immigration

A History Lesson On Race-Based Immigration

December 18, 2014 By CCM Staff

Controversy and court challenges over American birth-right citizenship for babies born in the U.S. to illegal immigrants? Targeting a particular group for enforcement because of their race? Accepting the labor and economic contribution while creating an immigrant underclass? An NBC news report outlines those moves against Chinese immigrants under the “Chinese Exclusion Act,” that was repealed in 1943 – after being in place for 61 years.

It was that debate over birth right to U.S. citizenship that brought the Supreme Court’s Wong Kim Ark case, which is still the legal standard today, notes NBC.

The Exclusion Act, says the report, “…. was repealed with the signing of the Magnuson Act on… Dec. 17, in 1943. The legal exclusion of Chinese lasted for sixty-one years. The repeal was named for Warren G. Magnuson, a member of Congress from Washington state, where some of the strongest anti-Chinese sentiment was heard. The repeal, however, was still restrictive, opening up Chinese immigration to just 105 visas.”

Read the NBC report and some details on the policy here: The Chinese Exclusion Act Ended Seventy-One Years Ago, Today

Filed Under: Border Kids, Community, Courts Budget Tagged With: American Chinese relations, Chinese Exclusion Act, immigration, immigration history, immigration reform, Magnuson Act, Warren G. Magnuson, Wong Kim Ark

Immigration Courts Face Obama Actions

December 11, 2014 By CCM Staff

President Obama’s executive actions on immigration will impact the civil courts system, but it’s hard to know how soon that will happen – or how much the impact will be. Southern California public radio station KPCC is reporting it as “promising news” for immigration judges “… who have long sought more resources for their busy courtrooms, says Bruce Einhorn, a former immigration judge who served in the LA courts for more than 15 years.”:

As reported in SCPR, “A judge hears the cases of immigrant teens in Los Angeles.”

The KPCC reports says that a typical judge in Los Angeles has about 2,500 cases on their docket, which means an average case takes more than two years to reach a decision, but that could change with Obama’s action. Einhorn, said it will take time to see the effects on the ground. One group that will likely not find relief are the thousands of child migrant cases that are working their way through the courts. As Take Two has been covering on the program, more than 7,000 children are being heard in Los Angeles alone. Since they arrived in the country within the past five years, they probably will not qualify under the new rules from Obama.

Read and listen to the report here: Obama’s actions could affect thousands at LA’s immigration courts.

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: access to justice, Border Kids, budget cuts, california courts, court backlog, court rationing, immigration, KPCC, Los Angeles, Obama, White House

Tomorrow’s Immigration News Today: Devil In The Details

December 1, 2014 By CCM Staff

Not to equate the United States Justice Department with Lucifer himself, but the old saying that “the devil’s in the details” is holding up with President Obama’s immigration actions. You have to read with a particular eye, but a Washington Post report by Juliet Eilperin and Jerry Markon notes that “… one of the provisions the Justice Department lawyers included, which they also pushed for during the creation of the 2012 program, was to make clear that federal immigration officials would still have the option of deporting individuals who might otherwise qualify for a deferral.”

Wait, what? With some 400,000 cases pending in the Justice Department’s own immigration courts, they also have the option of deporting people who would “otherwise” qualify for defferral? The WaPo also reports that the “… memo states that the new policy ‘provides for case-by-case determinations about whether an individual alien’s circumstances warrant the expenditure of removal resources, employing a broad standard that leaves ample room for the exercise of individual discretion by enforcement officials.’”

One point of the story is that some people who might qualify for protection under the Obama action will no self-identify to authorities. It’s the kind of uncertainty that has kept some “Dreamers” from stepping forward. From what we’ve seen in the past year, “trust the Justice Department” is going to be a tough sell, and a future headline will be “Few Take Obama Up On Protection Offer.”

You read it here first! And you can see the excellent WaPo work here.

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: deportation, Dreamers, ICE, immigration, immigration reform, Justice Department, Obama, President Obama

Obama Said To Be Planning Big Immigration Move

November 13, 2014 By CCM Staff

While early reports do not focus on the more than 300,000 recent Central American “border kids” awaiting deportation hearings, it does seem President Obama is making good on his immigration policy promises. The New York Times reports that “… part of Mr. Obama’s plan alone could affect as many as 3.3 million people who have been living in the United States illegally for at least five years, according to an analysis by the Migration Policy Institute, an immigration research organization in Washington. But the White House is also considering a stricter policy that would limit the benefits to people who have lived in the country for at least 10 years, or about 2.5 million people.”

The NYT added that “… extending protections to more undocumented immigrants who came to the United States as children, and to their parents, could affect an additional one million or more if they are included in the final plan that the president announces.” Immigration cases, thought by many to be criminal cases, are actually civil actions. For example, immigration “judges” are actually employees of the Justice Department.

But officials also said, according to the Times, that patrol agents and judges at the Department of Homeland Security, the Justice Department and other federal law enforcement and judicial agencies, “will make clear that deportations should still proceed for convicted criminals, foreigners who pose national security risks and recent border crossers.”

Read the NY Times story here: Obama Said to Plan Moves to Shield 5 Million Immigrants

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: border children, border crisis, Border Enforcement, Border Kids, California, California Budget, california courts, civil court, Department of Justice, detainees, detention, DHHS, Gov. Jerry Brown, Homeland Security, ICE, immigration, immigration reform, Immigrations and Customs Enforcement, refugee children, Superior Court

Now Nepotism Is Immigration Court Issue

November 10, 2014 By CCM Staff

It turns out that the under-staffed immigration courts still found time to hire family members of officials, sometimes in apparent violation of federal law, according to various reports. Says the Washington Post, “… the Federal investigators found rampant nepotism in recent years within the agency that oversees U.S. immigration courts, including three top officials who used their positions to help relatives land paid internships.

Adds WaPo in one of its federal government blogs: “In a report this week, Justice Department Inspector General Michael Horowitz said about 16 percent of the interns hired between 2007 and 2012 for the Executive Office of Immigration Review’s Student Temporary Employment Program were family members of employees.”

Read all about it: IG: Nepotism was rampant with U.S. immigration court’s interns

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: immigration, immigration court, immigration courts, Justice Department, nepotism, Washington Post

Feds Demanding Interpreters In Civil Cases

November 5, 2014 By CCM Staff

In a situation sure to echo nationally, California is scrambling to “voluntarily” remedy a civil rights violation for not providing interpreters in certain civil cases, The Los Angeles Times reports. The Times notes that “… unlike those charged with a crime, people in civil court do not have the constitutional right to an interpreter. For many of California’s nearly 7 million limited-English proficient speakers — about one-third of whom live in Los Angeles County — that makes the system practically impenetrable… the problem led the U.S. Department of Justice last year to conclude that L.A. County and the state’s Judicial Council were violating the Civil Rights Act.

The Times explained that the investigation “was prompted by a complaint filed by the Legal Aid Foundation of Los Angeles on behalf of two low-income clients. One had been sexually assaulted and sought a restraining order against her attacker; the other had filed for custody and child support for her son. Both were denied Korean interpreters. Federal authorities have given California the chance to voluntarily improve services. But failure to make the court system accessible to all could result in federal intervention.”

The Times story comes in a context of diminished civil court services and delays in family court, among other challenges. Top court officials have said mere access to courts become a civil rights issue.

Read the Times story here: After federal probe, state examines need for civil court interpreters

ICE Holds Down Under ‘Trust Act’ Policy

October 23, 2014 By CCM Staff

Some new numbers are confirming that law enforcement officials are holding fewer immigrants on behalf of federal immigration authorities. The change comes under policies of the Trust Act that went into place earlier this year and follow court decisions on the “holds.” The Associated Press reports that “… immigration officials say local authorities across the U.S. released thousands of immigrants from jails this year despite efforts to take them into federal custody, including more than 3,000 with previous felony charges or convictions.”

The AP story explains that “… the Trust Act limits the ability of local law enforcement to comply with Immigration and Customs Enforcement requests to hold immigrants longer than their scheduled release date to give ICE time to take them into custody.” Immigration issues are nearly always “civil,” not criminal issues.

California’s San Diego County was among the five counties nationwide with the most federal immigration requests declined, according to newly released ICE data. Santa Clara, Los Angeles, Alameda and Miami-Dade, FL, were the other four. In northern California, the number of detainees transferred to ICE custody fell 53 percent during fiscal year 2014, according to ICE. In the Los Angeles area, the number fell by 15 percent. Similar figures weren’t available for San Diego, but in fiscal year 2013, immigration authorities requested that 3,020 detainees be transferred to ICE custody from San Diego and Imperial counties, reports the AP.

See the story via California public radio here: Immigration Holds Plummet In First Year Of California’s Trust Act

Supreme Court Considering Key Low-Level Drug Deportation Issue

October 16, 2014 By CCM Staff

The United States Supreme Court famously likes to use small cases to make big decisions, and thus we have the case of a man deported over a sock. The International Business Times explains that “… Moones Mellouli, an immigrant from Tunisia who has been fighting the grounds of his deportation order since 2012. A high court ruling against him could widen the deportation net for immigrants convicted of low-level drug-related crimes — even if the drugs in question aren’t designated controlled substances under federal law.”

The Times offers the backstory: “Mellouli came to the U.S. in 2004 on a student visa. He completed two master’s degrees, taught mathematics, secured a job as an actuary and received his green card. In 2010, he was stopped and detained in Kansas for driving under the influence, and then charged and convicted with possession of drug paraphernalia — specified under Kansas law as anything used to “store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.” In this case, it was a sock containing an unspecified drug… in Kansas, this counted as a misdemeanor, punishable by a fine. Under federal law, and in many other states where “drug paraphernalia” has a stricter definition, Mellouli’s behavior wouldn’t have amounted to a crime at all.”

The idea was that his sock, where he had stashed four Adderall pills, was paraphernalia. The Justice Department’s Immigration Court upheld the deportation. Now, says the Times, “… if the Supreme Court agrees, it could open the way for more of these types of low-level drug crimes to become deportable offenses… the case also highlights the degree to which the variability of state laws factors into deportations: If Mellouli had been in California, rather than Kansas, he may not have been convicted in the first place.

Read the fine report here: Immigration: Supreme Court To Rule On Deportation Standards For Drug Offenses

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: border children, border crisis, Border Kids, California, California Budget, california courts, civil court, Department of Justice, detention, DHHS, Gov. Jerry Brown, Homeland Security, ICE, immigration, immigration reform, Immigrations and Customs Enforcement, refugee children, Superior Court

Immigration Judges The ‘Cinderellas’ Of Justice System?

October 15, 2014 By CCM Staff

San Francisco immigration judge Dana Leigh Marks, who sidesteps a Justice Department gag order on her profession because she is also president of the National Association of Immigration Judges, is continuing to give voice to those who work inside the “border kid” crisis. She tells ABC News that “… we call ourselves ‘the legal Cinderellas’ in the Department of Justice, because we feel that we have been ignored resource-wise.”

She told ABC that, this year, “… $18 billion was spent on immigration law enforcement and only 1.7 perfect of that went to the courts…” Marks also cited non-functioning equipment and understaffed offices as key culprits in the “massive dysfunction” that immigration judges are currently facing. The judges are actually Justice Department employees.

Judge Marks outlined the scope of the problem: “Nationwide there’s more than 375,000 pending cases before 227 immigration judges who are sitting in the field,” Marks said. This works out to more than 1,500 cases per judge, but individual caseloads vary across the country. For example, Marks’ docket in San Francisco has more than 2,400 pending cases. The judge said the administration’s decision to “flip” the docket to move border kids to the front has meant longer delays for others.

Read the story from the front lines of immigration court here: Immigration Judge Says Court System Has Been Ignored, Underfunded

‘Kafka’s’ Immigration Trials Spark State and National Response

October 9, 2014 By CCM Staff

CCM’s publisher, Sara Warner, has another post up on Huffington Post regarding the Border Kids legal representation issue. Take a look!

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: border children, border crisis, Border Kids, California Budget, california courts, civil court, Department of Justice, detention, DHHS, Gov. Jerry Brown, Homeland Security, ICE, immigration, immigration reform, Immigrations and Customs Enforcement, refugee children, Superior Court