Texas Immigration Lawyer Blog

Trump's Executive Order: Extreme Interior Enforcement

Yesterday, President Trump signed an Executive Order titled "Enhancing Public Safety in the Interior of the United States."

Answer: Immigration x Trump + Kobach = Bad.* 

Increase enforcement against aliens without criminal convictions, authorize local law enforcement officers to act as immigration officers, hire more immigration officers, cut off funds to jurisdictions who decline to honor detainers or share information with ICE, bring back Secure Communities, make reports listing immigration status of all aliens imprisoned in the U.S., services for victims of crimes committed by removable aliens. 

The order instructs Immigration and Customs Enforcement (ICE) to target "all removable aliens." It prioritizes aliens with any criminal conviction, charge or "who have committed acts that constitute a chargeable criminal offense." This expands criminal aliens to include those charged (but not convicted) and those who have not been charged with a crime. To accomplish this, 10,000 additional immigration officers are to be hired. 

State and local law enforcement officers will be allowed to "perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens." This amounts to a national "show me your papers" policy, allowing any law enforcement officer to ask for proof of immigration status, and leading to racial profiling.

The order also defines "sanctuary jurisdictions" as those who refuse or limit requesting, maintaining or exchanging information about immigration status. A list of jurisdictions that decline to honor detainers will be published weekly with a list of criminal actions committed in those jurisdictions by aliens. It also establishes an office to provide services to victims of crimes committed by removable aliens. 

The Priority Enforcement Program (PEP) is terminated and "Secure Communities" is reinstated, which means that any undocumented alien who is arrested will be placed in removal. The order also requires reports listing immigration status of all aliens imprisoned in the U.S.

Maybe the answer should be "Worse."* 

*See, The Mouse and His Child, Russell Hoban, Muskrat's "Us and Them Tables."

**Kris Kobach is an advisor to Mr. Trump on immigration. He is the Kansas Secretary of State and the author of the Arizona "show me your papers" law. 

 

 

Immigration Advocates warn Travis County Faces Lawsuits over Secure Communities

Texas Tribune by Joy Diaz, KUT News

As counties around the country start moving away from the controversial Immigration and Customs Enforcement program called Secure Communities, a group of Austin lawyers has threatened to sue Travis County over its participation in the program. Read the full story at KUT News.

Immigration Reform Activists Arrested During Protest in Austin, Texas

Texas Tribune by Julian Aguilar

Six immigration reform activists protesting the use of Secure Communities by Travis County, Texas, were arrested today. 

DHS: Stop the Deportation of a Good Father Who Picked Up His Son at ICE

Sign the petition for Raul Ortiz

Help stop the deportation of Raul Ortiz-Garcia, a hardworking man who is always doing what is best for his family. 

Raul is in danger of being deported because he is a good and caring father. His only son, Luis, was arrested in 2010 for racing on the highway. Since Luis was undocumented, Immigration and Customs Enforcement (ICE) placed a hold on him. Because he was a minor, ICE would only release him to one of his parents – both of whom are also undocumented. Raul sacrificed himself by going to the ICE office to pick up Luis, knowing that they would also place him in deportation proceedings. Both Raul and Luis are now reporting regularly to the ICE office and appearing in immigration court in order to fight their deportations.

Raul's son, Luis, recently graduated for Waco high school and through the work ethic and commitment to education instilled by his father, Luis plans to attend college and study to be a mechanic.

Raul has been working in his community of Waco, Texas since he arrived in 1997, and has held the same job since 2003. He is known as a very hardworking employee, who works 40+ hours a week to provide for his family. He and his partner, Lourdes Flores, are proud homeowners and taxpayers as well. He is described by friends and coworkers as honest and loyal, responsible and calm, and a well rounded individual. He even coaches his community’s soccer team that his son plays on.

In spite of all of his contributions to his family and community, ICE wants to deport Raul Ortiz-Garcia back to Iztacalco, D.F., Mexico. Although this is his city of origin, Raul knows Waco, Texas as home. When he was involved in an auto accident in 1999 and sent back to Mexico, he returned to his home in 2 weeks so that he could continue to provide for his family, financially and emotionally.

The Obama Administration recently said it was focusing its immigration enforcement resources on the highest priority cases: threats to national security and public safety. They said they would not deport people with strong family and community ties in the United States. Raul Ortiz-Garcia is a perfect example of the person that they are aiming to keep in America. His family and community rely on him heavily and he poses no risk to national security.

Please help us to keep Raul here in America for his family and friends. ICE has the authority to use their discretion to close Raul’s case and one of the factors that they look at is community support and attention. By signing this petition, you will help to show ICE that there is widespread support for Raul to remain in Waco, Texas with his family and continue the American dream.

We are asking that you support Raul and his family by signing this petition urging ICE officials to exercise their discretion and terminate Raul’s case. Although Raul did come to this country without inspection, this was done over 12 years ago and should not outweigh how important he is to his family and community.

We are betraying all we say we are as Americans when we deport people like Raul Ortiz-Garcia and justice demands that Raul be allowed to stay in America to care and provide for his family.

Along with signing this petition, we are asking that you ask the Department of Homeland Security to end Raul Ortiz-Garcia's deportation. Call the Department of Homeland Security (202-282-8495) and leave the following message (or something similar):

"Hello, I am calling on behalf of Raul Ortiz-Garcia, A#076-656-831. Raul is a father who was placed in removal proceeding when he went to the ICE office to pick up his minor son. He has lived in Waco, Texas for 15 years. I am calling to ask the Department of Homeland Security to please stop his deportation. Thank you."

 

 

In Heart of Texas, Sheriff Takes Heat for Honoring Immigration Detainers

Immigration Impact

A local election in Travis County, Texas, is bringing to light important questions surrounding the controversial Secure Communities program. As recently reported by the Texas Tribune, Democratic primary challenger John Sisson has criticized incumbent Sheriff Greg Hamilton for honoring federal immigration “detainers”—the lynchpin of Secure Communities—because of their harm to immigrant communities. While Hamilton has said he is bound by federal law, contrary policies in jurisdictions around the country show the sheriff is either misinformed or confused.

Immigration detainers are official requests from Immigration and Customs Enforcement (ICE) asking law enforcement agencies to detain immigrants for 48 business hours after they would otherwise be released so that ICE can take custody. As we have previously explained, detainers are requests, not commands, meaning that local law enforcement agencies do not have to honor them. Yet by Sheriff Hamilton’s own admission, he honors every detainer he receives. “At the Travis County jail,” he said, “we follow the law, and the law says that when an ICE detainer is put on, the law enforcement agency shall maintain that individual for 48 hours.”

In truth, federal law does not require law enforcement agencies to hold individuals for 48 hours; instead, it requires them to release the subject of a detainer if ICE fails to assume custody within 48 hours. In fact, numerous jurisdictions around the country—including San Francisco, Cook County, Ill., and the state of Connecticut—have announced policies in the past year prescribing conditions that must be met for detainers to be honored (such as being convicted of a serious or violent crime).ICE itself is partially to blame for Sheriff Hamilton’s confusion. Agency spokespersons frequently say they expect local law enforcement agencies to honor detainers but fail to mention that they are under no legal obligation to do so. In addition, ICE issued a new detainer form (Form I-247) last year clarifying that detainers expire after 48 hours, but suggesting that law enforcement agencies were required to honor them in the first place.

Aside from problems with detainers, there is larger cause to be concerned about Secure Communities, or “S-Comm.” Although the program was intended to target serious criminals, it has resulted in the deportation of many immigrants with minor or no criminal record. Nationwide, 26% of those deported through the program in FY 2011 had no criminal convictions. In Travis County, more than 60% of the 2,269 immigrants deported between June 2009 and September 2011 were “Level 3” (the lowest priority level) offenders or had only immigration violations. By contrast, less than 40% had Level 1 or Level 2 criminal convictions. These figures are consistent with trends documented in a report released in 2010 finding that in 2008, nearly 60 percent of detainers in Travis County were placed on those charged with misdemeanors—up from 38 percent in 2007 and 34 percent in 2006.

The number of deportations from Travis County also exceeded that of nearby Bexar County, which includes San Antonio and has a larger overall population. The numbers have raised concerns that local law enforcement officers are arresting suspected immigrants on minor charges specifically to determine through Secure Communities whether they are in the country illegally. For this very reason, opponents of the program have argued that the program creates obstacles to community policing and can lead to racial/ethnic profiling and pretextual arrests.

Sisson and Sheriff Hamilton will face off in the Democratic primary on May 29. In an interesting twist, the winner will face former Sheriff Raymond Frank, a Republican, who has stated he would not honor immigration detainers because they separate families.

 

S-Comm "Reforms" are Designed to Fail

From the National Immigration Law Center:

via lawprofessors.typepad.com

Immigration Secure Commnities at Forefront in Travis County Texas Sheriff Race

Texas Tribune by Julian Aguilar

In Travis County, which many consider the liberal hub of Texas, a controversial immigration-enforcement policy is at the forefront of the sheriff’s race.

Sheriff Greg Hamilton, first elected in 2004, is coming under increasing fire from his Democratic primary challenger, John Sisson, a retired Austin Police Department lieutenant, for his use of Secure Communities. The program, administered by Immigration and Customs Enforcement and in place statewide, compares the fingerprints of arrested individuals to a federal database to determine whether those individuals are eligible for deportation. If a person is found to be in violation, ICE requests that a detainer be placed on the individual for 48 hours, excluding weekends and holidays.

The federal government said the program is needed to ferret out violent immigrants or repeat immigration violators for deportation. But critics say that the system focuses on lower-level offenders rather than the more violent criminals. Sisson said Hamilton grants detainers on every immigrant who is booked.

“I was appalled to see what it was doing to the Hispanic community and the immigrant community here,” Sisson said. “I felt like it was very inhumane to be lazy and not do the research and say, ‘We’ll just hold everybody for deportation and not even mess with the particulars.’”

Hamilton said that he is merely following the law.

“The only one that can deport and put an immigration detainer on an individual is an ICE agent, not us,” he said. “At the Travis County Jail, we follow the law, and the law says that when an ICE detainer is put on, the law enforcement agency shall maintain that individual for 48 hours.”

From June 2009 to September 2011, Travis County submitted 80,731 fingerprint sets and removed 2,269 immigrants, including those who left voluntarily.

More than 900 were Level 3 offenders, convicted of misdemeanors, which include traffic violations and drunken driving. There were 420 Level 1 offenders and 437 Level 2. Level 1 are aggravated felonies, including murder, rape, sexual abuse of a minor and drug trafficking. Level 2 offenders are convicted of any lesser felony or three misdemeanors.

Travis County’s number of removals surpasses that of Bexar County, where about 105,600 submissions were processed, resulting in the removal of 1,479 immigrants.

Bexar County, which includes San Antonio, has a population of about 1,715,000, compared with Travis County’s population of 1,024,000.

But Hamilton said deputies release immigrants if ICE agents do not take them and they are otherwise releasable on bond.

* * *

The winner of the May 29 Democratic primary will face Raymond Frank, a former sheriff and admitted underdog Republican candidate who identifies himself as an independent in the mold of Rep. Ron Paul, R-Lake Jackson.

Frank has vowed to do away with the program if he is elected because it separates families. “A lot of Republicans are pretty outspoken about immigration,” he said. “And I don’t share their views at all.”

 

 

 

 

Central Texas HS Seniors Face Deportation

 Local High School Students Face Deportation

KWBU by Becky Fogel

Excellent story about Daniel Perez and Luis Ortiz, local high school seniors who are in deportation proceedings. 

 If you would like to help. Sign the petitions at www.SaveDanielandLuis.org. 

ICE Ignores Own S-Comm Task Force

NYS Immigrant Action Fund by Pat Young

Here's an opposing view to the New York Times article regarding ICE's Friday announcement about Secure Communities:

Today, the Department of Homeland Security (DHS) announced that it would not adopt major recommendations made by the task force established by the agency last year. According to DHS Counselor to Secretary Napolitano, John Sandweg, the agency will continue to pursue low-level offenders, including immigrants convicted of minor traffic offenses. However, for individuals arrested solely for minor traffic offenses, who have not previously been convicted of other crimes and do not fall within any of ICE’s enforcement priorities, ICE will only consider commencing enforcement action upon conviction for the minor traffic offense. Today’s announcement, comes as a disappointment to immigration advocates who, along with state and local officials across the country, including Governor Andrew Cuomo and members of Congress; local law enforcement agencies and victims’ rights groups, have for two years voiced their opposition to the program.

This announcement came in response to a September 2011 report on S-Comm from the DHS task force; the report was harshly critical of the program, finding that S-Comm had an adverse impact on community policing because it discourages immigrant witnesses and crime victims from reporting crime and cooperating with police. Arturo Venegas, the former police chief of Sacramento, said the program was “deeply flawed” and was “undermining public safety.” Some of the task force’s recommendations include suspension pending major reforms, or outright termination of the program, better training for ICE personnel, and calls for ICE to provide legal authority for its claim that states’ participation in the program is mandatory.

“By disregarding the major recommendations by its own task force, DHS has failed to address our concerns associated with this misguided program,” said Chung-Wha Hong, executive director of the New York Immigration Coalition. “We remain deeply troubled by the Administration’s rapid roll-out of a program that has been at the center of so much controversy.”

 

Fewer Undocumented Immigrants Stopped for Traffic Violations Will Face

New York Times by Julia Preston

Fewer [undocumented] immigrants stopped by police for minor traffic violations would be held for deportation under changes announced Friday to a federal fingerprinting program, Department of Homeland Security officials said.        

The policy change on how federal agents will handle [undocumented] immigrants arrested by state and local police for offenses like driving without a license came in the department’s response to a report by a task force on the federal program.

One of the task force’s central recommendations was that the program, called Secure Communities, should avoid deportations of traffic violators.

The sharply critical task force report, issued last September, argued that such deportations were inconsistent with the department’s stated priorities of removing foreigners with serious criminal records. The increase in deportations of minor offenders under Secure Communities, the task force concluded, was undermining vital ties of trust between local police and immigrant neighborhoods.        

* * *

Under the program, fingerprints of anyone booked by the police are checked against F.B.I. criminal databases — long a routine procedure — and also against databases of the Department of Homeland Security, which include immigration violations. Immigration and Customs Enforcement, known as ICE, has been rapidly extending the program with the goal of reaching all 3,181 jurisdictions in the country by next year.

Homeland Security officials contended that the new policy on traffic violators could bring a major change in the program’s impact.

As the program spread, more local arrests resulted in immigration holds, and illegal immigrants who did not have criminal convictions found themselves facing deportation because of tickets for speeding, burned-out tail lights or driving without a license.

In all but a handful of states, immigrants here illegally cannot obtain driver’s licenses.

Under the refinement, when illegal immigrants are arrested solely for traffic offenses and do not have a prior criminal record, federal agents will only consider placing a hold — known as a detainer — after they are convicted.

“ICE agrees that enforcement action based solely on a charge for a minor traffic offense is generally not an efficient use of government resources,” the department response says.

Immigrants arrested for drunken driving would not benefit from the new policy, officials said.

In practice, most traffic violators are released well before they are convicted, and now immigrants stopped by traffic police will not remain in custody to be picked up by federal agents.

Detainers are only in effect as long as the immigrant is in local police custody, homeland security officials said.