the immigrant’s journal · alien visa holder. when should i apply? ... the nypd."l...

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26 Court Street, Suite 701, Brooklyn, NY 11242 Tel: 718-243-9431 Fax: 718-222-3153 Email: immjournal @aol.com Protecting God’s Children From Distant Lands www.ijlef.org Vol.94 FREE The Immigrant’s Journal Our leaders who stood for Unity & Justice In the Days of Deportation, All Immigrants Are Targets BY MELISSA CRUZ The American Dream: Small Business Boot Camp ...see page 6 continued on page 5 Top Terrible Things about Trump’s Budget... see page 7 Who Will and Won’t Be Impacted by the Travel Ban after the Supreme Court Decision ... see page 3 How to Get a Tax ID ... see page 2 DCA Files Charges for Deceptive ID4ICE Card ... see page 2 What to Do If You’re Stopped by ICE Agents... see page 3 continued on page 4 continued on page 6 Acting Brooklyn DA’s Policy Regarding Handling of Cases against Non-citizen Defendants Trump Calls on Congress to Pass Bills Aimed at Undocumented Immigrants Brian Figeroux, Esq. Scared? Nervous about President Trump’s Immigration Plans? CALL NOW FOR A FREE CONSULTATION: Call 718-243-9431. S ince the Trump administration announced its crackdown on undocumented immigrants, stories of individuals abruptly deported have pervaded the news. The accounts of long- time residents who have built families, homes, and businesses only to be deport- ed after years in the United States may seem like outliers, but in fact are now becoming the new normal. Such accounts are found in Slate’s Days of Deportation, which documents 60 days’ worth of immigration arrests in the Trump era. Slate’s portfolio of immigra- A cting Brooklyn District Attorney Eric Gonzalez imple- mented a new policy aimed at minimizing collateral immigration con- sequences of criminal convictions, par- ticularly for misdemeanor and other low-level offenses. The Brooklyn District Attorney’s Office has hired two immigration attorneys to train all staff on immigration issues and to advise prosecutors when making plea offers and sentencing recommendations on cases of non-citizen defendants in an effort to avoid disproportionate collat- eral consequences, such as deportation, while maintaining public safety. Gonzalez said, “I am committed to Eric Gonzalez Acting Brooklyn DA P resident Trump hosted the families of victims of crimes committed by undocumented immigrants at the White House recntly as part of an effort to put pressure on Republicans in the House to pass legislation targeting so- called sanctuary cities. “You lost the people that you love because our government refused to enforce our nation’s immigration laws and that’s including the existing immi- gration laws,” Trump told the family members who had joined him in the Cabinet room. “For years the pundits, journalists, politicians in Washington refused to hear your voices, but on Election Day 2016, your voices were heard all across the entire world. No one died in vain, I can tell you that.” The two pieces of legislation are com-

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26 Court Street, Suite 701, Brooklyn, NY 11242 Tel: 718-243-9431 Fax: 718-222-3153 Email: immjournal @aol.com

Protecting God’s Children From Distant Lands www.ijlef.org Vol.94FREE

The Immigrant’s JournalOur leaderswho stood forUnity & Justice

In the Days of Deportation,All Immigrants Are TargetsBY MELISSA CRUZ

The American Dream: Small Business Boot Camp ...see page 6

continued on page 5

Top Terrible Things aboutTrump’s Budget... see page 7

Who Will and Won’t Be Impactedby the Travel Ban after theSupreme Court Decision

... see page 3

How to Get a Tax ID ... see page 2

DCA Files Charges for DeceptiveID4ICE Card ... see page 2

What to Do If You’re Stopped byICE Agents... see page 3

continued on page 4

continued on page 6

Acting Brooklyn DA’s PolicyRegarding Handling ofCases against Non-citizenDefendants

Trump Calls on Congress to Pass BillsAimed at Undocumented Immigrants

Brian Figeroux, Esq.

Scared? Nervousabout President

Trump’sImmigration

Plans?CALL NOW FOR

A FREECONSULTATION:

Call 718-243-9431.

Since the Trump administrationannounced its crackdown onundocumented immigrants, stories

of individuals abruptly deported havepervaded the news. The accounts of long-time residents who have built families,homes, and businesses only to be deport-ed after years in the United States mayseem like outliers, but in fact are nowbecoming the new normal.Such accounts are found in Slate’s Days

of Deportation, which documents 60days’ worth of immigration arrests in theTrump era. Slate’s portfolio of immigra-

Acting Brooklyn DistrictAttorney Eric Gonzalez imple-mented a new policy aimed at

minimizing collateral immigration con-sequences of criminal convictions, par-ticularly for misdemeanor and otherlow-level offenses. The BrooklynDistrict Attorney’s Office has hired twoimmigration attorneys to train all staffon immigration issues and to adviseprosecutors when making plea offersand sentencing recommendations oncases of non-citizen defendants in aneffort to avoid disproportionate collat-eral consequences, such as deportation,while maintaining public safety.

Gonzalez said, “I am committed to

Eric GonzalezActing Brooklyn DA

President Trump hosted the familiesof victims of crimes committed byundocumented immigrants at the

White House recntly as part of an effortto put pressure on Republicans in theHouse to pass legislation targeting so-called sanctuary cities.

“You lost the people that you lovebecause our government refused toenforce our nation’s immigration lawsand that’s including the existing immi-gration laws,” Trump told the familymembers who had joined him in theCabinet room. “For years the pundits,

journalists, politicians in Washingtonrefused to hear your voices, but onElection Day 2016, your voices wereheard all across the entire world. No onedied in vain, I can tell you that.”

The two pieces of legislation are com-

NEWSBRIEFS 2

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

HELP US!Donate tothe IJLEF

Visitwww.ijlef.org

A Special Invitation

to all faith-basedleaders to empower their

congregation and membership

a 501(c)(3) approved not-for-profit

organization offering:FREE IMMIGRATION

SEMINARS/PRESENTATIONS &

CONSULTATION CARDS($100 VALUE) ON THE DAY OF THE PRESENTATION

Call 718-243-9431 to schedule a presentation

from the IJLEF, Inc.

Ask thelawyer onFacebookFigeroux &Associates

How to Get a Tax ID

An Individual TaxpayerIdentification Number (ITIN) isa tax processing number issued

by the Internal Revenue Service (IRS).The IRS issues ITINs to individuals whoare required to have a U.S. taxpayeridentification number but who do nothave, and are not eligible to obtain, aSocial Security Number (SSN) from theSocial Security Administration (SSA).

The IRS issues ITINs regardless ofimmigration status, because both resi-dent and nonresident aliens may have aU.S. filing or reporting requirementunder the Internal Revenue Code. Theydo not serve any purpose other than fed-eral tax reporting. An ITIN does notauthorize work in the U.S. or provide eli-gibility for Social Security benefits orthe Earned Income Tax Credit.

Do I need an ITIN?You must obtain an ITIN if:1. You do not have an SSN and are noteligible to obtain one. 2. You identify with one of the followingcategories:• Nonresident alien who is required tofile a U.S. tax return.• U.S. resident alien who is (based ondays present in the United States) filing aU.S. tax return.• Dependent or spouse of a U.S.

citizen/resident alien.• Dependent or spouse of a nonresidentalien visa holder.

When should I apply?You can apply for an ITIN any time dur-ing the year when you have a filing orreporting requirement. At a minimum,you should complete Form W-7 whenyou are ready to file your federal incometax return by the return’s prescribed duedate. If the tax return you attach to FormW-7 is filed after the return's due date,you may owe interest and/or penalties.

Checklist to Obtain ITIN1) Office Fee: $175 per year (tax prepa-ration)2) Free preparation of IRS Form W-7(Application for ITIN Number)3) Need a notarized copy of BiographicData Page of valid and unexpired pass-port (MUST be notarized by the appro-priate Consulate General)4) If last entry into the U.S. was on avalidly issued Visa, provide said Visaand last Date of Entry.

AppointmentCall The Immigrant’s Journal Legal &Educational Fund, Inc at 718-243-9431to schedule an appointment to apply foryour ITIN today.l

USCIS IntroducesRedesigned Formfor Green CardApplicants

U.S. Citizenship andImmigration Services todaypublished a revised

Application to Register PermanentResidence or Adjust Status (Form I-485). The new Form I-485 and instruc-tions have been substantially updated toreduce complexity after collectingcomments from the public and stake-holders.

The revised version gives applicantsbetter information to accurately com-plete Form I-485, including clear navi-gation to the parts of the form andinstructions that are relevant to theapplicants’ specific situations. Theseupdates should increase the efficiencyof the adjudication process by reducingerrors and requests for evidence.

Applicants living in the United Statesfile Form I-485 to adjust their immigra-tion status and become lawful perma-nent residents, which allows one to liveand work permanently in the UnitedStates. Adjusting status is a criticalstep for those seeking U.S. citizenship.

USCIS also revised the Form I-485Supplement A and Form I-485Supplement J (as well as each supple-ment’s instructions), to provide appli-cants with more detailed informationabout how to properly complete, file,and submit evidence if those supple-ments are applicable to their situation.

Beginning June 26, there will be a 60-day grace period during which USCISwill accept both the 01/17/17 and06/26/17 editions of Form I-485 andSupplement A and J. Beginning Aug.25, USCIS will only accept the revisedForm and Supplement A and J of FormI-485 and will no longer accept earlierversions of either form.

What’s New? USCIS improved FormI-485 to include:• Better flow and organization of ques-tions to make it user-friendly for boththe applicants and USCIS. In addition,readability has significantly improveddue to new spacing, columns, flow,white space, and formatting.• The questions about biographic infor-mation (Form G-325A) so applicantswill no longer need to file a separateform;• A list of 27 immigrant categories,which allows applicants to identify thespecific immigrant category underwhich they are applying; and• A comprehensive, updated list ofadmissibility-related questions. Theadded questions to ensure USCIS offi-cers have the necessary information tobetter assess the applicant’s admissibil-ity and eligibility.l

NEW YORK, NY—Departmentof Consumer Affairs (DCA)Commissioner Lorelei Salas

recently announced charges against ANew Beginning for Immigrants Rights,Inc. (NBIR) and its president, CarlosDavila, for engaging in deceptive andillegal practices to profit from immigrantconsumers. NBIR, a former nonprofitcorporation, and Mr. Davila have beenpreying on the desperation and fear ofimmigrants by falselyadvertising“ID4ICE” cards as a“National Identification Card” that pro-vides immigrants with protection againstdeportation and immunity fromImmigration and Customs Enforcement(ICE) agents.

In reality, these identification cards,which range from $50-$200, offer nosuch protections and serve only as ascam to collect hundreds of dollars fromvulnerable New Yorkers desperate tofind a legal way to stay in the UnitedStates. DCA’s charges, which will beheard at the City’s Office ofAdministrative Trials and Hearings(OATH), allege numerous violations andseeks more than $1.3 million in fines.

“These deceptive tactics not only placeimmigrant New Yorkers at extraordinaryrisk, but also violate the City’sConsumer Protection Law,” said DCACommissioner Lorelei Salas. “DCA iscommitted to preventing predatoryimmigration assistance providers from

taking advantage of vulnerable NewYorkers, and we will continue to investi-gate anyone who engages in these prac-tices. Immigrants should utilize theCity’s free and secure services to ensurethey are keeping themselves and theirfamilies safe.”

"It is unconscionable to sell a false billof goods to immigrant communities dur-ing a time of immense uncertainty andfear," said Nisha Agarwal, Commissionerof the Mayor's Office of ImmigrantAffairs. "These national IDs are fake, andthe City will do everything in its powerto hold fraudsters accountable. Any NewYorker without government-issued iden-tification should call 311 to make anappointment to get a free IDNYC card —official ID for entering City buildings,your child's school, and to interact withthe NYPD."l

Department of Consumer Affairs FilesCharges against Organization and itsPresident for Deceptive “ID4ICE” Card

CommissionerSalas

MOVING FORWARD

Volunteering at THE IMMIGRANT'S JOURNAL LEGAL &

EDUCATIONAL FUND, INC.

Internship positions available throughout the year.

The Immigrant's Journal Legal & EducationalFund, Inc. is an organization dedicated to theeducational and economic empowerment of allimmigrants and immigrant organizations herein the United States. We at the Journal recog-nize the enormous contribution of immigrantsto this country economically, socially and polit-ically. Since September 11, 2001, however,immigrants have increasingly been discriminat-ed against and Congress has passed legisla-tion curtailing the rights of immigrants here inthe U.S., broadly claiming that immigrants area threat to ''National Security.'' We at theJournal believe that these charges areunfounded, unsubstantiated and exaggerated.The Immigrant's Journal Volunteer InternProgram was introduced to give our volunteersthe opportunity to work in an immigrant friendlyenvironment while developing the necessaryskills for college or law school. They assist ourstaff in resolving immigration and other legalconcerns through personal interviews, radio,email and telephone contact. They also assistthe public with citizenship applications and inresearching whether or not children of natural-ized U.S. citizens have derived citizenshipfrom their parents. Some of our volunteersassist our legal staff by engaging in legalresearch and writing letters on other legalissues. Volunteer interns are also assignedvarious other jobs in our Youth Programs.Hours are flexible. Email your cover letter and resume or anyquestions to: [email protected]

Tel: 718-243-9431 Fax: 718-222-3153

PublisherI.Q. INC.

Managing Editor & Editor-in-ChiefPearl Phillip

Assistant EditorMarilyn Silverman

Graphic & Website DesignerPraim Samsoondar

ContributorsMelissa CruzAaron Reichlin-MelnickGregory Chen

[email protected]

Visitwww.ijlef.orgwww.figeroux.com

Executive DirectorDiandra Archibald

Public Relations Ruth McSween

Gloria Conttreras

Legal AdvisorBrian Figeroux, Esq.

3

TEAM

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

Stopped by ICE Agents: Know Your RightsIf you are stopped by police officers,

immigration agents or other publicauthorities, you have rights. It does

not matter if you entered the country bycrossing the border in Mexico, if you arean overstay, green card holder or citizen.As long as you are within the borders ofthe United States, you have rights. Knowthem. Use them.

The first step is to call your immigrationlaw and deportation defense attorneys atFigeroux & Associates. The Law Firmteam has represented clients across theUnited States and has a 24/7 emergencyline, 855-768-8845. It does not matterwhat day or time it is — pulled over orstopped by Immigration Authorities, callFigeroux & Associates today. Here’swhat to do if you’re stopped by ICEAgents:

1) No ICE officer should stop anybodybased on appearance alone; regardless ofyour ethnicity, the color of your skin, theway you dress or talk or the languageyou’re speaking. It’s the law.

2) If an immigration officer asks for proofthat you are a legal resident of the UnitedStates and wants to see some identifica-tion, you have the right to refuse to givethem your ID. You can also refuse toanswer any of their questions. Unless they

have a warrant, you have no obligation tointeract with them at all. You can ask,“Am I arrested?” If the answer is no, youdo not need to give them any informationregarding your legal status in the U.S.Showing them your ID is totally optional.3) If you are being interrogated do notgive false information, and do not givethem false documentation. You can becharged with identity theft if you showthem forged documents, or someoneelse’s documents, even if you have legalstatus. Remember that everything you sayor do can be used against you.

4) If immigration officials (ICE) begin toknock on your door, you have the rightnot to open the door. They only have theright to enter to your home if they have awarrant from a judge.

5) If you are arrested in an immigrationdetention center and you don’t want to

return to your home country, you have theright to request a meeting with an immi-gration officer.

6) Do not sign anything you don’t under-stand. You might be signing a voluntarydeportation order.

7) Some cases can be resolved with thehelp of an immigration attorney. Thelawyer can request for a court date tomeet with an immigration judge and helpsolve your case. You don’t have the rightto an attorney provided by the state, butyou do have the right to see your ownattorney. Call the Law Firm of Figeroux& Associates, at 855-768-8845.

8) Who should you call: Your familymember to contact an immigrationlawyer. When you enter an immigrationcenter, they will assign you an A#, whichis your alien number. Make sure you giveyour A# to the people you talk to on theoutside helping with your case. If youhave no one else to call you should callthe Law Firm of Figeroux & Associates at855-768-8845.l

THIS IS NOT LEGAL ADVICE. CONSULT AN ATTORNEY.

CALL 855-768-8845

Who Will and Won’t Be Impactedby the Travel Ban After theSupreme Court’s Decision

The Supreme Court has decided tohear the Travel Ban case when itsfall session begins in October

2017. In the meantime, the Court willallow the administration to implementparts of President Trump’s second execu-tive order (EO-2), which bans the entryof nationals of Iran, Libya, Somalia,Sudan, Syria, and Yemen from the UnitedStates for at least 90 days and suspendsthe admission of all refugees for 120days.

In a narrow decision, the Court ruledthat the government can only enforce thetravel ban against foreign nationals whodo not have “a credible claim of a bonafide relationship with a person or entityin the United States.”

What this means is that individualsfrom the six countries will be permittedto enter the United States if they have a“close familial relationship” with some-one already here or if they have a “for-mal, documented” relationship with anAmerican entity formed “in the ordinarycourse” of business. However, the Courtsaid that such relationships cannot beestablished for the purpose of avoiding

the travel ban. The government will like-ly begin applying the travel ban in thelimited fashion permitted by theSupreme Court on June 29, 2017.

Who is likely to be allowed to enter theUnited States?•Individuals who have valid immigrantor non-immigrant visas issued on orbefore June 26, 2017.These individuals are not included in thetravel ban.•Individuals with visas coming to live orvisit with family members.The Court’s order is clear that individu-als who “wish to enter the United Statesto live with or visit a family member”

have close familial relationships. TheCourt used both a spouse and a mother-in-law as examples of qualifying rela-tionships, but it is unclear whether moredistant relatives would qualify.•Students who have been admitted to aU.S. university, workers who haveaccepted offers of employment with U.S.companies, and lecturers invited toaddress an American audience.

The Court provided these three exam-ples of individuals who have credibleclaims of a bona fide relationship to anAmerican entity.•Other types of business travelers.It is unclear whether individuals withemployment-based visas that do notrequire a petitioning employer will beable to demonstrate the requisite relation-ship with a U.S. entity.•Refugees.Most refugees processed overseas havefamily or other connections to the UnitedStates including with refugee resettle-ment agencies. The Court ruled that suchindividuals may not be excluded even ifthe 50,000 cap on refugees has beenreached or exceeded.

BY AARON REICHLIN-MELNICK

continued on page 5

IMMIGRANT CONCERNS 4

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

GREEN CARD SLAVERY?Don’t put up with ABUSE anymore! Whether married or not, whetheryour spouse is a U.S. citizen or Green Card Holder, we can get a Green

Card for you and your children PLUS a divorce. Call 718-222-3155 now for a FREE consultation!

ENOUGH IS ENOUGH!

equal and fair justice for all Brooklynresidents — citizens, lawful residentsand undocumented immigrants alike.Now more than ever, we must ensure thata conviction, especially for a minoroffense, does not lead to unintended andsevere consequences like deportation,which can be unfair, tear families apartand destabilize our communities andbusinesses. In Brooklyn, we have beenproactive in protecting immigrants fromfraud and hate crimes and now, with theunprecedented hiring of immigrationattorneys and the implementation of thispolicy, we continue to lead on this impor-tant issue.”

“I want to emphasize that our Office isnot seeking to frustrate the federal gov-ernment’s function of protecting ourcountry by removing non-citizens whoseillegal acts have caused real harm andendangered others. Rather, our goal is toenhance public safety and fairness in thecriminal justice system and this policycomplements, but does not compromise,this goal. We will not stop prosecutingcrimes, but we are determined to see thatcase outcomes are proportionate to theoffense as well as fair and just for every-one.”

The Acting District Attorney (ADA)said that non-citizen defendants mayface harsh immigration penalties as a

IN TROUBLE WITH THE LAW?

PUT YOUR FUTURE IN OURHANDS. WE CAN HELP.

CALL NOW. 718-834-0190.Remember: The lawyer youhire, does make a difference!

Get legal advice from the law firm you cantrust: Figeroux & Associates. We handle:

nDUI (Driving Under the Influence)nCourt Order ViolationsnPossession of Drugs (with or without Intent to Distribute)nCrimes with Impact for Deportation with Non-CitizensnFraudnCrimes of Economics

Are you under investigation or accused

of a felony or misdemeanor?

result of criminal convictions, even forminor offenses. Lawful residents (greencard holders or students, workers, visi-tors, refugees and asylees with validvisas) can face deportation, detentionduring removal proceedings, bars to re-admittance into the country and negativeeffects on applications for permanentresidency or citizenship. A conviction forundocumented immigrants can makethem a priority for deportation enforce-ment or eliminate the possibility of thecancellation of removal proceedings thatmight be otherwise available based onlength of stay, marriage, extreme hard-ship and other factors.

According to federal law, four factorsprimarily affect how a convictionimpacts a defendant’s immigration con-sequences: 1. Nature of the crime. Certain offenses,like those involving a controlled sub-stance, domestic violence, firearms,crimes against a child and crimes ofmoral turpitude, are prioritized and canbe determinative on how a state offense

is treated for immigration purposes. Forinstance: some state misdemeanors, likepossession of marijuana and petit larce-ny, are considered felonies for immigra-tion purposes, while trespass and unau-thorized use of a vehicle are not. 2. Length of sentence. Certain misde-meanor dispositions are tantamount toaggravated felonies for immigration pur-poses. 3. The length of the defendant’s stay inthe United States. 4. Whether the defendant has prior con-victions and the nature of such convic-tions.Given the complexity of the law, a blan-ket set of guidelines is not applicablewhen attempting to prevent unintendedcollateral consequences, and any deter-mination must be made on a case-by-case basis.

Accordingly, the new policy instructsthe following:•When reviewing a case, whether at theinitial stages or further along its penden-cy, all staff must be alert to a defendant’spossible non-citizen status. If such possi-bility exists, the Assistant DistrictAttorney must flag that fact to defensecounsel and note that immigration conse-quences may be an issue.•In determining an appropriate plea offeror a sentencing recommendation aftertrial, every case must be evaluated on itsmerits so that justice is served. Amongthe several factors to be considered arethe defendant’s present and future immi-gration status and any humanitarian fac-

tors, such as hardships if the defendantwere deported. Whenever possible, if anappropriate disposition or sentence rec-ommendation can be offered that neitherjeopardizes public safety nor leads toremoval or to any other disproportionatecollateral consequence — the ADAshould offer that disposition or make thatrecommendation.

To reach an immigration-neutral dispo-sition, ADAs may consider alternativeoffenses the defendant can plead to aswell as reasonable modifications to thesentence recommendation. When possi-ble, the alternative should be similar inlevel of offense and length of sentence tothat offered to a citizen defendant, whilethe charge may be different. For exam-ple, a plea to a misdemeanor trespassmay be offered when appropriate insteadof a misdemeanor drug offense. In cer-tain instances, it may be appropriate tooffer a non-citizen defendant a plea for alesser offense in light of the dispropor-tionate immigration consequences ahigher level offense may result in.•Two attorneys with specific expertise inimmigration laws as well as broadknowledge of other collateral conse-quences (bars to housing, educationopportunities, etc.) are joining theDistrict Attorney’s staff. They will act asa resource to the entire Office, consultingon individual cases and providing target-ed training to all ADAs.l

Handling of Cases againstNon-citizen Defendants/continued from page 1

IMMIGRATION MATTERS 5

away with the previous priorities and hasexpanded their scope to include anyonewho is unauthorized in the United States,regardless of where they are located,how long they have been in the country,or whether or not they are a danger totheir community.

Attorney General Jeff Sessions madethis clear in April, when he said that“Everybody in the country illegally issubject to being deported, so peoplecome here and they stay here a few yearsand somehow they think they are notsubject to being deported—well, theyare.”

Homeland Security Secretary John F.Kelly echoed these sentiments, saying“ICE will no longer exempt classes orcategories of removable [immigrants]from potential enforcement.”

And the numbers already indicate thesea change. Arrests of non-criminalimmigrants under the current adminis-tration have doubled and studies have

found that roughly half of these arrestswere of people with no criminal convic-tions or were guilty of a traffic violation.This is happening despite the fact thatsmart law enforcement strategies andlimited enforcement resources often dic-tate that these individuals should not be apriority for deportation.

As a result of this shift, immigration-related arrests have increased by nearly40 percent since this time last year. Andbecause arrests along the border haveplummeted, this means that the majorityof the people being picked up andremoved are those living in the interiorof the country.

The very people, in other words, who-have lived in the United States for years,and have likely become deeply integrat-ed in their communities—these are thepeople the administration is consideringa priority for deportation. And both theirindividual communities and America as awhole will continue to suffer for it.l

tion arrests paints a broad picture of whatlife is now like for undocumented immi-grants—some are picked up taking theirchildren to school, while others aredeported to countries they haven’t seensince childhood. They have becomepowerful human interest stories whichinclude tales of community membersripped from their families and homes.

Public outrage has grown as manybelieved that immigration officials pri-marily target people who cross the bor-der illegally or are dangerous threats topublic safety—not the “good ones” whohave spent years contributing to theircommunities, like many of the peoplehighlighted in Days of Deportation.

But in their effort to cast a wider net,the current administration has made it apriority to deport even those people whohave lived in the country for decades.Under the Obama administration, immi-

gration enforcement had refocused itsenforcement priorities away from law-abiding long-time residents and towardsthose who had crossed the border with-out authorization or who posed a seriousthreat to public safety. However, underthe new administration the Departmentof Homeland Security (DHS) has done

Days of Deportation/continued from page 1

Impacted by the TravelBan After Supreme CourtDecision/continued from page 3

Who may have trouble entering theUnited States?•Individuals who form bona fide rela-tionships with individuals or entities inthe United States after June 26, 2017.

The Court’s decision is not clear onwhether it is prospective or retrospectiveonly. Individuals who form such rela-tionships to avoid the travel ban arebarred from entering.•Tourists.Nationals of the designated countrieswho are not planning to visit familymembers in the United States and whoare coming for other reasons (includingsight-seeing) may be barred from enter-ing.

The real test will come as the govern-ment implements the order, which willbe under intense scrutiny by Muslim,immigrant and refugee rights organiza-tions. Undeniably, the Supreme Court’sdecision has opened the door for moreconfusion and litigation in the months tocome.l

LEGISLATIVE NEWS 6

tage of sanctuary policies in order towreak havoc on communities.

“Closing these loopholes in our lawsmust be a priority if we are to makeAmerica safe from these dangeroustransnational organizations,” Sessionssaid in a statement. “These bills canrestore sanity and common-sense to oursystem by ending abusive attempts toundermine federal law, and they can pre-vent future tragedies by empowering lawenforcement.”While the White House is putting its

muscle behind these two pieces of legis-lation, pro-immigration advocacygroups, some law enforcement groups,and others have raised concerns. In apost on the right-leaning Cato Institute’swebsite, the think-tank’s immigrationpolicy analyst David Bier described the“No Sanctuary” bill as anti-federalistand said parts of it pose a threat to state

sovereignty. The National FraternalOrder of Police sent a letter to Houseleaders saying that while they believestate and local law enforcement shouldcooperate with their federal counterparts,they are opposed to any legislation thatwithholds federal funding from lawenforcement programs. “It is unjust topenalize law enforcement and the citi-zens they serve because Congress dis-agrees with their enforcement prioritieswith respect to our nation’s immigrationlaws,” the letter reads.

The American Civil Liberties Union(ACLU) has also come out against thebills. In a statement, Lorella Praeli, thedirector of immigration policy and cam-paigns at the ACLU said the bills were“riddled with constitutional violations”.“The true intent of these bills is toempower Trump’s deportation force andanti-immigrant agenda,” Praeli said. “We

urge the House to reject these bills, todefend the Constitution, and protect therights of all people, no matter their back-ground.”

Families of victims, however, havepraised the President’s efforts to seekjustice for those who’d been attacked byillegal immigrants. A mother of a victimtold the New York Times she was so over-whelmed by the President’s statementson immigrations she cried.

“It was almost an out-of-body experi-ence after being so deeply hurt andnobody listening and nobody wanting totalk to you about this,” Sabine Durdentold the Times. “It’s almost like I put ona little Superwoman cape because I knewI was fighting a worthwhile fight.”

Trump has put an emphasis on rootingout criminal immigrants from the U.S.since he’s been in office, ramping upimmigration enforcement capabilitiesunder two executive orders, though theenforcement has made all undocumentedimmigrants vulnerable to action.According to a White House Fact Sheet,there have been boosts in Immigrationand Customs Enforcement operations,arrests of undocumented immigrants,and removals of gang members sinceTrump took office.l

This article was originally published onTIME.com

ing up for a vote in the House, “Kate’sLaw” and “No Sanctuary for CriminalsAct,” align with the President’s tough-on-immigrants approach. Kate’s Law,which is named after a woman who waskilled by an undocumented immigrantwho’d been deported five times in SanFrancisco, would allow mandatory mini-mum sentences to be imposed on immi-grants who are convicted of re-enteringthe country illegally. The Sanctuary billreduce the amount of Department ofJustice and Department of HomelandSecurity grant funds available for juris-dictions that are found to have “sanctuarypolicies” that the administration says vio-late federal law.

The White House issued statements insupport of both pieces of legislation onJune 27. Trump called on Congress to getthe bills to his desk quickly. Speaker ofthe House Paul Ryan told Fox andFriends a vote on the two bills wouldcome this week.

“It’s time to support our police to pro-tect our families and to save Americanlives and also to start getting smart,”Trump said.

Attorney General Jeff Sessions alsoreleased a statement in support of the bill,saying criminals and gangs take advan-

Bills Aimed atUndocumentedImmigrants/continued from page 1

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TRUMP ADMINISTRATION 7

There are a lot of things wrong with thePresident Trump’s Fiscal Year 2018budget request. Some of the immigra-

tion-related provisions have been mentionedin the press or by advocates, while others areflying relatively unknown under the radar.But they all have one thing in common: theyare meant to help the Trump Administrationdeport as many people as possible. Here arethe top terrible (immigration-related) thingsin the president’s 2018 budget:

The Department of Homeland Security(DHS) got $1.7 billion more to its budget,which already sits at about $42 billion.Increases to the Customs and BorderProtection (CBP) and Immigration andCustoms Enforcement (ICE) budgets areextremely high. The budget proposal irra-tionally increases ICE and CBP fundingwhile cutting DHS programs that are vital tosecurity and public safety, such as FEMAgrants to state and local governments to pre-pare for disasters, secure ports and water-ways, and protect mass transit, as well asTSA efforts to improve security at airportcheckpoints, ports, and other transportationhubs.

What’s the increase for ICE? A whopping18% (bringing the total to $7.57 billion).About $900 million (yes, almost a billiondollars) is allocated for detention beds,bringing the average daily detained popula-tion to 51,379. This 66% increase over theprevious quota of 34,000 detention beds is anunprecedented expansion in the nation’simmigration detention system, at a timewhen border apprehensions are plummeting(down 75% since last October). There is noneed for these additional beds. Clearly thepresident wants to use them to detain hugenumbers of people who have no criminalbackgrounds and have been in the U.S. for a

The Top Terrible Things in Trump’s Budgetvery long time. That kind of enforcementwon’t improve public safety, but it will hurtAmerican families and business.

Gutting detention conditions standards ata time when deaths in detention are the high-est in years. DHS disclosed in theAdministration’s budget that ICE will nolonger expect the overwhelming majority ofits detention facilities to comply with ICEdetention standards. Instead, it will let coun-ty jails and private prison facilities use arudimentary checklist Placing ever greaternumbers of undocumented immigrants,including families, asylum seekers, andother vulnerable individuals, in facilitiesthat don’t even meet ICE standards is arecipe for disaster.

Hiring 1,000 new ICE agents, after yearsof massive build up in ICE personnel. Infact, the number of ICE Enforcement andRemoval Operations agents has alreadyclose to tripled in the past 13 years. The onlyway those agents are going to be kept busy,again considering that border apprehensionshave cratered, is by targeting long-time resi-dents who are no threat to public safety andin fact have contributed to the prosperity ofcommunities around the nation. ICE directorThomas Homan admitted as much recently,saying that all undocumented people shouldlive in fear and be looking over their shoul-der.

The request includes a reprehensibleattempt to do an end-run on local lawenforcement through the budget process.One provision would attempt to compelstate and local law enforcement agencies tohonor ICE detainer requests that have beenruled unconstitutional in courts around thecountry. Nothing in federal statute right nowrequires localities to comply with ICEdetainer requests; however, in its budgetrequest, the Administration asks Congress toprohibit localities from limiting compliance

with detainers. It’s a terrible idea for publicsafety reasons, and it likely violates the 10thAmendment, which prevents the federal gov-ernment from commandeering the resourcesof local governments in order to implementfederal laws.

CBP’s massive increase in the budgetincludes $1.6 billion for the unnecessary,ineffective, and costly border wall develop-ment. CBP’s total budget would go up 17%(bringing the total to nearly $14 billion). Theborder wall has been shot down by Congressalready and President Trump hasn’t beenable to show any constructive reasons toinvest in less than a hundred actual miles ofborder wall at such an immense cost.

In addition to the 1,000 ICE agents in thebudget, the Trump Administration wants 500more Border Patrol officers – but they can’toffer any justification for the increase.Again, border apprehensions have plummet-ed 75% since October – why do we needhundreds more agents when CBP can’t fillthe open positions it currently has? Congresscertainly should not waive the CBP’s criticalpolygraph test requirement to enable it toquickly fill positions with subpar candidates.

The Department of Justice would see asurge in hiring of U.S. Attorneys – 70 more– but not attorneys detailed to prosecute dan-gerous criminals who threaten public safety.No, instead, the new attorneys would onlyprosecute illegal entry and reentry.Immigration prosecutions already make upmore than half of all federal prosecutions—more than for drugs, weapons, fraud andother federal crimes combined. Most of thesefolks are reentering the country to reunitewith family or trying to seek asylum.Prosecuting border crossings before prose-cuting serious crimes is shortsighted in theextreme.

Nearly $2 million in additional funding tofight challenges to immigration laws, regula-

tions, and policies. The DOJ Office ofImmigration Litigation (OIL) is certainlygoing to be busy as they try to defend poten-tially unlawful actions the Administrationtakes in the immigration law arena. Insteadof funding more government attorneys, itwould be fiscally sensible to just stop mak-ing bad—and unconstitutional–policy.

Almost $132 million would be allocatedfor the E-Verify program, to work towardmandatory, nationwide use of the program.An effective employment verification sys-tem could be valuable, but only if done in away that works for businesses and protectsauthorized U.S. and foreign workers. Thoseprotections are definitely not built into thisbudget request.

Last but not least, slashing funding forinternational refugee and humanitarianassistance is part of this budget – a 31% cutto refugee resettlement programs, reducingthe number of refugees to the U.S. to50,000, and the complete elimination of theEmergency Refugee and MigrationAssistance account, which is critical for theU.S. government’s capacity to respond tourgent crises.

What can you do? Call or email your mem-bers of Congress to let them know they needto stand up against Trump’s mass deporta-tion machine through the power of the purse.The Trump Administration can ask for fundsbut Congress controls those purse strings –tell them why these are bad policies and urgethem to reject the increases that will hurtAmerican families and businesses, andinstead protect funding for programs thatincrease our shared prosperity.l

Gregory Chen is Director of GovernmentRelations for the American ImmigrationLawyers Association (AILA)

BY GREGORY CHEN

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