’s injunction that temporarily halted its executive amnesty program. The Fifth Circuit Court of Appeals has decided to hear oral arguments in the case later this month...

  Read more about Centrist House Dems Don’t Sign Brief in Support of Obama Exec Amnesty

Polk County Republican Women welcome OFIR President

Alert date: 
2015-04-06
Alert body: 

OFIR President Cynthia Kendoll will address the Polk County Republican Women Wednesday, April 8th at 11:30am at  the Oak Knoll Golf Course on Hwy. 22.

 


 

AZ lawmakers urge DHS, ICE not to release illegal immigrant with TB

FLORENCE, AZ (KPHO/KTVK) - Senators John McCain and Jeff Flake, as well as Rep. Paul Gosar, AZ-District 4, and Rep. Ann Kirkpatrick, AZ-District 1, sent a letter to Secretary of Homeland Security Jeh Johnson and U.S. Immigration and Customs Enforcement Director Sarah Saldana. [Click here to read the letter.]

Gosar's office said Pinal County Director of Public Health Thomas Schryer was notified this week that ICE is planning to release an illegal immigrant with drug-resistant tuberculosis into the Pinal County community.

Schryer said there are about 35 cases of TB that go through the ICE facility in Florence each year and they are usually treated and then deported.

But Schryer said they have been unable to treat this immigrant's case.

He's been in the facility for the last seven months.
  Read more about AZ lawmakers urge DHS, ICE not to release illegal immigrant with TB

Mexico to launch new protocol to help unaccompanied migrant children

The pilot project launched last Sunday in the consulates in Portland, Oregon, Brownsville and McAllen seeks to help authorities determine if unaccompanied migrant children need to reunite with their families or if it is necessary to request asylum in the United States.

Mexico's government will start applying a new protocol in May to help Mexican migrant children.

The pilot project launched last Sunday in the consulates in Portland, Oregon, Brownsville and McAllen seeks to help authorities determine if unaccompanied migrant children need to reunite with their families or if it is necessary to request asylum in the United States.

"This is unprecedented, because before children were asked about their health, if they suffered human rights violations or if they had complaints about their deportation proceedings, but the new protocol is focused on understanding their family situation and circumstances to migrate," said Reyna Torres, director of Protection of Mexicans Abroad.

The protocol, created with the help of the United Nations Children's Fund (UNICEF), includes images so that children can identify their migration route or the type of officer that arrested them.

The information obtained will be included in a database that will be shared with the National Immigration Institute (INM) and the System for the Integral Development of Families (DIF). Read more about Mexico to launch new protocol to help unaccompanied migrant children

Mexican Drug Cartels Caused the Border Crisis

Mexico’s warring drug cartels helped orchestrate the massive influx of unaccompanied alien children that streamed through the Rio Grande Valley last summer, according to a leaked report from the Texas Department of Public Safety.

...the children did not enter the country entirely “unaccompanied.” How, when, and where the alien children crossed into the United States appears to have been determined by transnational criminal organizations who exercise control over much of the southern border, according to the leaked report first obtained by the Houston Chronicle.

... the cartels were making strategic decisions at the border in response to the actions of former Governor Rick Perry. When Perry deployed the National Guard to the border in the middle of the crisis in late-July of 2014, the cartels immediately responded....

The Obama administration immediately began taking credit for this development the very next month. U.S. Customs and Border Protection commissioner Gil Kerlikowske celebrated the news of fewer unaccompanied alien children crossing the southern border as directly attributable to President Obama...

But the leaked report demonstrates that it was Perry who played the biggest role in stemming the tide of illegal immigrant children flowing into the U.S., not the Obama administration. In response to Perry’s efforts to secure the border, the cartels stepped up their surveillance and scouting activities to uncover vulnerabilities in the system....

Despite the elaborate gang activities detailed in the report, the Obama administration continues to describe the southern border as becoming more secure each and every day. Soon after the massive influx tapered off last year, Kerlikowske said, “Our border has been and remains more secure than it has been in decades.” But the leaked report shows the spurious nature of the Obama administration’s claim.

The increasing number of “special interest aliens,” those from countries that are known terrorist hotbeds, poses a “significant threat to homeland security,” according to the report. “The number of CBP encounters with SIAs in Texas sectors increased 15 percent during the first nine months of 2014 compared to the same time period in 2013,” the report finds. “Over the past few years, these have included SIAs from Afghanistan, Bangladesh, Egypt, Iran, Iraq, Jordan, Lebanon, Libya, Pakistan, Somalia, and Turkey.”

Between November 2013 and July 2014, approximately 143 individuals on terrorist watch-lists successfully crossed the southern border into the U.S. before encountering law enforcement or immigration-enforcement officers.

One of these special interest aliens was a member of al-Shabaab, the Islamic terrorist group. The Somali man was encountered at the southern border in Hidalgo, Texas in June 2014....

The full extent to which the drug cartels and special interest aliens have overrun Texas’ border remains unclear....

“Two months from now, if [another surge of immigrants] occurs, well then we’ve lost that edge, but right now I think we have it,” Martinez says. “We need to learn their pattern so you can get the right staff in there to intercept that. … Either we’re looking at theirs or they’re looking at ours.” The edge the U.S. maintains comes at a steep cost. The report says the state of Texas spent more than $100 million to regain control of the border, but that “ample and compelling evidence” suggests the Texas-Mexico border is still not secure. It is unclear if Texas has the wherewithal to keep the border in check this summer, when more illegal immigrants are expected to arrive. Read more about Mexican Drug Cartels Caused the Border Crisis

Arizona Gov. Jan Brewer to address Lane County Lincoln Day dinner

Alert date: 
2015-04-05
Alert body: 

One of the true heroes in the fight against illegal immigration on our southern border is former Arizona Governor Jan Brewer. We are so fortunate to have her traveling to Oregon to speak at the Lane County Lincoln Day dinner (more info. below).  OFIR President Cynthia Kendoll has been invited as a special guest. 

OFIR encourages you to attend this very special event!  Read more about Governor Brewer.

Lane County Republican Party is honored to host keynote speaker, former Arizona Governor Jan Brewer during our 2015 Lincoln Day Dinner, Thursday, April 9th.  It will be held at Valley River Inn, 1000 Valley River Way, Eugene

For decades, the federal government has failed to fulfill its constitutional and statutory duties to secure the border and restore integrity to our immigration system.  In response, Governor Brewer crafted state-level solutions, such as SB1070, aimed at protecting the people of Arizona from illegal activities.  When the Obama Administration challenged SB 1070 in court, the Governor stood up for their state's rights and Arizona's responsibility to keep its people safe.  Ultimately, the U.S. Supreme Court upheld Arizona's hotly disputed part of SB 1070 and Governor Brewer.  Additionally, she repeatedly urged President Obama and Congress to utilize the National Guard, Border Patrol and technology to secure the U.S. southern border.

We are privileged to welcome Governor Brewer's political courage and strength of character to Eugene. 

As we have discovered, elections have consequences.  This event will help us prepare for the 2016 election to provide Republican candidates with the best tools, volunteers and resources for success in 2016. Help us help them, and see Governor Jan Brewer in person.

What Is to Be Done?

 
This week’s spectacle in Congress leads to some pretty obvious questions. If the Democrats can block any challenges to the president’s unprecedented immigration power grab, what can be done? If Congress can’t (or won’t) stop blatantly illegal actions by the Obama Administration, what do we do now?
 
For many years, we have been concerned about the prospect of a lawless president dispensing immigration benefits for partisan purposes. While the courts have been less than helpful in preventing past abuses, the magnitude of the current breach is without precedent. This administration has hired extremists – people who are both experts in immigration law and hostile to the public interest in effective controls — who believe neither in deportation nor numerical and financial limits, and they are using the next two years to cement in place policies and practices that have rendered ICE and the Border Patrol useless. That this extremism may inure to the long-term benefit of the Democrats seems to provide suitable motivation among those who ought to know better.
 
FAIR and this movement have for decades relied upon what some still call the “mainstream media” to scrutinize executive actions and conduct. We no longer can, it seems, at least until the current administration ends. But it’s time to recognize two realities: First, there is no “mainstream media” any longer. While there remain venerable names, such as CNN, NBC, the Washington Post and the New York Times, these are no longer “mainstream publications” because these outlets have been compromised and, in any case, most people get there news elsewhere. These, along with the Los Angeles Times, are just mouthpieces for administration policies no matter how illegal or unreasonable. Worse still, these outlets refuse to use accurate terminology in a daily effort to mislead and confuse the public. We can and must play a role in countering the public confusion and misunderstanding.
 
Secondly, the people that are managing this administration’s immigration policy are not suitable appointees for the purpose: These include Lucas Guttentag, Cecilia Munoz and Angela Kelley, all of whom lack any concern for the public or national interest. They are lobbyists for interests that seek to destroy this nation’s ability to regulate immigration, and they are not people who can or should handle the public trust. Racialists, like Frank Sharry at America’s Voice, work overtime to try to divide Americans along color lines to achieve partisan objectives – and he works so closely with this White House that he may as well live in it. …
 
The embarrassing breakdown of leadership. The failure of Congress to defund the DHS-Obama amnesty power grab was enabled by unified Democrats in Congress. Their goal: to change the electorate quickly in that party’s favor. There can be no mistake about their intentions, and America faces a true and urgent immigration crisis as a result. Virtually the entire Democrat Party seems prepared to create a quasi-dictatorship to produce unprecedented immigrant admissions, and to sacrifice the rule of law and fundamental fairness to achieve power – even at the expense of sound finance and Americans who desperately need a chance in a fair labor market, better wages and future prospects.  Keep in mind the situation is ripe for over-reach within the Administration. The arrogance of unchecked and absolute power can and will lead to missteps and abuses that must be spotted and exploited for all America to see and hear. …
 
How to move forward?  Power is being abused, let that be clear. And the major financial backers of the two parties seem oblivious to the threat. We must fill the void with effective leadership and action. First we will need to improve the public’s popular knowledge of today’s complex questions. For those of us who seek to limit immigration to ensure the livability, health, sustainability and survival of our nation and planet, the scene is challenging to say the least. But at least the agenda of those seeking empowerment through immigration is clear. Immigration is not the goal, it is power, plain and simple. Nothing else could explain the administration’s behavior in the face of stagnant wages and yawning income inequality. Understanding motives is critical to fashioning an effective counter-strategy. …
 
Congress can enact laws which this president will veto. But enacting those laws – and the veto itself – helps to highlight presidential malfeasance. In that regard, we expect that the House Judiciary Committee and the Senate Judiciary Committee will be sending a steady stream of good bills to the floors of Congress.
 
While Congress may enact a national E-Verify compliance bill with pre-emption language, there remain many rich vehicles for state legislatures to move related bills.  These state bills, which run the gamut from in-state tuition to driver’s licenses, are important both for their needed substance and for the political pressure they place on local politicians as benchmarks for citizen sentiment.
 
Third, litigation will continue to be an important part of this equation. …
 
Lastly, we must push for Senate leader McConnell to adopt the Democrat’s filibuster busting rule. There are many examples now where the president’s robust use of “executive action” is stepping on special interest toes. If Democrats will not act to limit the president’s abuse of executive authority – not just on immigration but on a whole range of issues — then McConnell will have justification to exercise the nuclear option. At that point, the field is wide open. …
 
To read the entire article, click here:  http://immigrationreform.com/2015/03/06/what-is-to-be-done/
 

Collapse of immigration law enforcement detailed to House Committee

 
Jessica Vaughan, a security expert with the Center for Immigration Studies, testified on February 25, 2015 before the House Committee on Oversight and Government Reform, Subcommittees on National Security and Health Care, Benefits and Administrative Rules.  The Committee was holding a Hearing to review DHS policies and procedures for the apprehension, detention, and release of non-citizens unlawfully present in the U.S. 
 
Ms. Vaughan’s lengthy testimony used the government’s own statistics along with information from sheriffs and ICE employees in the interior of the country, to describe in detail what the current, dangerous situation is.
 
Her statement begins:
 
 “…There can be no doubt that immigration enforcement is in a state of collapse. Border apprehensions, which are considered an indicator of illegal crossing attempts, are rising and many of the illegal crossers are being released into the country instead of repatriated. Hundreds of thousands of temporary visitors are overstaying their visas each year. Department of Homeland Security (DHS) statistics show clearly that over the last several years the number of deportations has plummeted and the number of illegal aliens allowed to stay and work in the United States has increased. The vast majority of illegal aliens residing in the interior face no threat of deportation, regardless of when or how they arrived, or if they have been deported before. Many deportable aliens who are encountered and apprehended by Immigration and Customs Enforcement (ICE) officers are released soon after, even if they have come to ICE's attention after being arrested by local authorities. 
 
"This state of affairs can be traced directly to policy changes put in place by the Obama administration. While administration officials claims that these policies are 'smarter and more effective' and allow the agencies to better focus on aliens who represent a threat to the public, in reality the intent, and certainly the result, has been the dismantlement of effective enforcement. It is no exaggeration to say that DHS is running a massive catch and release program.  …"
 
 

There Is No Executive Order for Amnesty! - It Is Far Worse

NOTE:  DHS issued ten memorandums to implement Obama's executive amnesty.

As we enter the last two years of the Obama Administration, the outlook on immigration issues is as bleak as it is complex and potentially overwhelming.

No, there is no Executive Order for amnesty for illegal aliens. The media coverage of President Obama’s “executive order on amnesty” has been loud, repetitious, and wrong. Many news organizations have used the terms “Executive Order” and “Executive Action” and “Executive Memorandum” interchangeably, and incorrectly.

As of January 23, the White House website for Executive Orders1 shows no amnesty for illegal aliens.

What is being done is far worse for our country and our culture.

On the day of the President’s supposed Executive Order, November 20, 2014, Department of Homeland Security (DHS) Secretary Jeh Johnson issued ten memorandums.2

The timeline of what happened: The news reported President Obama’s impending announcement on “executive order amnesty” for over a week.

At 8:00pm ET on November 20, 2014, President Obama did give a speech3 that was filled with lies and misinformation. He lied about border security and the number of illegal aliens entering our country. He repeated the idiocy about how our immigration system is “broken.” He made the same claim in his January 20 State of the Union address to Congress. (Just how the system is broken, nobody has ever honestly or accurately described.)

Obama surrendered on enforcement:

…tracking down, rounding up, and deporting millions of people isn’t realistic.

He also called it, “impossible.” But, nobody could know what is possible or “impossible” because real enforcement hasn’t been tried in decades.

No “Executive Order Amnesty” was announced on November 20, only the usual shibboleths about immigration.

However, earlier in the day Secretary of DHS Jeh Johnson issued ten memorandums dealing with legal and illegal immigration, immigration enforcement, prosecutorial discretion, DACA, etc.4

On Friday, November 21, President Obama traveled to Las Vegas, gave a speech, and signed two Presidential Memorandums, not Executive Orders as the media, once again, erroneously reported.5

In the first memorandum, “Modernizing and Streamlining the U.S. Immigrant Visa System for the twenty-first century,”6 Obama twice invokes the “broken” lie and says;

We have worked to simplify an overly complex visa system, one that is confusing to travelers and immigrants, burdensome to businesses, and results in long wait times that negatively impact millions of families and workers. But we can and must do more to improve this system.

Translation: “Even though the United States lets in more legal immigrants per year than almost all the rest of the countries in the world added up…we are going to accelerate the process.” In the second memorandum, “Creating Welcoming Communities and Fully Integrating Immigrants and Refugees,”7 Obama provides an overview of the plan to accelerate legal immigration and to naturalize over 13 million Legal Permanent Residents before the 2016 Presidential election....

[Read the original article for an explanation of each of the ten DHS memorandums] Read more about There Is No Executive Order for Amnesty! - It Is Far Worse

Pages

Subscribe to RSS - illegal immigration