FEDERAL COURT BARS ICE FROM ISSUING CERTAIN DETAINERS BASED ON DEFICIENT ELECTRONIC DATABASES

Written by: Taher Kameli, Esq. In making arguments about immigration, it is often said (by both pro-immigration and anti-immigration advocates) that the immigration system is broken.  Apparently, this statement may be literally true. A recent case highlights this issue, as a Federal court has barred U.S. Immigration and Customs Enforcement (ICE) from issuing certain detainers (arrest requests) based on deficient electronic databases. ICE’s “Secure Communities” program is believed to be responsible for 70% of all ICE arrests.  A significant portion of those arrests arises from detainers issued solely on the basis of electronic databases.  In essence, ICE officers,

FEDERAL COURT BLOCKS TRUMP ADMINISTRATION’S EXPANDED “EXPEDITED REMOVAL” DEPORTATION POLICY

Written by: Taher Kameli, Esq. While Congress (or at least the House of Representatives) is perhaps now showing some opposition to President Trump on the issue of impeachment, Congress has not been able to block the anti-immigration policies of the Trump administration.  Instead, it has been the judicial branch of government, rather than the legislative branch of government, which has been more effective in opposing the Trump administration on the issue of immigration. As another example of the judiciary ruling against an immigration policy of the Trump administration, on September 27, 2019, a Federal court blocked

NEW STUDY SHOWS ICE IS NOT TARGETING SERIOUS CRIMINALS

Written by: Taher Kameli, Esq. In defending his immigration policies, President Trump often argues that his purpose is to deport “criminals” (“bad hombres”) from the United States.  Notwithstanding this rhetoric, a new study reveals a different result. The study, from Syracuse University’s Transactional Records Access Clearinghouse (TRAC), released on July 19, shows that U.S. Immigration and Customs Enforcement (ICE) is in fact not targeting serious criminals. The TRAC study states that “the latest data from the Immigration Courts through June 2019 shows only 2.8 percent of recent Department of Homeland Security (DHS) filings based deportability claims

TRUMP ADMINISTRATION ANNOUNCES NEW RULE TO SIGNIFICANTLY RESTRICT ASYLUM PROTECTION FOR MOST CENTRAL AMERICAN MIGRANTS

Written by: Taher Kameli, Esq. The Trump administration has taken various actions to restrict the inflow of immigrants from Central America at the U.S. southern border.  Many of these immigrants assert asylum claims to attempt to enter the United States. In probably its most forceful action to limit immigration from Central America, on July 15, the Trump administration announced a new rule to significantly restrict asylum protection for most Central American migrants. Specifically, under the new rule (published in the Federal Register to be effective July 16), subject to 3 limited exceptions, asylum seekers who pass

PRESIDENT TRUMP PRESENTS NEW IMMIGRATION PLAN

Written by: Taher Kameli, Esq. For most of the last 20 years, politicians in the United States have discussed the concept of “comprehensive immigration reform” – what most people think of as the adoption of a complete overhaul of the US immigration system, dealing with all of increased border security, illegal immigrants already in the country, future legal immigration rules, and other immigration law-related matters, all in 1 sweeping piece of legislation.  The fact that this issue is still being discussed in year 2019 evidences that no “comprehensive immigration reform” legislation has yet been

NINTH CIRCUIT UPHOLDS TRUMP ADMINISTRATION’S “REMAIN IN MEXICO” PROGRAM

Written by: Taher Kameli, Esq. In the face of continuing anti-immigration policies from the Trump administration, it has been the judicial branch of the Federal government (the courts) that immigrants have often relied upon to protect immigrant rights.  The U.S. Court of Appeals for the Ninth Circuit, in particular, has issued various decisions in defense of immigrant rights. However, even the Ninth Circuit is not a guarantor of a “pro-immigration” decision, as evidenced by its May 7 opinion upholding President Trump’s Migrant Protection Protocols program (known as the “Remain in Mexico” program). Based

TRUMP PROPOSES NEW RESTRICTIONS ON ASYLUM-SEEKERS

Written by: Taher Kameli, Esq. “Asylum, you know I look at some of these asylum people, they’re gang members.  They’re not afraid of anything . . . and they say ‘I fear for my life,’ they’re the ones causing fear for life.  It’s a scam, it’s a hoax”. These prior comments by President Trump from early April clearly show that he opposes immigration to the United States based on asylum.  Thus, it was no surprise when, on April 29, he issued “Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity to

AMERICAN BAR ASSOCIATION PROPOSES MAJOR OVERHAUL OF US IMMIGRATION SYSTEM

Written by: Taher Kameli, Esq. Would it surprise you if someone said that there are issues with immigration in the United States?  Probably not, but when the US immigration system is criticized in strong words by one of our leading lawyer associations, you probably should take notice.  Thus, a March 2019 American Bar Association (ABA) report proposing a major overhaul of the US immigration system deserves our attention. The ABA report, entitled “REFORMING THE IMMIGRATION SYSTEM Proposals to Promote Independence, Fairness, Efficiency, and Professionalism in the Adjudication of Removal Cases”, is an update to a similar report issued by the ABA in