Republicans are angered by the decision of the government to release hundreds of detainees from detention centers around the country to save money. In spite of the assurance of the Immigration and Customs Enforcement that those who were released are non-criminals and low-risk offenders, Republicans, like Rep. Robert W. Goodlatte, believe the administration is endangering American lives.

Further, even after the release of these detainees, the charges are still not dropped for these people. Although there may be no other detainees who will be released this week, immigration officials are giving a heads up on more possible releases depending on how budget negotiations would turn out in the coming days.

Source: The New York Times

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CASE: Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Florence Immigration Court AZ

Our office was contacted in December of 2012 regarding one Chinese person who was detained in Florence, Arizona. He tried to enter the United States without valid documents and was incarcerated by immigration officers.

Prior to retention, the Immigration and Customs Enforcement set a bond amount of $15,000.  Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence Immigration Court in Arizona.  Our office communicated with him and his U.S. resident relative in New York, and gathered as much information regarding his relief, equities, criminal record, family ties, and financial ability to post bond.  We also gathered supporting documents from our client’s relatives, from proof of their status and residence, to bank statements and tax returns.

On January 11, 2013, we represented our client at his Florence Arizona Immigration Court bond re-determination hearing.  During the bond re-determination hearing, we explained to the Court that our client already passed his credible fear interview, was not a flight risk, had established his residence upon release, had established his financial ability to post bond, and that he had ample family ties in the United States who submitted proof of his residence and immigration status.  Moreover, our office explained that his lack of criminal record, designated address with contact information from his relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that the bond should be reduced.  At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond amount to only $6000.

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Drivers License

The Deferred Action for Childhood Arrivals program (DACA) allows for work permits to certain undocumented immigrants who apply for such, and who meet seven criteria:

• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching their 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Were physically present in the United States on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
• Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Beneficiaries of DACA who apply for employment authorization will them in the form of an employment authorization card.

Employment authorization cards issued during the pendency of other ongoing immigration application (green card, asylum) historically allowed beneficiaries to obtain social security numbers and driver’s licenses. You simply present this card to the social security office or BMV, and you can obtain a social security number and driver’s license respectively.

But states have been split in granting driver’s licenses to beneficiaries of DACA. The governors of Nebraska and Arizona stated the past week that their states will deny driver’s license benefits to DACA beneficiaries.

MSNBC reported that California though has approved a bill allowing DACA beneficiaries to obtain driver’s licenses. The bill passed the state assembly, 55-15, on August 30, before getting sent to Democratic Governor Jerry Brown. The bill also passed the state Senate in 25-7 vote on August 29.

DACA beneficiaries and potential applicants should first check whether their states would allow them to get a driver’s license.

Republicans

Jason Riley in the Wall Street Journal wrote that Republicans in the GOP convention support a policy that encourages high-skill immigration over low-skill immigration. This should imply that programs such as the H-1B, National Interest Waiver, Alien of Extraordinary Ability, and Labor Certification would be favored over laws and executive orders such as the current Deferred Action Program, if they would support any area of immigration at all. But this also weakens their hold on the Latino vote. Over 50% of those benefiting from DACA are Latinos.

Detention

This New York Times editorial encourages Governor Jerry Brown of California to sign the Trust Act. The Trust Act is a recently passed California bill that prevents local police from turning their detention facilities into immigration holding cells for noncriminals or minor offenders whose sentences are finished or should otherwise be out on bail. The Act would require the police to let such people out, even if the Immigration and Customs Enforcement (ICE) issued requests that they be held until they can be picked up for deportation. The Act provides that only those who have been convicted of or charged with serious or violent felonies would continue to be detained an ICE’s request. On August 31, the Los Angeles City Council voted 11 to 0 for a resolution endorsing the bill. The bill’s rationale is to be in line with the Department of Homeland Security’s focus on deporting national-security threats, dangerous criminals, and repeat offenders.

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CASE: Bond Hearing With Immigration Judge. Detained Case.
NATIONALITY: Sri Lanka
WHERE DETAINED: York, Pennsylvania

This immigration release and bond redetermination approval was for a  Sri Lankan national who came to the U.S. on a B-2 visa a few years ago and overstayed. About 2 weeks ago, he was caught by immigration officers and was detained in York, Pennsylvania. A bond hearing was set for him with the Immigration Judge.

A week before his bond hearing, our office was retained. He was in a tough position because he did not have any relief from removal as of that point. He was not married, had no fear of returning to Sri Lanka good enough for asylum (plus the fact that he’s been in the U.S. for over a year). He mentioned he had a girlfriend who was a U.S. Citizen and they planned to get married. However, he’s in jail. Another factor the Immigration Courts look to is the presence of immediate family members in the United States. He did not have any. We explained to him the factors a Judge looks at in bond hearings – family members, availability of relief especially. We explained it is going to be tough but we’ll do our best.

We gathered as much evidence of his relationship with his girlfriend. One of his friends also submitted an affidavit of support to show his ability to pay a bond if one is issued. Despite the bond hearing date coming up and the fact that our office was only retained about 6 days before the bond hearing, we were able to submit all supporting documents to the Court a day before the bond hearing.

At the bond hearing, the Judge asked whether there was any relief as of this point. There was none but with the supporting documents we had, we argued that even if our client did not have relief, that upon release he will get married to his U.S. Citizen girlfriend. We argued that the relationship is bona fide based on the submitted supporting documents, a detailed letter and some pictures of the couple included. We argued that immediately after the marriage, his girlfriend would file an immigrant petition for him which upon approval would enable our client to file for adjustment of status (green card).

The Judge granted a release on bond and adjourned the hearing. The Judge also noted that after he gets released and goes back home to Chicago, we may file a Motion to Change Venue which he would grant.

Our client is now out of jail and back with his girlfriend in Chicago.

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