Immigration Law Update March 9, 2017 Bringing Peace to Immigrant Families. Immigration Law Update March 9, 2017

The big misunderstanding “I’m okay with immigrants as long as they do it the right way.” Options for the undocumented Main ways to immigrate: family, high skilled labor, asylum Family: 3/10 year bars The line

Executive Order: “Protecting the Nation From Foreign Terrorist Entry Into the U.S.” Suspends admission and visa issuance for 90+ days for nationals of: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen Suspends refugee program for 120 days, Syrian refugees banned indefinitely Suspends Visa Waiver Program Priority to Christian refugees Applied to Permanent Residents

Executive Order: “Protecting the Nation From Foreign Terrorist Entry Into the U.S.” Judges on the Ninth Circuit Court of Appeals said that while the government "identified the seven countries in the executive order as countries of concern in 2015 and 2016," it had not "offered any evidence or even an explanation" for how the national security concerns justified an "urgent need" to reinstate the executive order. For now: DHS has stated that they’re back to operating as before the Executive Order U.S. Consulates have stopped revoking visas Airlines have stated they’re back to booking flights Litigation will continue, could see new EO

New Executive Order Iraq is not on the list No Syrian refugee ban indefinitely, banned for 120 days like all other refugees Does not apply to those with valid visa or lawful permanent residence No visas issued for the next 90 days from: Iran, Sudan, Somalia, Yemen, Libya, Syria

Interior Enforcement EO’s and Memos The concerns Increased Detention Everyone is a priority LEAs enforcing immigration Use of summary deportation for people apprehended

EO: Border Security and Immigration Enforcement Improvements Section 4. Physical Security of the Southern Border of the United States (a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border; (b) Identify, and to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border PROBLEM: COST Senate Majority Leader Mitch McConnell estimated the cost to be between $12 billion and $15 billion. Secure Fence Action – 700 miles of fencing cost 2.4 billion The least harmful section of the new orders. Current budget 41 billion

Border Security and Immigration Enforcement Improvements Section 5. Detention Facilities (a) The Secretary shall take all appropriate action and allocate all legally available resources to immediately construct, operate, control, or establish contracts to construct, operate, or control facilities to detain aliens at or near the land border with Mexico. (b) and (c): assign asylum officers and immigration judges to the facilities PROBLEM: COST, LOGISTICS, ACCESS TO COUNSEL ICE's annual budget for immigration detention is about $2 billion. The daily cost of detention is about $164 per person. The federal government spends more than $5 million daily to detain immigrants. ICE holds up to 34,000 immigrants on any given day. (Human Rights First) DHS detains 400,000 annually. BOP half that amount. (Center for American Progress) Facilities are deliberately remote 5: more detention centers CFI process No right to attorney despite facing harsher consequences than jail time in may instances Rural area, already very difficult to staff. Remote by design Willacy “tent city” shut down after riots Pt. Isabel and Pearsall – access to counsel issues Karnes – always understaffed, and near San Antonio Dilley – AILA flies in lawyers from around the nation If anyone looking to change practice areas, head to South Texas and learn immigration

Border Security and Immigration Enforcement Improvements Section 6: Detention for Illegal Entry The Secretary shall issue new policy guidance to all Department of Homeland Security personnel regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly know as “catch and release,” whereby aliens are routinely released in the United States shortly after their apprehension for violations of immigration law. PROBLEM: FIXES SOMETHING NOT BROKEN Section 6 PROBLEM: “FIXES” SOMETHING NOT BROKEN “Catch and Release” – another example of Republican wordsmithing - not existent, ended in 2005 when Hutto was opened. DHS Secretary Michael Chertoff announced. Perhaps means will pursue 8 USC 1325 in all cases: Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both. Anecdotal evidence of secure borders. In over 500 consults per year, I can recall meeting less than five people who EWId without apprehension since 2011 Data not really available Research shows Mexican migration is now at a net zero (NPR)

Border Security and Immigration Enforcement Improvements Section 7: Return to Territory The Secretary shall take appropriate action, consistent with the requirements of section 1232 of title 8, United States Code, to ensure that aliens described in section 235(b)(2)(C) of the INA are returned to the territory from which they came pending a removal proceeding. PROBLEM: REMOVING KIDS OUTSIDE THE US PENDING REMOVAL HEARINGS Section 7 Sends Mexican non-asylum seeking kids back to their country pending a hearing. Discuss SIJ. Clever review of the INA by whoever drafted this memo 8 U.S. Code § 1232 Enhancing efforts to combat the trafficking of children In order to enhance the efforts of the United States to prevent trafficking in persons, the Secretary of Homeland Security, in conjunction with the Secretary of State, the Attorney General, and the Secretary of Health and Human Services, shall develop policies and procedures to ensure that unaccompanied alien children in the United States are safely repatriated to their country of nationality or of last habitual residence. 235(b)(2)(C) Treatment of aliens arriving from contiguous territory.-In the case of an alien described in subparagraph (A) who is arriving on land (whether or not at a designated port of arrival) from a foreign territory contiguous to the United States, the Attorney General may return the alien to that territory pending a proceeding under section 240 

Border Security and Immigration Enforcement Improvements Section 10. Federal-State Agreements (b) To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action; through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary. PROBLEM: COMPLEXITY OF IMMIGRATION LAWS, BURDENS LAW ENFORCEMENT AGENCIES

Border Security and Immigration Enforcement Improvements Section 11. Parole, Asylum, and Removal It is the policy of the executive branch to end the abuse of parole and asylum provisions currently used to prevent the lawful removal of aliens (c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provision of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II) PROBLEM: NO DUE PROCESS

Border Security and Immigration Enforcement Improvements Section 11. Parole, Asylum, and Removal (d) The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA is exercised only on a case-by- case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole. PROBLEM: HUMANITARIAN RELEASE, NO RELEASE FOR ASYLUM SEEKERS WHO DO IT “the right way” Memo exempts asylum seekers who pass CFI, but also makes more difficult the CFI process. EX: Tamara Leal son, brain cancer kid, asylum seeker with marijuana possession

Enhancing Public Safety in the Interior of the United States Section 5: Enforcement Priorities: In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security shall prioritize removable aliens who: (a) have been convicted of any criminal offense; (b) Have been charged with any criminal offense, where such charge has not been resolved; (c) Have committed acts that constitute a chargeable criminal offense PROBLEM: EVERYONE IS A PRIORITY

Enhancing Public Safety in the Interior of the United States Section 6. Civil Fines and Penalties As soon as practicable, and by no later than one year after the date of this order, the Secretary shall issue guidance and promulgate regulations, where required by law, to ensure the assessment and collection of all fines and penalties that the Secretary is authorized under the law to assess and collect fines from aliens unlawfully present in the United States and from those who facilitate their presence in the United States. PROBLEM: UNCLEAR MEANING

Enhancing Public Safety in the Interior of the United States Section 9: Sanctuary Jurisdictions (b) To better inform the public regarding the public safety threats associate with sanctuary jurisdictions, the Secretary shall utilize the Declined Detainer Outcome Report or its equivalent and, on a weekly basis, make public a comprehensive list of criminal actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens. PROBLEM: SOUND FAMILIAR? HITLER DID THIS

Sanctuary Cities SB4 Requires that cities or municipalities comply with ICE detainers or lose state grant funding Permits 287(g) agreements and local immigration enforcement County or municipality liability for damages resulting from a felony committed by a person if county or municipality ignores ICE detainer, or had probable cause the person was not a citizen and the person had a prior conviction of a class B misdemeanor or higher. Includes campus police departments PROBLEM: WARRANTLESS DETAINERS ARE UNCONSTITUTIONAL, COMPLEXITY OF IMMIGRATION LAWS, STUDENTS NOT SAFE, REDUCES PUBLIC SAFETY

What to advise RAIDS and RAID preparedness Require warrant KYR cards Family planning Cartas de poder Passport application Passwords, license plate, critical information What to carry at all times: 2 year proof Proof of status unless undocumented Memorize important phone numbers Report RAIDS: 1-844-END-1ICE (United We Dream)

What can we do? Give Money #StrongerTogether for Travis County Litigation ACLU, Equal Justice Center, American Immigration Council (AIC) Advocacy Grassroots Leadership, AIC, RAICES Direct Services Am. Gateways, RAICES, Casa Marianella, Bernardo Kohler Center, Catholic Charities Give Time American Gateways RAICES Casa Marianella Karnes trips with Lincoln Goldfinch Law TX Here to Stay – clinic Saturday 3/11 11-2

Planning for detention of a parent MEDICAL, EDUCATIONAL, AND OTHER POWER OF ATTORNEY / DESIGNATION OF MEDICAL, EDUCATIONAL, AND OTHER AGENT Should not be a "springing" POA valid upon incapacity, b/c there is a concern that incapacity does not include "removal" as defined in the statute, but rather the recommendation is to make it effective now, but not hand it to the Agent until needed (agent should know where it is in person's home if needed -- after all this person has to be someone trustworthy enough to take over without much notice).

Types of Immigrants CITIZENS NON-CITIZENS immigrants non-immigrants lawful permanent residents (LPRs) “greencard” Conditional residents refugees/asylees Diversity visa non-immigrants Visitors Students temporary workers Alphabet soup of visas undocumented

Guiding people through the immigration process so they can live and work without fear of deportation Thank You