A new memo from USCIS and ICE seeks to detain all refugees who have been in the U.S. for more than a year and who have not yet received their Green Cards. This policy represents a cruel and pointless betrayal of our nation’s commitment to human rights, and will cause severe harm to many thousands of vulnerable people. In other words, it’s business as usual for the Trump Administration.
detention
Fight or Flight?
I recently met with the family of a man from El Salvador who we’ll call Jorge. Jorge was detained by ICE and is facing imminent deportation. He has been in the United States for more than 10 years, has no criminal convictions, and has several relatives with legal status, including his child (a U.S. citizen) and his mother (a permanent resident). Jorge had faced danger in El Salvador: criminals tried to force him to join their gang. They also murdered his uncle. Based on these facts, Jorge is legally eligible to apply for asylum, Withholding of Removal, relief under the UN Convention Against Torture, and Cancellation of Removal. The question for him and his family is whether fighting his case and trying to avoid deportation is a good idea.
Arrested in Immigration Court
Recently, there have been numerous reports about ICE appearing in Immigration Courts across the United States and detaining people at their hearings. It’s another way the Trump Administration is terrorizing non-citizens and trying to intimidate them into giving up their due process rights.
Here, we will look at what is happening, who is at risk, and what you can do to try to protect yourself.
Detention Tension
As part of its “mass deportation” plan, the incoming Trump Administration has promised to detain many more immigrants and asylum seekers.
Currently, ICE has the capacity to hold about 40,000 people at any given time. Tom Homan, Mr. Trump’s “Border Czar,” has promised to increase detention capacity to at least 100,000. Whether the budget or political will exists to implement these plans, we shall see, but certainly we can expect some level of increased immigration enforcement and detention. If nothing else, the new Administration plans a campaign of “shock and awe” to terrify non-citizens and perhaps convince them to leave the country.
Here, we will discuss what happens when an immigrant is detained, and how to prepare for that possibility.Â
In Trump’s America, Are Asylum Seekers at Risk of Arrest?
A recent case from Florida has raised concern in the asylum-seeker community. On April 26, Marco Coello, a Venezuelan asylum seeker, went to his interview at the Miami Asylum Office. Instead of meeting with an officer to discuss his case, he was detained by Homeland Security officers. Fortunately, for Mr. Coello, he was released the … Read more
We Have a Refugee Crisis in America, Too
My friend and office mate Sheryl Winarick is an immigration attorney, advocate and entrepreneur based in Washington, DC and Austin, TX. Before starting her own immigration law practice in 2007, she spent eight years working for national non-profit organizations–Catholic Legal Immigration Network and the Justice For Our Neighbors program of the United Methodist Committee on … Read more