Kolken & Kolken Immigration Updates

Report: 287(g) program creates a pattern and practice of constitutional violations, including racial profiling of Latinos

My Contact — Thu, 10 Jan 2013 10:30:00 -0500

The Immigration Policy Center (IPC), a research and policy arm of the American Immigration Council, has released a report about the 287(g) immigration enforcement program finding that it is "a flawed and obsolete."

Here are some of the findings taken from this fact sheet:

In Maricopa County, Arizona there is a pattern and practice of constitutional violations, including racial profiling of Latinos.
In 87% of the jurisdictions with 287(g) agreements the rate of Latino population growth was higher than the national average.
287(g) agreements in the North Carolina were primarily used to target offenders who posed no threat to public safety or individuals with no criminal record, and the program has “created a climate of racial profiling and community insecurity."
In Alamance County, North Carolina there is a pattern and practice of constitutional violations by unlawfully detaining and arresting Latinos.
In Gwinnet County, Georgia racial profiling has been exacerbated by the 287(g) program.
ICE and its local law enforcement partners had not complied with the terms of their 287(g) agreements, standards by which deputized officers are evaluated contradicted the stated objectives of the 287(g) program, the program was poorly supervised by ICE, and additional oversight is necessary.
There is very little ICE oversight of 287(g) partnerships and that ICE personnel do not lead or directly oversee 287(g) arrests.
While ICE officials have stated that the purpose of the program is to address serious crime, such as narcotics smuggling, ICE has never documented this objective or provided statistics to validate it. As a result, local police have used their 287(g) authority to detain immigrants for traffic violations and other minor crimes.
ICE does not pay for any costs associated with implementation of the program, including overtime and financial liability arising from civil rights violations.
The total cost for the first year of operating the 287(g) program in Mecklenburg County, N.C., to be $5.5 million. Meanwhile, costs for the first full year of operation in Alamance County, N.C., were found to be $4.8 million.
Prince William County, Va., had to raise property taxes and take from its “rainy day” fund to implement its 287(g) program. The report found the program cost $6.4 million in its first year and would cost $26 million over five years. To cut costs, the county slashed $3.1 million from its budget—money that was intended to buy video cameras for police cars to protect against allegations of racial profiling.
Sheriff Joe Arpaio’s office created a $1.3 million deficit in just three months, much of it due to overtime.

Click here to review the full report.

Obama Administration Spent $18 billion on Immigration Enforcement in 2012

My Contact — Tue, 08 Jan 2013 08:30:00 -0500

Former INS Commissioner Doris Meissner along with Donald M. Kerwin, Muzaffar Chishti, and Claire Bergeron have issued a report entitled "Immigration Enforcement in the United States: The Rise of a Formidable Machinery" that reveals that in 2012 the Obama administration spent nearly $18 billion dollars on immigration enforcement.

Here is the summary from the report:

"The US government spends more on federal immigration enforcement than on all other principal federal criminal law enforcement agencies combined, and has allocated nearly $187 billion for immigration enforcement since 1986. Deportations have reached record highs, border apprehensions 40-year lows, and more noncitizens than ever before are in immigration detention. The report traces the evolution of the immigration enforcement system, particularly in the post-9/11 era, in terms of budgets, personnel, enforcement actions, and technology – analyzing how individual programs and policies have resulted in a complex, interconnected, cross-agency system."

Some key findings:

More than 4 million non-citizens, primarily unauthorized immigrants, have been deported from the United States since 1990, with removals rising from 30,039 in FY 1990 to 391,953 in FY 2011.
Fewer than half of the non-citizens deported from the United States are removed pursuant to a formal hearing before an immigration judge, with the majority removed by the Department of Homeland Security (DHS) via its administrative authority.
The nearly 430,000 non-citizens detained in the immigration detention system in FY 2011 exceeded the number serving sentences in federal Bureau of Prisons facilities for all other federal crimes.
Immigration enforcement spending has totaled nearly $187 billion in the 26 years since IRCA ($219 billion in 2012 dollars).
Spending on CBP, ICE and DHS’s primary immigration enforcement technology initiative, the US Visitor and Immigrant Status Indicator Technology (US-VISIT) program, reached $17.9 billion in FY 2012. In comparison, total spending for all other federal criminal law enforcement agencies (the FBI, Drug Enforcement Administration, Secret Service, U.S. Marshals Service and Bureau of Alcohol, Tobacco, Firearms and Explosives) stood at $14.4 billion in FY 2012.

Happy New Year!

Colorlines Report: 205K Deportations of Parents of U.S. Citizens since 2010

My Contact — Tue, 18 Dec 2012 00:00:00 -0500

Seth Freed Wessler of Colorlines News for Action reports that there have been nearly 205,000 parents of United States citizen children deported since 2010 . The data was obtain through a Freedom of Information Act request. The full statistics compiled regarding final orders sought, obtained, and actual removals of individuals claiming to be parents of United States citizen children may be viewed here.

Maybe it is time for the Obama administration to consider expanding deferred action to parents of United States citizen children as a stop gap measure until immigration reform is implemented. I'd also add spouses of United States citizens to the list as well.

Just a thought.

Nearly One-Third of all Immigrants Targeted for Deportation in California by Secure Communities are Not Criminals

My Contact — Wed, 05 Dec 2012 09:00:00 -0500

The LA Times reports the following: "California Atty. Gen. Kamala Harris told local law enforcement agencies Tuesday that they were not obligated to comply with a federal program whose stated goal is to deport illegal immigrants convicted of serious crimes."

The statistics show that 28% of the immigrants targeted by Secure Communities in the State of California were not criminals. After seeing the statistics, Harris commented that SCOMM "has not held up to what it aspired to be" advising each California State law enforcement agency to "make its own decision" about whether to follow the immigration enforcement directive.

The Obama administration characterizes SCOMM as "a simple and common sense way to carry out ICE's priorities." Harris sees it differently: "I want that rape victim to be absolutely secure that if she waves down an officer in a car that she will be protected … and not fear that she's waving down an immigration officer."

Click here for the original source of this story.

Father of Three United States Citizen Children Detained while Children "Watched in Horror"

My Contact — Wed, 24 Oct 2012 11:00:00 -0400

Mr. Shi Tong Chu is currently being held in the Buffalo Federal Detention Facility. The following background information was taken from the on-line petition that has been created calling for his immediate release from custody. I urge you to sign it.

"On June 12, 2012, Mr. Chu was detained by ICE while on his way to make a delivery for the family restaurant he operates in Schenectady, New York. His three U.S. citizen children watched in horror from the restaurant windows as their father was taken into custody right before their eyes. They have not seen their father in four months.

Mr. Chu arrived in the United States 12 years ago. He fled China in 2000 after being harassed and threatened with imprisonment for practicing Falun Gong, a spiritual movement that the Chinese government has banned since 1999.

For the past twelve years, Mr. Chu has been a peaceful resident of Sunset Park, Brooklyn. His life revolved around supporting his wife and three young children, who are all U.S. citizens. He relocated with his family to Schnectady, New York only recently to take care of his mother-in-law who has cancer. His 8-year-old son, Brian, is also ill and might need to undergo surgery soon. Brian asks everyday if his father will be there for his surgery. Since getting detained, his wife, Yuki, has been distraught and overwhelmed having to take care of her ill mother, three children and run a restaurant all by herself."

Please take immediate action by signing the petition.

I also urge you to call ICE Director John Morton at 202-732-3000 or 202-732-3100 asking for Mr. Chu's release.

Here is a sample script for your call:

“I am calling to ask that you release Shi Tong Chu (A#078 104 926) from Buffalo Federal Detention Center. Chu fled China 12 years ago to escape being persecuted by the Chinese government for being a Falun Gong practitioner. Chu has 3 U.S. citizen children and is a low-priority deportation. He should have never been detained under the Morton Memo. Let Chu go!"

ICE is Arresting Parents as they drop-off their Children at Elementary School

My Contact — Thu, 18 Oct 2012 09:45:00 -0400

Apparently smart immigration enforcement includes arresting parents as they drop-off their children at elementary school.

From America's Voice:

"This week, ICE agents approached two immigrant families while they were dropping off their children at Cesar Chavez Academy in Southwest Detroit. One father, Hector Orozco, was dropping off his son when he was arrested, and remains in detention.

Another family was stopped outside the Manuel Reyes Vistas Nuevas Head Start Center. The ICE agent temporarily let the family go so they could drop off their children, and told them they would be detained once they returned home. The family took refuge in the elementary school until advocates could intervene."

Julia Preston of the New York Times reports that a 7-year-old child in the vehicle at the time of one of the arrests became distraught, pleading in English: ?Please don?t take my dad. We want to go to school.?

This isn't the first time that Detroit ICE decided it was a brilliant idea to stalk parents of school children. The administration's response, predictably, was to issue a memo, that Detroit ICE immediately put in the circular file right next to the Morton Memo.

Here is the "policy" that is being ignored:

"This memorandum sets forth Immigration and Customs Enforcement (ICE) policy regarding certain enforcement actions by ICE officers and agents at or focused on sensitive locations. This policy is designed to ensure that these enforcement actions do not occur at nor are focused on sensitive locations such as schools and churches unless (a) exigent circumstances exist (b) other law enforcement actions have led officers to a sensitive location as described in the "Exceptions to the General Rule" section of this policy memorandum, or (c) prior approval is obtained. This policy supersedes all prior agency policy on this subject."

Quotas are quotas.

"Dozens" of Immigrant Students Arrested by ICE in San Diego - Told to "Self-Deport"

My Contact — Fri, 12 Oct 2012 10:00:00 -0400

More evidence has been reported of the Obama administration's continuing efforts to round up and deport "low priority" immigrants. At 6:00 am yesterday morning ICE raided a downtown San Diego apartment complex netting approximately 40 students that were working without authorization as cab drivers to help support themselves while attending school. The raid lasted a few hours.

After taking the students into custody, ICE revoked their visas, and instructed them to "self-deport" within 30 days. It does not appear that any of the students taken into custody had criminal records, and all were in valid immigration status at the time of the arrest.

And that, my friends, illustrates the principal difference between the immigration policies of Barack Obama and Mitt Romney: Mitt Romney suggests that immigrants self-deport. Barack Obama demands it.

Courtesy of San Diego, California News Station - KFMB Channel 8 - cbs8.com

Report: Immigrants in Detention Subjected to Punitive and Long-Term Solitary Confinement and Denial of Due Process

My Contact (Matthew L. Kolken) — Wed, 26 Sep 2012 13:40:00 -0400

Heartland Alliance's National Immigrant Justice Center (NIJC) and Physicians for Human Rights (PHR) have conducted an investigation of more than a dozen immigration detention facilities and county jails that partner with Immigration and Customs Enforcement (ICE) to detain immigrants awaiting removal from the United States.

They discovered the existence of "egregious human rights violations" resulting from the Obama administration's widespread and arbitrary use of solitary confinement as a punitive measure against immigrant detainees. They further found that immigrant detainees in solitary confinement are regularly subjected to excessive force, harassment, and/or abuse by corrections officers.

The following is from the summary of the report:

Investigators found that solitary confinement in immigration detention facilities is often arbitrarily applied, significantly overused, harmful to detainees? health, and inadequately monitored. Some people give up and stop fighting their immigration cases so they will not have to spend another day in ?the hole.?

These individuals are then deported to countries they may not remember, or worse, to countries where they have been persecuted or tortured. In short, the use of solitary confinement within the immigration detention system places enormous pressure on immigrants attempting to stay in the United States to abandon their options for legal relief, their families, their communities, and often the only country they have ever known.

This isn't the first report that has been issued condemning the current administration for abusing immigrant detainees. The administration has known about the occurrences of abuse in immigration detention for years, but has done virtually nothing to correct the problem.

Click here to read the full report.

9th Circuit Denies Emergency Motion to Enjoin "Show Me Your Papers" Provision of Arizona Immigration Law Pending Appeal

My Contact — Wed, 26 Sep 2012 09:45:00 -0400

It has been reported that the 9th Circuit Court of Appeals yesterday denied an emergency motion seeking an injunction of the "Show me your papers" provision of the Arizona immigration law. The motion sought to suspend the provision while an appeal filed by a coalition of opponents of the law remains pending. The provision went into effect on September 18, 2012.

A copy of the emergency motion may be viewed here.

Rep. Luis Gutierrez: No Promises from Obama to Move Quickly on Immigration Reform if Reelected in November

My Contact (Matthew L. Kolken) — Mon, 24 Sep 2012 13:30:00 -0400

The Hill reports that the esteemed Congressman from Illinois, Luis Gutierrez (D), has indicated that he has received no assurances from the White House that if President Obama is reelected that he will "move quickly" to address comprehensive immigration reform.

So what? The President isn't willing to fall into the same trap that he did last time he was campaigning by making MORE promises that he can't keep. He is learning from his mistakes. I call that "Change."

No quick movement from the White House on immigration reform. Got it.

But the President must AT LEAST have a vision for what immigration reform will EVENTUALLY look like in his last four years? He's got a plan waiting in the wings, RIGHT?

Wrong.

The Hill reports an "emphatic" "NO" from Congressman Gutierrez.

No immigration reform strategy has been communicated to the leading pro-immigration reform voice in the Congress by the White House, and we are less than two months away from the Presidential election.

Ok, for those keeping score, let's get this straight: (1) no promises to work quickly on immigration reform, and (2) no strategy in the works.

Really?

This latest disappointment comes on the heels of the President (pandering) on Univision where he stated that immigration reform was his biggest failure.

So Mr. President, let me ask you this: if immigration reform is in fact your "biggest failure" why isn't it even listed as an important issue on your campaign website?

Ohhh right... your website is in English.

The immigration reform message is only meant for Spanish speaking voters.

Regardless, Congressman Gutierrez is "positive" that we will see immigration reform in term two, but astoundingly, it is because THE REPUBLICANS are going to lead on the issue.

REALLY?

The Republicans?

Yup, you heard it right. The Republicans are going to lead on the issue. Not President Obama. The Republicans.

Gutierrez points to Republicans like Jeb Bush, and Marco Rubio who will take the lead on immigration reform, and will introduce their own reform legislation: ?because the Republicans are going to take such a beating in this election that they?re going to propose [their own plan].?

So it appears that Obama's immigration reform strategy is to win soundly in November, garnering the Hispanic vote in the process, but once in office provide no leadership by doing nothing, and solve the problem by allowing THE REPUBLICANS to take the lead through the introduction of their own immigration reform legislation.

I guess I just don't know what to say to that.

Well, what about Mitt Romney? Did he also talk immigration on Univision?

You betcha.

Just like the President, Romney didn't offer any solutions, but appears to have reversed his tone on his previous "self-deportation" plan stating that if elected: ?We?re not going to round up people around the country and deport them.?

Well, at this point, I guess we just need to take what we can get.

Vote Gary Johnson for President in 2012.

Seriously.