Eye on the Agencies

ICE Establishes Online Detainee Locator System

July 29, 2010

ICE has launched the Online Detainee Locator System, a website in English or Spanish where the public can search by name or alien registration number and country of birth to find out where a detainee is in custody.  The locator will report whether the detainee is currently in ICE custody or not, and provides information about what facility the detainee is in.  If an individual has been released from ICE custody within the last 60 days, the locator provides the telephone number for the ICE field office with jurisdiction over the former detainee.  ICE also provides some basic FAQs about the information and using the locator, as well as a brochure and instructions in nine languages so far.   There are limits to the locator system.  One, ...

National Guard Troops to be Deployed to Southwest Border August 1

July 26, 2010

On July 19, the Department of Homeland Security (DHS) and Department of Defense (DOD) announced deployments of 1,200 National Guard troops to assist border patrol agents along the Southwest border to begin on August 1. All 1,200 troops will be fully trained and stationed by the start of September, according to Gen. Craig McKinley, commander of the National Guard. This announcement follows the authorization of the troops by President Obama in May.  During the year-long deployment the National Guard troops will “provide support for intelligence surveillance and reconnaissance, and counternarcotics enforcement,” by looking for border smugglers as well as gathering intelligence. Although the troops will be armed, their weapons can only be used ...

USCIS Grants 10,000 U Visas to Crime Victims by Third Quarter of FY 2010

July 20, 2010

U.S. Citizenship and Immigration Services (USCIS) has already granted its 10,000 maximum allotted U Visas for FY2010.  U Visas provide immigration relief to crime victims who are willing to help law enforcement in the investigation or prosecution of crimes against them. Congress created U Visas in the Victims of Trafficking and Violence Protection Act in 2000. The act aimed to protect victims of crime as well as to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes. The Department of Homeland Security released regulations with respect to the implementation of U Visas in 2007.   U Visa recipients receive temporary legal status and ...

Department of Justice Files Suit Challenging Arizona Immigration Law

July 07, 2010

The Department of Justice (DOJ) has filed a lawsuit in federal court against the state of Arizona challenging the Constitutionality of S.B. 1070, an Arizona state law set to take effect on July 29, 2010.  The law requires police to ascertain the immigration status of those who come in contact with local law enforcement if there is “reasonable suspicion” the person is in the country illegally. DOJ’s lawsuit alleges that sections one through six of S.B. 1070 violate the Constitution’s supremacy clause, because it is the responsibility of the federal government, rather than the states, to set immigration policy and enforce immigration laws. The lawsuit does not challenge sections of S.B. 1070 that relate to employment verification and the ...

Internal Realignment at ICE

June 29, 2010

On June 9th, 2010, Immigration and Customs Enforcement (ICE) announced plans to realign its offices in hopes of improving the agency’s management by providing a clearer focus and streamlining its reporting structure.  Three new “directorates” will be established: The Homeland Security Investigations Directorate will manage criminal investigations and homeland security programs. The Enforcement and Removal Operations Directorate will handle civil immigration enforcement and oversee detention and removal policy, currently under the Office of Detention and Removal Operations. The Management and Administration Directorate will execute the agency’s managerial policy, comprising of human resources, financial, and logistical support. Six ...

Michael Fisher Appointed Chief of Border Patrol

May 18, 2010

On May 7, 2010, U.S. Customs and Border Protection Commissioner Alan Bersin announced  that Michael J. Fisher would assume the role of Chief of the U.S. Border Patrol. Chief Fisher most recently served as the Chief Patrol Agent of the San Diego, California, Sector. In his new position, Chief Fisher is the nation’s highest-ranking Border Patrol agent, and directs the enforcement efforts of more than 20,000 Border Patrol agents responsible for patrolling our nation’s borders between the official ports-of-entry. Fisher started his duty along the Southwest Border in 1987 in Douglas, Arizona.  In 2003, he also worked as Deputy Director for the Customs and Border Protection’s Office of Anti-Terrorism in Washington, D.C., where we was CBP’s ...

Alan Bersin Appointed Commissioner of Customs and Border Protection

March 30, 2010

Amongst other recess appointments, President Obama installed former Border Czar Alan Bersin as the Commissioner for Customs and Border Protection on March 27, 2010.  The administration nominated Mr. Bersin for the post in September 2009, but in the long appointments backlog in the Senate, no confirmation hearing for Mr. Bersin had been scheduled yet. In April 2009, DHS Secretary Napolitano appointed Mr. Bersin as a Special Representative for Border Affairs, a.k.a. Border Czar, a position similar to the one he held under President Clinton, when he served as the Attorney General’s Southwest Border Representative.  Mr. Bersin was a major force behind Operation Gatekeeper in San Diego, an effort to dramatically increase Border Patrol ...

White House Extends Liberian Deferred Enforced Departure

March 23, 2010

On March 19, President Obama issued a memorandum extending Deferred Enforced Departure (DED) status for Liberians in the United States, allowing Liberian nationals, or stateless persons who last resided in Liberia, to remain and seek work authorization in the U.S. for 18 months.  Deferred Enforced Departure is a grant of lawful status to Liberians to defer removal of any Liberian national, with certain exceptions, such as for persons who are judged to be a danger to the United States or are subject to extradition.  DED status means that the 4,000 Liberians who fled during Liberia’s civil war will not be returned en masse while the country is still unstable. When Temporary Protected Status (TPS) for Liberians expired in October 2007, ...

DHS Appoints Officer of Civil Rights and Civil Liberties

January 29, 2010

On January 25, Margo Schlanger took the helm of the DHS Office for Civil Rights and Civil Liberties (OCRCL).  Ms. Schlanger is an accomplished litigator and legal scholar, with particular expertise in prisoner rights.  Formerly a clerk for Justice Ruth Ginsburg and a senior trial attorney for the DOJ Civil Rights Division, Ms. Schlanger has taught courses in constitutional law and civil rights at Harvard University, the University of Michigan, and the University of California at Los Angeles. The Office for Civil Rights and Civil Liberties is DHS’ arm responsible for ensuring that the Department’s policies and activities respect individual freedom and constitutional rights.  As the chief Officer, Ms. Schlanger will evaluate and advise the ...

Temporary Protected Status Granted to Haitians in the U.S.

January 19, 2010

On January 15, Secretary of Homeland Security Janet Napolitano announced that Haitians in the U.S. would be given Temporary Protected Status (TPS) due to the earthquake that struck Haiti on January 12.  TPS allows Haitians here without authorization or with temporary visas to stay and work in the U.S. for 18 months (unless TPS is extended beyond the initial period).  To be eligible, Haitians in the U.S. must have been in the U.S. since January 12.  Haitians may register for TPS and work authorization as soon as the official notice is published in the Federal Register.  The registration period will last 180 days. Persons registering for TPS will have to prove they are nationals of Haiti and have been in the U.S. since January 12.  Fees are ...

ICE Revises Parole Policy for Asylum Seekers

December 23, 2009

On Wednesday, December 16, ICE issued a policy directive to all Detention and Removal Operations personnel regarding detaining asylum seekers arriving in the United States.  Under the new guidance, all incoming asylum seekers who demonstrate a credible fear of persecution if returned to their country of origin will be automatically screened by ICE for possible release while their case is pending.  In recent years, release for arriving asylum seekers has declined, in part because applicants had to petition for it in writing, which in most cases would only occur if the detainee was represented by an attorney.  For those who did manage to file a written petition for parole, the actual chances of being granted release remained limited.  Rates ...

DHS Finalized Rules to Remove Widow Penalty

December 23, 2009

On December 14, DHS announced that it has fully implemented its plan to remove the widow penalty, and USCIS will begin approving immigrant petitions for permanent residence of a spouse or child of citizens, even after the petitioning citizen has died.  Formerly, if the petitioning U.S. citizen spouse or parent of an immigrant died before the immigrant was granted permanent residence, the beneficiary lost his or her right to immigration status and could be deported.  In June, DHS Secretary Napolitano issued an order granting a two-year deferral on removal for widows, widowers, and children affected by this gap in the law.  In late October, Congress adopted an amendment proposed by Senator Orrin Hatch (R-UT), adapting the immigration law to ...

CBP Leaders Meet with Border Community Groups

December 23, 2009

In line with the Obama Administration’s commitment to greater transparency and collaboration with the public, Customs and Border Protection held several listening sessions over the summer of 2009 in different regions of the border to hear the concerns of border residents about DHS policies. Following these listening sessions, CBP has more deeply engaged with a cross-section of border region stakeholders, arranging planning meetings on how to implement some of the recommendations of border groups.  On December 11, leadership from CBP headquarters, along with staff from the Brownsville sector, met in Brownsville, Texas, with community organizations representing the entire span of the Southern border to discuss issues of border-wide concern ...

USCIS gets new Ombudsman

December 02, 2009

On November 23, DHS Secretary Janet Napolitano appointed January Contreres to serve as the USCIS Ombudsman.  Ms. Contreras had served as Senior Advisor to Secretary Napolitano where, among other things, she helped coordinate response to the H1N1 pandemic.  Prior to joining DHS, Ms. Contreras led Arizona’s Department of Health Services.   You can read the DHS Press release about Ms. Contreras here.   You can find more about the Office of the Ombudsman ...

CDC Lifts HIV Ban

November 02, 2009

On November 2, the Centers for Disease Control issued a Final Rule removing HIV infection from its list of “communicable diseases of public health significance.”  Since the late 1980s, when HIV infection was added to the list of “communicable diseases of public health significance,” persons infected with HIV have been inadmissible to the U.S. (except by a difficult-to-obtain special waiver).  When the Final Rule takes effect on January 4, 2010, persons with HIV infection will no longer be barred from visiting or immigrating to the U.S. due solely to infection with the virus.    The President remarked on this rule change in his signing statement for the Ryan White HIV/AIDS Treatment Extension Act on October 30.  A history of this issue can ...

61 Agencies Sign New 287(g) Agreements

October 28, 2009

In July, the Department of Homeland Security announced that it had revamped its standard Memorandum of Agreement between Immigration and Customs Enforcement and local law enforcement agencies wishing to cooperate with ICE in enforcing immigration laws.  DHS required all agencies that had signed the old 287(g) agreement to sign the new agreement.  As of October 28, 61 agreements had been signed, with six still pending approval from the local governing body.  Several law enforcement agencies opted not to continue partnering with ...

No-Match Rule Rescinded

October 07, 2009

On October 7th, the Department of Homeland Security made final a proposed rule issued in August to rescind the Bush Administration’s Social Security “No Match” rule.  The Bush Administration regulation outlined for employers what they must do upon receiving a letter from the Social Security Administration that tells the employer that an employee’s name and Social Security number do not match Social Security Administration records.  Failure to abide by the regulation might have made the employer vulnerable to an immigration enforcement action.   There had been an attempt by restrictionist Senators to insert an amendment in the DHS appropriations bill to prohibit spending on finalizing the proposed rule.  That effort was not ...

CBP Commissioner Nominated

October 01, 2009

On September 22, President Obama nominated Alan Bersin to be Commissioner of U.S. Customs and Border Protection.  Mr. Bersin has been serving as DHS Assistant Secretary for International Affairs and Special Representative for Border Affairs (and is also known as the “Border Czar”).  Prior to joining the Administration, Mr. Bersin was Board Chairman of the San Diego County Regional Airport Authority, and before that he served as California’s Secretary of Education. For three years during the Clinton Administration, Mr. Bersin served as Special Representative for the Southwest Border, overseeing the coordination of border law enforcement.  In his capacity as “Border Czar,” Mr. Bersin has been meeting with communities along the Southwest ...

USCIS Launches New Web Site

October 01, 2009

In an attempt to make it easier for its customers to find information, USCIS recently overhauled their Web site.  Among other improvements, applicants for immigration benefits are supposed to be able to get more information on the status of their cases by logging into “My Case Status.”  There is a parallel Spanish-language site, accessible from the USCIS home page.  Materials about the changes made to the Web site can be found on the USCIS News ...

States Get More Time to Apply for Extension for Implementing REALID

October 01, 2009

On September 28, the Department of Homeland Security issued a rule granting states additional time to apply for an extension for implementing REAL ID driver’s license standards.  As the law now stands, states must comply with REAL ID by January 1, 2010.  REAL ID requires states to issue driver’s licenses with certain security features.  It also requires applicants for driver’s licenses to present certain identity documents, such as birth certificates, and it requires states to authenticate the documents presented.)  States may apply for an extension of time to implement REAL ID.  Originally, the deadline for applying for an extension was October 11.  The September 28 rule extends that deadline to December 1.    Meanwhile, the Senate is ...

USCIS Suspends Denials of Waivers Based on HIV Infection

October 01, 2009

On September 15, USCIS issued a memo that directs USCIS officers to hold in abeyance any waiver application that would be denied solely due to a person’s HIV infection.  This action was taken pending a final rule by the Department of Health and Human Services (HHS) on the inclusion of HIV infection on a list of diseases for which immigrants may be denied entry to the U.S. On July 2nd, HHS issued a proposed rule that would remove HIV infection from the list of such ...

Department of Labor proposes changes to H-2A agricultural worker program

September 10, 2009

On September 4, the Department of Labor published a Proposed Rule in the Federal Register to revise the H-2A seasonal agricultural worker program.    Just before it left office, the Bush Administration changed the regulations governing the H-2A seasonal agricultural worker program to make it easier for employers to recruit foreign workers, and to weaken worker protections for agricultural workers.  Farmworker advocates filed a lawsuit, but the court refused to issue a temporary restraining order or preliminary injunction, and the regulations went into effect on January 17.  Subsequently, the Obama Administration published a notice in the Federal Register to suspend the Bush Administration regulations.  A group of growers then filed a ...

E-Verify mandate for federal contractors goes into effect

September 10, 2009

On September 8, a new DHS regulation went into effect requiring federal contractors to use the E-Verify electronic worker verification system.  The rule applies to all federal solicitations and contracts for more than $100,000 and lasting 120 days or more.  Such contracts and solicitations must include a provision that the contractor will enroll in E-Verify and use it to verify all new hires and for all workers assigned to the contract.  Certain subcontracts are also covered by the rule.  There are exceptions.  You can find a summary of the regulation on the Web site of the National Immigration Law Center.   A lawsuit is still pending against this regulation, but thus far a judge has not issued an order blocking the regulation from going ...

Setback for detention reform efforts

September 10, 2009

On September 8, The New York Times reported that Dr. Dora Schriro, who has just been tapped by DHS to head the new Office of Detention Policy and Planning within ICE, will be leaving DHS to be Commissioner of New York City’s Department of Correction.  Immigration advocates are disappointed that Dr. Schriro will not be at the helm of the effort to reform ICE’s immigration detention system.  According to the Times story, the reason for Dr. Schriro’s departure has nothing to do with disagreement over Administration policy.  DHS plans to conduct a search for a new head of the Office of Detention Policy and Planning, and to continue the effort to reform the immigration detention ...

DHS Proposes to rescind Bush Administration “No-Match” rule

August 24, 2009

On August 19, DHS published a proposed rule in the Federal Register that would rescind a Bush Administration regulation that outlined for employers what they must do upon receiving a letter from the Social Security Administration that tells the employer that an employee’s name and Social Security number do not match Social Security Administration records.  Failure to abide by the regulation might make the employer vulnerable to an immigration enforcement action.  That rule has never gone into effect, because a preliminary injunction was issued against the rule in response to a lawsuit.   The new proposed rule states that, after a review of agency policies, it was determined that DHS would obtain better results by focusing on other worksite ...

ICE ends quotas for fugitive operations

August 24, 2009

On August 17, U.S. Immigration and Customs Enforcement chief John Morton told reporters that he has ended the practice of requiring ICE fugitive operations teams to meet arrest quotas.  Fugitive operations teams were set up to apprehend immigrants who had been ordered deported, but who fled before being deported.  In 2006, ICE set team a quotas at 1,000 arrests per year.  Fugitive operations teams gained notoriety when armed agents entered homes without permission and swept up any immigrants suspected of being in the country illegally rather than the immigrants who were the targets of the operations.   Morton said that the fugitive operations teams would re-focus on tracking down absconders, particularly those who had committed ...

Mayorkas sworn in as head of USCIS

August 24, 2009

On August 7, Alejandro Mayorkas was confirmed by the Senate as Director of USCIS.  He was sworn in on August 12.  You can read the USICS Press Release ...

DHS Announces Immigration Detention Overhaul

August 13, 2009

On August 6, ICE announced plans for potentially major changes in the immigration detention system.  According to ICE’s statement, ICE is creating two new offices on detention management: the Office of Detention Policy and Planning (ODPP) and the Office of Detention Oversight (ODO).    DHS will also retain a medical expert to provide independent review of medical complaints, and is placing detention managers in many of their largest facilities.  In addition, ICE announced that the T. Don Hutto Family Residential Facility  in Texas would no longer be used to detain families.     ODPP’s purpose is to plan and design a civil detention system tailored to ICE’s needs, and it will be led by Dr. Dora Schriro, and staffed with two experts on ...

DHS Refuses Rulemaking on Detention Standards

August 13, 2009

On July 24, DHS decided not to engage in formal rulemaking on enforceable immigration detention standards.   Advocates had sought rulemaking by the agency in 2007, and DHS neglected to respond at all until June 2009, when it received a court order to do so with a 30 day deadline.  Twenty-nine days later, DHS denied the advocates’ petition, asserting that the guidelines in place were sufficient.  DHS also stated in the rulemaking denial that “rulemaking would be laborious, time consuming, and less flexible, and could impede DHS’s ability to expeditiously respond to changed circumstances.”   The INS first developed detention standards in 2000, and these were most recently modified and updated by DHS in 2008: the forty-one Performance-Based ...

HHS Repeals HIV Ban

July 14, 2009

At the end of June, the US Department of Health and Human Services (HHS), proposed regulations to end the HIV ban on travel to the United States, by removing HIV from the official list of “communicable diseases of public health significance.”    Since 1993, HIV-positive individuals have been inadmissible to the United States on the grounds of their HIV-status, as both visitors and immigrants.  As advocates and activists have highlighted, this has done little to affect public health protection in the U.S., but it has prevented the U.S. from hosting international AIDS conferences and kept hundreds of Haitian refugees imprisoned in Guantanamo in the 1990s.   The proposed regulation is open for public comments until August 17, 2009.  In an ...

Administration Announces Retooling and Expansion of 287(g)

July 13, 2009

On July 10th, the Department of Homeland Security announced that it has standardized the Memorandum of Agreement (MOA) that it uses to enter into “287(g)” partnerships with state and local law enforcement agencies.  In its Press Release announcing this move, the Department said that the new MOAs will now align with ICE enforcement priorities.  ICE is focusing first on the removal of non-citizens who have committed serious crimes.   According to the release, “[t]o address concerns that individuals may be arrested for minor offenses as a guise to initiate removal proceedings, the new agreement explains that participating local law enforcement agencies are required to pursue all criminal charges that originally caused the offender to be taken ...

DHS Announces Support of E-Verify for federal contractors; Bush No Match Regulation to be Rescinded

July 08, 2009

The Department of Homeland Security announced today that it will push ahead with a regulation that will require federal contractors and subcontractors to verify their workers with the E-Verify system.  According to the announcement, the rule will “apply to federal solicitations and contract awards Government-wide starting on September 8, 2009.”   In the same announcement, the administration said it would rescind a 2007 Bush administration regulation establishing procedures that employers could follow if they received No-Match letters from the Social Security Administration.  The rule has never taken effect, due to a pending lawsuit.  The announcement noted that E-Verify is a better tool for identifying unauthorized workers.   You can read ...

Bush H-2A regulations suspended

June 15, 2009

On May 29th, the Department of Labor issued a regulation suspending a last-minute Bush administration regulation that weakened labor protections in the H-2A seasonal agricultural workers program.  Regulations governing the H-2A program that were in place prior to the January 17th publication of the Bush Administration regulations are reinstated for a period of nine months, by which time either new regulations will be drawn up, or the suspension will be lifted. The regulations can be found here:http://edocket.access.gpo.gov/2009/pdf/E9-12436.pdf Background information on this issue can be found on the Web site of Farmworker ...

E-Verify for federal contractors delayed to September 8

June 15, 2009

In November of 2008, the Bush administration published a regulation that would require all contractors having business with the federal government to use the E-Verify electronic employment verification system.  On June 5th, the Obama administration published a notice in the Federal Register announcing the postponement of the implementation of this regulation until September 8th, 2009. The Federal Register notice can be found ...

Napolitano Grants Deferred Action to Widowers, Widows and Orphans of US Citizens

June 09, 2009

On June 9, 2009, Secretary Napolitano granted a two year deferred action for widows and widowers of US Citizens, as well as unmarried children under 18, whose residence is conditional on the petition of the deceased.  Under the Immigration and Nationality Act, immigrant spouses of US Citizens receive conditional permanent residence for the first two years of marriage, after which they are eligible for full permanent residence if they are still married.  Prior to this new deferral policy, immigrants whose spousal petitioners passed away before the two years are completed would lose their lawful status entirely unless they have an independent legal basis to stay. In the deferral, however, Napolitano directed U.S. Citizenship and Immigration ...

ICE Reviews Privacy Regulations for Immigration Detainees

June 09, 2009

Effective June 4, 2009, organizations providing Legal Orientation Programs through EOIR (Executive Office of Immigration Review) and attorneys seeking to provide information and representation at no cost to immigrant detainees will be provided access to ICE’s information on immigration detainees through RARS (Removable Alien Records System) to facilitate legal assistance.  DHS published the proposed action on May 5, to amend the Privacy Act system of records to allow legal and educational program advocates regular access to RARS.  Routine access of advocates will improve representation and due process for detained immigrants, facilitate removal proceedings, and help detainees understand the immigration process.  The Forum submitted ...

Holder Reverses Matter of Compean

June 09, 2009

  In January of 2009, just before leaving office, Attorney General Mukasey reversed decades of precedent, ruling in Matter of Compean that immigrants in removal proceedings do not have the legal right to effective assistance of counsel.  Mukasey acknowledged some extremely limited availability of redress for immigrants who were seriously abused by incompetent or fraudulent attorneys, but primarily made it more difficult for immigrants to appeal deportation orders, and raised the burden of proof for non-citizens to show that ineffective counsel had negatively affected their cases. Furthermore, Mukasey ruled that even if all requirements were met, the Board of Immigration Appeals or the immigration judge would still have discretion over ...

John Morton sworn in as head of ICE

May 19, 2009

On May 14th, John Morton was sworn in as Assistant Secretary for Homeland Security for Immigration and Customs Enforcement.  Mr. Morton was confirmed by the Senate on May 12.  You can find an ICE press release about Mr. Morton here:http://www.ice.gov/pi/nr/0905/090514washington.htm The brief bio provided by the White House at the time of his nomination can be found ...

New DHS Border Czar Alan Bersin

May 07, 2009

DHS Secretary Napolitano appointed San Diego attorney Alan Bersin to be assistant secretary for international affairs and special representative for border affairs.  Bersin, a former prosecutor and educator, served in a similar role under Attorney General Janet Reno from 1995-98.  As “Border Czar,” Bersin will report directly to Secretary Napolitano and his responsibilities will include coordinating deployment of additional personnel and enhanced technology to help Mexico target illegal guns, drugs and cash.  US News reports that during the 90s Bersin led Project Gatekeeper, the effort to increase border security in San Diego. The project was effective in San Diego, but resulted in pushing undocumented border crossers further west and into ...

DHS issues new guidelines for worksite enforcement

May 07, 2009

On April 30, DHS issued new guidelines to Immigration and Customs Enforcement (ICE) regarding worksite enforcement.  The new guidance directs ICE to focus its worksite enforcement resources on the criminal prosecution of employers who knowingly hire undocumented workers.  At the same time, a fact sheet on the new guidance said that “ICE will continue to arrest and process for removal any illegal workers who are found in the course of these worksite enforcement actions in a manner consistent with immigration law and DHS priorities.” While the guidelines do signal a more targeted enforcement strategy, they are no substitute for immigration reform.  Until Congress acts, the enforcement agency is stuck enforcing a bad law, and some immigrant ...

Senate Judiciary Committee holds DHS oversight hearing

May 07, 2009

On May 6th, the Senate Judiciary Committee held its first oversight hearing of the Department of Homeland Security.  DHS Secretary Janet Napolitano was the only witness.  The hearing covered a range of subjects falling under the jurisdiction of the Department.  On immigration, the Secretary said that her priorities were smart and effective immigration enforcement; targeting employers who hire undocumented workers; improving the E-Verify system; and expanding efforts to deport criminal aliens. In concluding her prepared remarks, Secretary Napolitano said that she was looking forward to working with the Committee on comprehensive immigration reform. Senator Jeff Sessions (R-AL), the new ranking member of the Committee after Senator Arlen ...

Alejandro Mayorkas nominated to be USCIS Director

May 07, 2009

On April 24th, President Obama nominated Alejandro Mayorkas to be head of the U.S. Citizenship and Immigration Service.  Mayorkas is currently a litigation partner in a law firm in Los Angeles,  O’Melveny and Myers.  Prior to that, he was the U.S. Attorney for the Central District of California.  He was on President Obama’s Justice and Law Enforcement transition team. Unfortunately, there is not much to report here by way of his immigration background.  Among immigration advocates in Washington, not much is known about this nominee.  He apparently has little immigration experience.  This position requires Senate confirmation, and the nomination will be considered in the Judiciary ...

DHS Immigration and Border Security Directive Jan 30, 2009

February 02, 2009

DHS Secretary Janet Napolitano has asked DHS to conduct a review of several immigration and border security programs and compile a report by Feb. 20. The directive requires specific department offices and components to work together and with state and local partners to review and assess the plans and policies to address issues related to criminal and fugitive aliens, legal immigration benefit backlogs, immigration detention centers, electronic employee verification, and other areas of operation. The directive can be found on the DHS website at ...

Justice Dept. rule forces immigration detainees to provide DNA samples beginning in January

December 15, 2008

A new Justice Department rule, published Wednesday and effective January 9, 2009, authorizes the forcible collection of DNA samples from non-citizens in immigration detention. 73 Fed. Reg. 74932. The new regulation appears at 28 CFR 28.12(b). Available at: http://edocket.access.gpo.gov/2008/pdf/E8-29248.pdf.  Immigration and civil liberties groups condemned the policy of collecting DNA samples from all non-citizens detained by authorities and all people arrested for federal crimes.  The final rule as published in the Federal Register attempts to address several concerns raised by commentators. There are exemptions from the new rule.  First, it does not apply to applicants for admission being processed. 28 CFR 28.12(b)(2). Next, Congress ...

USCIS Revises National Security Adjudication and Reporting Requirements

February 04, 2008

USCIS issued a revised guidance concerning the Application for Adjustment of Status (I-485); Application for Waiver of Ground of Inadmissibility (I-601); Application for Status as Temporary Resident Under Section 245A of the Immigration and Nationality Act (I-687); and Application to Adjust Status from Temporary to Permanent Resident (I-698).  The revised guidance says that fingerprint checks and IBIS checks must be obtained and resolved for all applicants, but that if the application is otherwise approvable, but the FBI name check is pending for more than 180 days, the application shall be approved.  Naturalization applicants will still have to wait until name checks are completed before the application will be approved. The Guidance Memo ...

Proposed Rule: Filing of motion to reopen negates voluntary departure agreement

December 07, 2007

In November, EOIR issued a proposed rule that would change the regulations and provide that an immigrant’s filing of a motion to reopen or reconsider prior to the expiration of the voluntary departure period automatically terminates the grant of voluntary departure; and further provides that an immigrant’s filing of a petition for judicial review automatically terminates the grant of voluntary departure.  One of the concerns raised by this rule is that EOIR is attempting to limit an immigrant’s access to court solely because he took voluntary departure.   Comments are due January 29, 2008. Proposed Rule The related issue of “Whether the filing of a motion to reopen removal proceedings automatically tolls the period within which an alien ...

Proposed Rule to “Streamline” HIV Waivers for Short-Term Visitors

December 07, 2007

In November 2007, CBP issued a regulation that would limit waivers for immigrants making short term visits to the United States who are inadmissible solely because they are afflicted with HIV.  The rule identifies a series of conditions and requirements an applicant must show to obtain a waiver, many of which are onerous.  Comments were due on December 6, 2007. Proposed Rule Fact Sheet from Immigration Equality Comments from NGOs (including the Forum) are publicly available ...

ICE Issues Limited Guidance for Humanitarian Screening During Worksite Enforcement Actions

December 07, 2007

In November 2007, ICE issued limited guidance regarding humanitarian screening during worksite enforcement actions.  A related press release and copy of the guidance can be found ...

Policy Guidance on Parole

December 07, 2007

In Novmeber 2007, ICE issued new guidelines for certain asylum seekers seeking release or “parole” from detention following a “credible fear” determination. ICE Guidance Press Release by Human Rights ...

Prosecutorial Discretion Memo Relating to Nursing Mothers During Enforcement Actions

December 07, 2007

In November 2007, ICE issued a memo on exercising “prosecutorial discretion” for nursing mothers during an enforcement action. A copy of this memo can be found at: ...

DHS Begins Collecting 10 Fingerprints From International Visitors At Washington Dulles International Airport

December 07, 2007

To read about this topic, see the DHS Press ...

Remarks by Homeland Security Secretary Michael Chertoff at Border Security Briefing

December 07, 2007

You can read the Secretary's remarks ...

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