Tag Archives: dreamers

EXECUTIVE REFORMS: Expanded DACA Eligibility

21 Nov

Another significant development coming out of the Presidential reforms announced yesterday is the expansion of DACA beyond its original parameters established in 2012.  For descriptions of the original DACA requirements, please see here. 

The executive reforms announced yesterday make the following reforms to the DACA program:

  • The date of entry for DACA eligibility has been changed from June 15, 2007 to January 1, 2010.  Individuals who entered the U.S. prior to their 16th birthday and prior to January 1, 2010 can qualify for DACA under the revised guidelines.
  • The age cap has been eliminated.  Originally, DACA was limited to individuals under 31 years of age as of June 15, 2012.  The upper age limit has been eliminated and those who entered the U.S. before January 1, 2010 and were under the age of 16 will qualify regardless of their current age.
  • DACA work authorization will now be valid for three years as opposed to two.

These reforms will be implemented within 90 days. The other DACA requirements remain unchanged.

Over the coming weeks, Benach Ragland will hold reduced fee consultations for those who think they may qualify under this program.  We will also be holding free information sessions at community centers in the greater Washington metropolitan area.  For the latest information, please like us on Facebook and follow us on Twitter @BenachRagland.  To schedule a reduced fee consultation, please call 202-644-8600 or email msanchez@benachragland.com.

 

 

 

DACA Renewals Begin!

5 Jun

 

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On June 5, 2014, the renewal process for the Deferred Action for Childhood Arrivals starts for more than half-million DREAMERs who are already enrolled in the program. DREAMERs or DACA beneficiaries will continue to benefit from renewing driver’s licenses, working, and obtaining in-state tuition in at least 16 states.

To renew DACA, applicants must complete the recently released dual-use Form I-821D for initial and renewal DACA applications. Additionally, forms I-765, Application for Employment Authorization, and I-765 Worksheet must be submitted, along with a $465 filing fee check or money order.

Renewal applicants are only required to submit new documents pertaining to criminal or removal proceedings history that have not already been submitted to USCIS.  Renewal applicants do not have to demonstrate initial eligibility all over again and must only provide updated information where information has changed.

Initial applications remain available for new applicants who meet all of the following requirements listed on the June 15, 2012 Napolitano memorandum:
• Entered the United States under the age of 16;
• Have continuously resided in the United States for at least five years preceding June 15, 2012;
• Were present in the U.S. on June 15, 2012;
• Were not in lawful status on June 15, 2012;
• Were under the age of 31 as of June 15, 2012;
• Are currently in school, has graduated from high school, have obtained a GED, or are an honorably discharged veteran of the U.S. Coast Guard or Armed Forces; and
• Have not been convicted of a felony, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to the national security of public safety.

To avoid a lapse in employment, DACA renewal applications should be submitted 120-150 days prior to their DACA expiration date.

Should you have any questions, please do not hesitate to contact us.

Cancellation Victory (well, sort of)

22 Apr

A couple of months ago, I got to enjoy my fifteen minutes of fame when my client became the poster child for problems caused for immigrants in immigration court by the government shutdown.  I wrote a blog piece, wrote another for the American Immigration Lawyer’s Association and, next thing I know, I am speaking to Robert Siegel of NPR’s All Things Considered and people I have not heard from in decades called me to say they heard me on the radio.  But, eventually, my fame wore off and I still had to fix this young woman’s situation.

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As way of background, my client, a 21 year old college junior who has been here since she was four years old, applied for cancellation of removal from the Immigration Judge.  Cancellation is available to an individual who has been unlawfully present in the U.S. for at least ten years, possesses good moral character and whose removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child.  Congress has decided that only 4000 cancellation cases should be granted every year.  For many years, the 4000 quota was enough for the entire country.  However, as the Obama administration put many more people into removal proceedings, more people applied.  And guess what?  Given a day in court, more people were able to convince judges that they were good people with longstanding ties to the U.S. and deporting them would cause their families tremendous hardship.  By December 2012, the Office of the Chief Immigration Judge announced that they had run out of cancellation visas for the entire fiscal year, which had started barely two months earlier.  My client had a hearing in December 2012, in which she was informed by the Judge that there were no more cancellation grants available and the case would need to be continued.  The case was reset until October 2013.  The irony at that time was that she had originally been scheduled in October 2012, when cancellation numbers were available, but had to be rescheduled when the court was shut down due to flooding in lower Manhattan as a result of Hurricane Sandy.10155981_741506099222830_2694746367904436600_n

Fast forward to October 2013 and the government shutdown cancels her latest hearing.  The New York, upon reopening, quickly sent out a hearing notice for March 30.  However, on March 28, the court called me to inform me that the case would need to be rescheduled because the judge had been selected for jury duty!  We were rescheduled for April 18 at 2:00 PM, a date that greatly concerned me as it was Good Friday.  Sure enough, the court called the day before and asked us to come in earlier, which we happily did.  At the hearing, the government informed the court that it agreed with our request to grant our client cancellation of removal.  It took all of fifteen minutes.  The Judge was glad to do so, but explained that there are no cancellation numbers and that my client would be placed in the queue based upon the date and time of her case and would be notified when a number became available to her.  The case could not be “granted” until then.  So, my client, while relieved that she will ultimately be granted, remains in a precarious limbo by another absurd anomaly of our immigration laws- that only 4000 of these may be granted in a given year.  Who knows where Congress got that number?

Here's where Congress got the 4000 number!

Here’s where Congress got the 4000 number!

My client is just one of millions of people left in a state of limbo by Congress’ inability to address the crisis of immigration law.  In this case, my client has DACA and I probably could have gotten the removal case dismissed.  The government stipulated to relief, meaning she would get her green card.  It is hard to say that, in this one case, the problem is the administration.  Like all other arbitrary caps and quotas, such as the H-1B cap, the former cap on asylee adjustment, and caps on immigrant visas, Congress needs to act.

Why has my case been transferred to California?

4 Mar

California

Recently, the Citizenship & Immigration Service sent out thousands of notices to people with applications pending notifying them that their application has been transferred to the California Service Center.   Many DACA applicants with applications pending in the Vermont Service Center received this notice as did many individuals with applications for adjustment of status.  Clients often called, panic-stricken, and ask “what does it mean??”

Quite simply, it means that there was an imbalance in the workload between the two Service Centers.  There were too many applications for the adjudicators in Vermont and too many adjudicators in California with time on their hands.  So, CIS shifted some applications from Vermont to the less busy California Service Center.  That’s it.  Workload allocation and management.  Nothing sinister or foreboding.  CIS periodically makes such adjustments between Service Centers and always causes some anxiety on behalf of applicants.  It only means that the transferred case has a better chance of being resolved more quickly than it did if it sat idle in an overburdened office.

So, relax.  It’s California, after all.

BR Eats Tacos and Thinks About Immigration

26 Feb

el sol

I had the best tacos I have ever had this weekend in Harrisonburg, Virginia.  The whole Benach Ragland attorney gang headed out to the country to meet in the quiet of the mountains.  And, of course, in the middle of rural America, we found tacos.  Delicious tacos.

I used to work with a colleague who used to discuss the virtues of America’s unique immigrant history by pointing out the benefits to American cuisine.  “Have you ever tried to get good Mexican food in Rome?” he would bellow.  And it was true.  In many cities in the U.S., you could go a month and not eat the same cuisine twice.  Many of us, especially those of us who live in coastal American cities, believe that this is the sole domain of the urban dweller.  However, the modern American reality is that immigrants are everywhere in America and bringing their cuisine and their vitality with them, restoring fading American towns.

Harrisonburg is in the middle of Virginia’s Shenandoah Valley.  The valley is a rural swath of land wedged between the Blue Ridge Mountains to the East and the Appalachian mountains to the West known for its fertile soil and large agricultural output.  The Shenandoah Valley has been a quiet place since it was a center of attention during the U.S. Civil War, when multiple armies chased each other and clashed over its rolling farmland.  The destruction of Virginia farmland caused by the intense campaigning was one consideration that persuaded Robert E. Lee to invade the North in 1862 before he was check by the Army of the Potomac at Antietam Creek.  Since the last troops pulled out of the valley in 1865, it has returned to peace and quiet.

It is still heavily agricultural.  A large chicken processing plant is in Harrisonburg.  The plant has attracted thousands of undocumented workers who have had to do the gruesome work of turning birds into poultry.  These immigrants have done the dirty work of America’s need for cheap food for decades.  Their children, often American citizens, are now finding their own success in America in ways that don’t involve plucking chickens.  The sacrifice of the parents and their own stunted dreams bear fruit in the lives of the children.

What does this have to do with tacos??  Well, the children of one of these poultry factory workers have opened El Sol, a tiny little taqueria in Harrisonburg.  The menu is small.  They make tacos, quesadillas, and some fine Mexican stew.  But by keeping their menu small, they have adopted a leading principle of business- do one thing better than all others and you will be rewarded.  And, boy, do they.  El Sol’s tacos are the freshest and tastiest we have ever had.  Each of the tacos ($1.25 each!) is simple, as they are in Mexico.  A piping hot fresh corn tortilla filled with pork, steak or beans and cheese.  And, yes, they presumably have local chicken!  The fillings of shredded pork or chicharrones, fried pork skin, are delicious and topped with fresh cilantro and onions.  A Mexican coke washes it down nicely.  My partners also really enjoyed the carne asada, but I was too busy with the pork to notice.

The delightful Isabel Castillo works the front room, bringing hot plates of tacos to the Mexican families who pour in for a taste of home.  Her brother, Luis, does the cooking.  El Sol is a delightful, sunny café that brightens a street that would otherwise be a dreary monument to the better yesterday of Harrisonburg.

Immigration Reform Follies!

19 Feb

The past few days have revealed tremendous silliness in the immigration reform debate.  It is a true pity given the serious stakes involved for everyone persecuted by the U.S.’ brutal immigration laws.

Just today, we saw prominent immigrant rights groups’ applauding the honesty of ICE bureaucrat representative, Chris Crane because he stated in some forum or another:

For this pearl, Mr. Crane has been lauded by all sorts of ostensibly pro-immigrant types as a whistleblower.  After all, here is an ICE agent stating that ICE only cares about hitting its numerical targets for removal.  ICE has recently come under some well-deserved heat for conducting data-mining and all sorts of definition-expanding permutations to ramp up the removal of criminals.  It would seem that Mr. Crane is stating that ICE is going after low hanging fruit and not the dangerous criminals, who we all can agree, at least in theory, deserve removal.  At last, someone within ICE points out that the emperor has no clothes.  Right?

Well, only if you pay no attention to everything else Chris Crane has ever said.  Based upon his testimony, Mr. Crane believes that ICE is not being allowed to do its job of keeping the community safe because the ICE political leadership has instructed ICE officers to focus their removal efforts on those convicted of crimes or repeated immigration law violators.  Apparently, Mr. Crane believes that community safety would be enhanced if ICE agents were permitted to make arrests when they are “on duty in a public place and witness a violation of immigration law.”  If only ICE agents were empowered to make arrests in such circumstances, public safety would be enhanced.  This makes us wonder: what does it look like when a student falls out of status due to failure to maintain appropriate credits, or what does it look like when a tourist visa expires, or what does it look like when an undocumented person clear your plate, does it look that much different than when a documented individual re-fills your water?  If ICE agents were empowered to make arrests because of these and other “immigration violations” they witness, the U.S. would look a lot more like those totalitarian regimes where the only law is the presence of a gun and handcuffs.  No thanks.  Yes, ICE is doing everything can to pump up their removal numbers, but if Mr. Crane and his allies had their way, that number would be way higher than 400,000 and community safety would not be enhanced.  Recall that Chris Crane is the plaintiff in a lawsuit, where he is represented by uber litigation-loser Kris Kobach, where he alleges that DACA is illegal because it means he can not arrest and remove every undocumented youth he comes across.  Nonetheless, members of the non-profit industrial complex for immigration reform have embraced Crane’s quote, displaying an alarming lack of awareness of what Crane is actually saying.

This followed this weekend’s adolescent drama that occurred when the President’s plan for immigration reform was leaked to USA Today.  Immediately Marco Rubio and other Republicans groused that the President never spoke to them and that there were significant divides between the President and the GOP in Congress.  John McCain insisted that the President, by talking about immigration reform was trying to derail it.  And Newt Gingrich (why do we still have to listen to this pompous blowhard?) went on TV and blurted out the partisan truth that the Congressional GOP would not pass anything that had Obama’s name on it and the President had to call Senators McCain, Graham, and Rubio (Senator Flake was unavailable) and tell them “don’t worry, baby, I love you and your plan.”

The President’s proposal is very intriguing.  We will discuss it in detail in the next couple of days, but it goes to territory where none of the other plans go: shrinking the definition of “aggravated felony,” allowing for immigration recognition of expungements and other ameliorative statutes, and restoring suspension of deportation.  For those of us who care about due process in the immigration courts and greater flexibility in removal statutes who thought that immigration reform would be all about E-Verify, border fences, legalization at the back of the line and a guest worker program, the introduction of due process concepts into the debate is welcome.  The very real humanitarian considerations represented in the President’s plan should not be overshadowed by high school cafeteria antics

 

The Whine of the ICE Bureaucrats

3 Feb

agents-overview

It has been a tough week for the ICE bureaucrats who have sought to undermine the political leadership of this country to pursue their own restrictivist and nativist agenda.  Regular readers of this blog (my wife and my mother), will know that we have sought to document the efforts of bureaucrats within ICE to stymie intelligent immigration enforcement through insubordination, lawsuits, leaks, and more generic tactics like refusal to complete trainings and sick-outs.  But, like their pals Kris Kobach, Steve King, Jeff Sessions, and Joe Arpaio, time has passed them by and they continue their ignominious descent into laughable irrelevance.

Last week, we saw politicians competing to put forward the most comprehensive immigration reform.  The President outlined a plan.  We saw Republicans and Democrats, who could not agree on anything for close to four years, all agree that immigration reform is needed and that a path to citizenship is an essential to that effort.  We learned that the even the House has a bipartisan working group planning to develop its own immigration legislation.  Simultaneously, a federal judge in Dallas, Texas dealt a near fatal blow to the ICE agents lawsuit, where they alleged potential injury if they refused to follow the DHS secretary’s directives regarding DACA.  While the Judge did not entirely dismiss the lawsuit, FOBR Ben Winograd at the Immigration Policy Center described the lawsuit as” hanging by a thread.”  Bad week to be on the losing side of history.

Increasing the hope that immigration reform will finally happen in 2013 is the largely unanimous support of reform by the country’s major labor organizations.  The AFL-CIO and the SEIU, the country’s two largest union organizations, are major supporters of immigration reform.  But just when you thought that the unions had finally come together with the business community, there is one union that wants you to know that they are not on board.  Guess who?  The American Federation of Government Employees National ICE Council issued a press release to declare that the AFL-CIO does not speak for the ICE union.  The union wrote: “Respectfully, we see a lot of problems with the recently proposed reforms and we plan to exercise our rights as American’s to participate in the democratic process and voice those concerns publicly in the upcoming months; we hope to do so without groups like the AFL-CIO demonizing us for expressing a different opinion.”

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With all due respect, the position of the ICE agents union is crystal clear.  They so believe in an anti-immigrant policy where their actions are not subjected to meaningful review that their views are meaningless in an effort to reform the immigration law in a way to break their power.  The ICE bureaucrats are afraid of being demonized for participating in the democratic process.  Well, welcome to the arena, folks.  You can’t continue to say outlandish and self-interested garbage and not be called out on it.  The bureaucrats have always had a weak grip on the basics of democracy.  While begging to be treated with kid gloves, the ICE bureaucrats union has staged a vote of no confidence in ICE’s political leadership, sued the Department to stop DACA, and has encouraged its members not to follow the direction of their management.  In the military and any other law enforcement agency, that is known as insubordination and can result in dismissal or, in the case of the military, the brig.  But ICE bureaucrats ask not to “be demonized.”

If the ICE bureaucrats do not want to be demonized, they should stop resisting efforts to create intelligent immigration policy and participate in implementing immigration law, both today’s and tomorrow’s in a more humane and useful way.

Immigration Reform 2013: The President’s Plan

1 Feb

What a week it has been.  There has been more positive discussion of immigration reform in the last week than in the past decade and while none of it is perfect, it is a huge improvement over Mitt Romney endorsing self-deportation and SB 1070.  Hard to believe that that was just six months ago.  In the past week, there has been two major comprehensive overhaul plans, word of a third, and the introduction of independent bills that would make discrete but needed improvements to the system.  We will lay out the basics on all these developments in the next few posts.  And we’ll start with the President, not just because he is President, but because it is the better plan.

The President’s Plan focuses on four major areas of reform: (1) continuing to strengthen border security; (2) cracking down on employers hiring undocumented workers; (3) earned citizenship; and (4) streamlining legal immigration.

Border Security

The President’s plan will continue the militarization of the border.  The President’s plan talks a lot about working with local communities and foregoing governments to combat transnational crime.  It goes without saying that by creating a legal and efficient immigration system, immigration reform will allow the Border Patrol to focus on the criminal gangs operating in the border region.  We have said it before and will say it again: the lack of a reasonable immigration policy is the biggest reason for illegal immigration.

Adam Serwer reports on immigration and he wrote: “[T]he fact is that enforcement can only do so much to deter illegal immigration, because those seeking a better life will brave ever more dangerous obstacles to get here. What’s needed is an immigration system that allows enough people in to work so that people think they have a decent enough chance to get here that risking their life to do so isn’t worth it.” The President’s plan seems to get this even as it talks about more Border Patrol resources.  We will not spend a lot of time discussing the technology and resources being thrown at the border.  The border is more secure than ever and the immigration enforcement agencies have a budget in excess of $18 billion, yet everyone wants to throw more money at it.  As immigration and immigrant rights and not the budget are our focus, we will leave these matters to the budget hawks.

Cracking down on employers hiring undocumented workers

The President came into office promising to end the Postville-style raids that rounded up hundreds of immigrants who were doing nothing more than working.  He has largely stuck to that promise and has devoted his employer verification efforts to identifying employers who are violating documentation requirements.  For example, a couple of years ago, there was a lot of news about ICE actions against Chipotle for hiring undocumented workers.  While the ICE action resulted in many immigrants losing their jobs, they were not put through an expedited criminal-deportation program as occurred in Postville.  We have heard of very few cases of individuals placed into removal proceedings for being on Chipotle’s payroll.

The President’s plan will include phased-in nationwide use of E-Verify.  E-Verify is the online verification system to let employers know if documents presented for employment authorization are bona fide.  It is already required by several states and required of employers with federal contracts.  E-Verify is coming nationwide and seems to be one of the prices paid for immigration reform.

Earned citizenship

It is the earned citizenship portion that we are most interested.  The President’s program will require undocumented individuals to come forward and register.  Applicants would have to undergo biometrics and a background check and “pay fees and fines” to receive temporary status.  This temporary status seems little more than a work permit and the security of knowing that you will not be removed.  DACA is a good indicator of what this might look like.  Then, once the line has been cleared, individuals would be able to seek residence.  It is unclear whether they will have a new means of seeking residence or whether they must use the extent process.  We have written before of the fallacy of the line and how tying meaningful change to “clearing” the line makes no sense.  “Going back to the end of the line” has become a political phrase, divorced from any meaning or reality and no one really believes that people will have to wait 25 years for the Filipino fourth preference to clear before people starting seeking residence.  Applicants for residence will be required to “pay their taxes, pass additional criminal background and national security check, register for Selective Service (for men between 18-26), pay additional fees and penalties and learn English and U.S. civics.”  It appears that the President’s program would create a new means to apply for residence rather than requiring immigrants to go through the current broken system.

The bill does exempt DREAMers and certain agricultural workers from the back of the line requirement.  The President’s plan seems to indicate that DREAMers would, well, get the DREAM Act, which would allow them to obtain residency through a new system. The President’s plan calls for strong administrative and judicial review procedures of legalization decisions.

Streamlining Legal Immigration

The President also addresses future flows.  The plan states that it will increase the numbers of family based visas and allow the State Department to “recapture” unused visas.  In addition, employment-based visas would be more plentiful in an effort to alleviate the backlog in the employment based categories.   This has the potential to be a tremendous improvement as the backlogs are caused by the simple economic principle that demand exceeds supply for immigrant visas.  The problem is exacerbated by the fact that unused visas are “lost” at the end of the year.  So, there are currently too few visas and the government is failing to distribute all of them.  The question is whether the President’s program would create sufficient visas and efficiencies to meaningfully address the backlog.

The President’s plan promises “to staple green cards to the advanced degree diplomas of STEM graduates” who are going to work in their field in the U.S.  STEM refers to graduates in science, technology, engineering and mathematics.  This is a terrific idea that has very widespread support.  It is widely acknowledged that the U.S. needs to do a better job of providing a fast track to residence for STEM graduates.  As conservative columnist David Brooks wrote in today’s New York Times: “Because immigration is so attractive, most nations are competing to win the global talent race. Over the past 10 years, 60 percent of nations have moved to increase or maintain their immigrant intakes, especially for high-skilled immigrants.  The United States is losing this competition. We think of ourselves as an immigrant nation, but the share of our population that is foreign-born is now roughly on par with Germany and France and far below the successful immigrant nations Canada and Australia. Furthermore, our immigrants are much less skilled than the ones Canada and Australia let in. As a result, the number of high-tech immigrant start-ups has stagnated, according to the Kauffman Foundation, which studies entrepreneurship.”

The President also proposes a vibrant “start-up visa” to provide residence to foreign nationals who start businesses and create jobs in the U.S. and would expand the immigrant investor visa classification.  It would also create a new visa for employees of federal national security science and technology laboratories.

Other important parts

  • The President’s program recognizes that the immigration court system is underfunded and hopelessly backlogged.  The plan discusses additional funding for the immigration court system.  Additional funding for additional judges and support personnel could go a long way to easing procedural hurdles and pressures that often result in quick orders of removal.
  • The President’s program states “The proposal streamlines immigration law to better protect vulnerable immigrants, including those who are victims of crime and domestic violence.  It also better protects those fleeing persecution by eliminating the existing limitations that prevent qualified individuals from applying for asylum.”
  • Finally, the President’s plan also makes clear that the same-sex partners and spouses of American citizens and permanent residents will be treated equally under immigration law.

Comments

We think, overall, that the President’s program is very good.  There are reasons that we are reluctant to pronounce it as “excellent.”  We would like to see a greater commitment to restoring due process to the immigration courts, restoring discretion to immigration judges, and an effort to re-balance the grotesque overreaction that has allowed so many permanent residents with minor and ancient crimes to be locked up and deported without any chance to explain to a judge that they should be allowed to remain.  We would like the plan to abandon the meaningless “back of the line” language.  We would prefer more full-throated defense of asylum and the need to keep families together.

However, there is much to like in the President’s program.  The inclusion of GLBT families into immigration reform is a big deal and we applaud it.  In addition, we like the increase in visa numbers, which might render the “back of the line” garbage moot.  And we like that the President has made a path to earned citizenship an essential part of his plan.  Too many of us have been afraid that we would get an enforcement heavy bill that does little to benefit immigrants.  We do not see a lot of new enforcement here and we see several benefits.

Next post, we will address the Senate’s “Gang of Eight” plan and the reasons we feel that the President’s program is better.

Someone(s) at ICE Needs to Be Fired

11 Jan

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Those of us on the East Coast woke up this morning to the news that Maria Arreola and her son Heriberto Arreola were arrested in their home Thursday night by Immigration & Customs enforcement in Phoenix, Arizona.  Another day in immigration, where ICE enters people home’s homes and removes individuals who have done little more than entered into or remained in the country without permission.  Yep, this was a normal case except that Maria is Erika Andiola’s mother and Heriberto is her brother.  And Erika is one of the most, to paraphrase Junot Diaz, activistingest activists of activism on immigrant rights and reform and by the time ICE officials in Washington had their morning coffee, their inboxes were full of email, the phones full of messages and their press representatives scrambling to figure out what happened in Arizona.  Why is it always Arizona?

Well, it did not take long for the ICE brass to realize something was dreadfully wrong.  After all, the Director of ICE states that ICE has priorities and those priorities were securing the homeland, protecting the national security, keeping our communities secure, and maintain the integrity of the immigration system.   Memos have been written!  Trainings have been held!  Testimony has been given!  ICE is going to focus on the worst of the worst.  ICE is going to engage in smarter law enforcement and target those who threaten our national security and our public safety.  Fifty something women who entered illegally and never left and their teenage son are not considered priorities!

So, what happened in Phoenix?  Was this the action of local ICE agents who were just going about business as usual?  Was this the action of local ICE agents who had an axe to grind against Erika Andiola?  Did they even know that Maria was Erika’s mother?  If they knew, did they clear this with headquarters?  Did they consult the guidance on enforcement priorities before acting?

Evidence seems to point to another circumstance where ICE agents in a district far away from Washington went about their business without regard to the multiple expressions of policy from headquarters.   As readers of this page know, much of the ICE bureaucracy has been in open rebellion against the political leadership since the President took office and his ICE Director assumed controlIn addition, by mid morning, ICE had reversed itself.  An ICE spokeswoman stated: “One of two individuals detained by ICE in Phoenix, AZ has been released. The other individual will be released imminently. Although one individual had been previously removed from the country, an initial review of these cases revealed that certain factors outlined in ICE’s prosecutorial discretion policy appear to be present and merit an exercise of discretion. A fuller review of the cases is currently on-going. ICE exercises prosecutorial discretion on a case-by-case basis, considering the totality of the circumstances in an individual case.”  Maria was on a bus heading to Mexico when she learned of the stay of removal.  Looks like Phoenix ICE was trying to get her out as fast as possible before Washington could react.

I really hope that there was a lot of anger at ICE headquarters when they learned of the actions.  I hope that phones were slammed down and much screaming occurred.  I hope that people within ICE headquarters said “This is it!  This is the last straw.  Heads are going to roll!”  By now, it should be perfectly clear to the ICE political leadership that they are dealing with a rogue agency of bureaucrats who are in open contempt of the policy decisions of their bosses.  Moreover, the ICE bureaucrats do not have the courage to quit their positions and make a political stand.  They sabotage from the inside.  This is known as contempt and insubordination and it can no longer be tolerated.  ICE Director John Morton should demand the resignations of the Phoenix Field Office Director and anyone else who participated in this tragicomedy.  And if he can not do this, the President is the one who should be demanding Morton’s resignation.

Howdy, Trey Gowdy!

20 Dec

220px-Trey_Gowdy,_Official_Portrait,_112th_Congress

 

Congressman Trey Gowdy (R-SC) was named the Chairman of the House Subcommittee on Immigration and Border Security, a committee that will presumably have a lead role in developing any new immigration law in the coming Congress.   Incoming House Judiciary Committee Chairman Bob Goodlatte (R-VA) announced today that Rep Gowdy would be chair in the new Congress and stated “Rep. Gowdy will play a leading role on immigration reform which is a top priority of the House Judiciary Committee in the new Congress.”

Congressman Gowdy will take over for Congressman Elton Gallegly, who ran the Subcommittee in the last Congress.  Gallegly received an A- from the restrictionist NumbersUSA for support of anti-immigrant measures over the last three years, as did Gowdy.  Goodlatte, the Judiciary Chair, received an A+!  Congratulations, Bobby, now we know why you get the big chair!  Anyway, who is Mr. Gowdy and what does he have to say about immigration?  Unfortunately, it does not look good.

Let’s discuss the good stuff.  Trey Gowdy is married to a former Ms. Spartanburg and a second place runner-up to Ms. South Carolina.

Now, for the less pleasant stuff.  Trey Gowdy was elected in the Tea Party election of 2010.  A former prosecutor, Congressman Gowdy has no particular expertise in immigration law or policy.  Rep. Gowdy signed onto the “Prohibiting Backdoor Amnesty Act,” a rearguard action by immigration opponents to stop the President from implementing DACA.  The Congressman has been vocal in spreading the lie that the Obama administration has been lax in enforcing the nation’s immigration laws and aggressive in denouncing the Justice Department’s lawsuits against Arizona and other states that have enacted punitive anti-immigrant legislation.

If there is any good news, it is that many prominent anti-immigrant voices believe that the Speaker intends to bypass the Committee and Subcommittee in writing immigration legislation.  Mark Krikorian, of the reasonable-sounding-but-not-very-reasonable Center for Immigration Studies wrote in the National Review that conservatives have little confidence in Speaker Boehner to hold true to anti-immigrant principles, but are hopeful that the Speaker’s power will be diminished after the fiscal cliff negotiations: “But whoever writes the bill, it would seem that the bigger the crap sandwich Republican members have to swallow as the result of any fiscal-cliff deal, the less flexibility Boehner will likely have to force them to go along with his amnesty plans.”

Crap sandwiches, Ms. Spartanburg and Mr. Good Latte!  Merry Christmas from Washington DC.

PS- Nice tie.