USCIS, ICE Stuck in the Past
Published June 05, 2009 @ 01:00AM PT
Blogging from the AILA conference today (yesterday, now), AILA's Crystal Williams, in one of those emperor-has-no-clothes moments, pointed out how USCIS policy initiatives are too often driven by budget line items rather than by problem-solving objectives. Case in point: an effective, efficient customer service office in California was recently shut down and local advocates told instead to simply call the infamous USCIS 1-800 number. That's 1-800-USELESS, as Williams pointed out to applause from all within earshot. Williams' explanation for this inanity: USCIS has already invested so much money in the 1-800 number that its bureaucratic inertia is now unstoppable.
Likewise, the USCIS anti-fraud unit has gotten fat from $500 H-1B fraud fees and other funding, so now we've got to have fraud, even where a reasonable person might not find it.
Representatives from the agencies formed a panel, ostensibly to answer questions from incoming AILA President Bernie Wolfsdorf, but actually to obfuscate and deflect. The USCIS rep was painfully nonresponsive to questions about 18 month wait times for FOIA responses in light of Obama's vaunted transparency initiative (my fast-track FOIA requests for clients in proceedings are getting bounced back 80-90% of the time now under the new administration--that's a strange definition of transparency) and unreasonable, unjustified agency denials and requests for evidence.
(I had better note as well that there's lots of local variation with USCIS and ICE, and in Philly we have the good fortune of having an unusually responsive District Office.)
ICE spokesperson Barry O'Melinn actually answered the questions he was asked, but I didn't much like at least one of the answers: ICE will continue to arrest immigrants in the hallways outside of immigration court where it feels such arrests are justified, principally where there are serious criminal convictions or deportation orders. This is a terrible way of motivating people to resolve their situations through legal channels. The practice drives people away from immigration court, further justifying ICE's aggressive and punitive detention policies. It betrays a lack of faith in the legal process and undermines rule of law in immigration proceedings. Immigration judges don't like the tactic, but ICE doesn't much care. It's an exercise of raw power that shows who makes the decisions that matter in many immigration cases: not the judge, but ICE.
As Bernie Wolfsdorf, who himself immigrated to the U.S. from apartheid South Africa 30 years ago this week, noted, there will be nearly half a million people held in civil immigration detention this year. How much is enough? When will we see the change that was promised on the campaign trail?
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Comments (23)
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David is an attorney in Philadelphia, PA, where he helps immigrants to the U.S. navigate the complex immigration legal system. Views he expresses at change.org are his alone and don't represent the views or opinions of his employer, Nationalities Service Center. The information contained on this site is intended for educational and advocacy purposes only.
"ICE spokesperson Barry O'Melinn actually answered the questions he was asked, but I didn't much like at least one of the answers: ICE will continue to arrest immigrants in the hallways outside of immigration court where it feels such arrests are justified, principally where there are serious criminal convictions or deportation orders."
Eh? O'Mellin didn't like the answer that ICE will continue to arrest immigrants where there are serious criminal convictions? WTH?
Posted by Mark Lindley on 06/05/2009 @ 06:50AM PT
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ICE will continue to arrest immigrants in the hallways outside of immigration court where it feels such arrests are justified, principally where there are serious criminal convictions or deportation orders. This is a terrible way of motivating people to resolve their situations through legal channels.
Do you think Americans will really loose sleep that criminals have to go back home and be their own county's problem? Who are the people who are demanding criminals get to stay in the US and decorate our shores. Send these lovely flowers back to bloom on thier own soil.
Posted by Hilary Johnson on 06/05/2009 @ 05:34PM PT
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"The practice drives people away from immigration court"
and immigration lawyers.
Posted by Hilary Johnson on 06/05/2009 @ 05:36PM PT
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When will we see the change that was promised on the campaign trail?
I'm gonna tell you like it really is. Every election year these politicians are sent up here to pacify us! They're sent here and setup here by the White Man!
"I say and I say it again, you've been had. You've been took. You've been HOODWINKED, BAMBOOZLED, led astray, run amok."
Malcolm X
Posted by Hilary Johnson on 06/05/2009 @ 05:43PM PT
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The way the legal immigration system is. It seems like it is safer for someone to be in our system non-existent, In the shadows. In the shadows, undocumented or non-existent is much safer for the 12 million or more in our country.
When will we get to a point of resolution on this issue. 1/2 a million in immigration detention X 100 dollars a day or more to detain someone for a civil offense. I have to ask myself WTH...and all paid for out of our tax-dollars!
Posted by Mary Pranzatelli on 06/05/2009 @ 07:11PM PT
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Amazing isn't it Hilary, that those who claim we are wasting out tax dollars incarcerating those in our country illegally have no problem with the tax dollars that we are spending on them while they are walking around freely in our society.
The solution is when they are caught is to expedite their papers quickly and deport them quickly. End of tax costs for both problems.
Posted by Mark Lindley on 06/05/2009 @ 08:32PM PT
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FACTS
*The Legalization that 63% of Americans support for the Undocumented Immigrant will bring all people out of the shadows so they can pay into the health-care system.
*Immigrants are not entitled to welfare or social programs in the US; only citizens do. It is a myth that they drain the tax system.
*To deport 13 million undocumented people that have spouses, children and friends that are US citizens is not only in-humane but is also expensive to detain at 100 dollars a day and up plus airline tickets for the deported and guard.
*63% of Americans want reform that includes legalization and a path to citizenship because they know it is the sensible humane solution.
Posted by Mary Pranzatelli on 06/06/2009 @ 09:36PM PT
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As usual, Mary, your "facts" are wrong. Let me point them out to you.
*Immigrants are not entitled to welfare or social programs in the US; only citizens do. It is a myth that they drain the tax system.
Illegal Immigrants are denied Federal welfare.
They can receive State welfare, dependent on the State itself. And since you are using the word "immigrants" Refugee's and Asylee's receive "Federal" benefits for the first 7 years living in the states, on top of any work the may be employed in.
Immigrant Eligibility for Health Benefits: Federal Action and State Laws in 2005-2006
*To deport 13 million undocumented people that have spouses, children and friends that are US citizens is not only in-humane but is also expensive to detain at 100 dollars a day and up plus airline tickets for the deported and guard.
So it's only about the money, yet I hear no qualms from you about bailouts which cost a whole lot more.
*63% of Americans want reform that includes legalization and a path to citizenship because they know it is the sensible humane solution.
The actual number from the poll is the following:
44% believe "Stay and Apply for Citizenship"
21% believe "Stay as Guest Workers, No Citizenship"
30% believe "Required to Leave Jobs and the USA"
Kinda nullifies your claim of 63% now doesn't it. I read the pole as saying 51% beleive there should be no path to Citizenship for "Illegal Aliens", while only 44% believe they should be given a path to Citizenship.
New York Times/CBS News Poll: Obama's 100th Day in Office
*The Legalization that 63% of Americans support for the Undocumented Immigrant will bring all people out of the shadows so they can pay into the health-care system.
Again, it seems to be only about the money to you, since the employer of those here on work visa's, are required to pay their health care already for Ag labor. Others here on work visas, such as H-1B, etc, have to provide Visitors Medical Insurance themselves or in some cases it may be a benefit by their employer.
Posted by Liquids Reign on 06/06/2009 @ 10:20PM PT
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Liquid, you're referring to a different poll. The 63% number comes from the Pew poll linked to here: http://immigration.change.org/blog/view/pew_poll_63_of_americans_favor_path_to_citizenship_for_undocumented
And you can read that middle demo both ways: one the one hand, it excludes citizenship, at least in the near term. On the other hand, it also excludes deportation.
Posted by Dave Bennion on 06/07/2009 @ 08:54PM PT
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Illegal Immigrants are denied Federal welfare.
They can receive State welfare, dependent on the State itself.
The list you linked to deals largely with benefits to legal immigrants, including refugees. The majority of the state bills introduced on that list were to add additional restrictions to provision of state services to undocumented immigrants. Also, regardless of what any state does or doesn't authorize, undocumented immigrants who later try to adjust status to permanent residence may be found inadmissible on the public charge ground if they have previously received state or local public benefits, depending on what the benefit was.
Posted by Dave Bennion on 06/07/2009 @ 08:59PM PT
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*63% of Americans are in favor of the legalization of all Undocumented Immigrants as it shows in the recent Pew poll. As we have seen throughout elections Pew is an extremely credible poll.
*This poll shows that Americans are looking for solutions to the problems and not a continuation of more of the same on the current broken immigration system. This is the reality of how sensible and compassionate the vast majority of Americans are.
*The Legalization of the Undocumented will bring all out of the shadows so they can contribute into the "to be reformed" healthcare system.
*The Undocumented pay into the tax system and social security systems without fileing any claims to these benefits that all US citizens do.
Posted by Mary Pranzatelli on 06/07/2009 @ 08:11AM PT
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Let's do this Mary:
*63% of Americans are in favor of the legalization of all Undocumented Immigrants, of those 63%, 44% want a path to citizenship and 21% would allow them to have guest worker status. Would the 44%, be satisfied if the 12M+ were given guest worker status and then had to leave at the end of their visa? As the H-2A is only allowed for 10 months, this would give them the time to get their affairs in order and allow them to, in the future, return on another visa possibly. Would you be fine with that? Or because some have children here are you only for the path to citizenship due to seperation of families and removing an American Citizen from the USA?
This poll shows that Americans are looking for solutions to the problems and not a continuation of more of the same on the current broken immigration system. This is the reality of how sensible and compassionate the vast majority of Americans are.
See above. Now if we combine our numbers 51% with no path to citizenship and 63% for some form of legalization, I come to the conclusion of a guest worker solution. As I have stated before, I am all for giving them H-2A visas, 10 months and then return to their home countries. If caught as an "Illegal Alien" after said 10 months, then 6 months in jail and minimum of 10 year ban. If caught again, felony and minimum 2 years in Federal Prison.
The Undocumented pay into the tax system and social security systems without fileing any claims to these benefits that all US citizens do.
The "Illegal Aliens" aren't entitled to work legally, so if they pay into these systems, it is by their own choice fully knowing the consequences of their actions. But then those that have a w-4 claim so many dependents that their deductions are minimal at best. If they use an ITIN number to file taxes at the ned of the year, they get a refund due to their wages. They get their money back and then some from tax credits they can claim.
The Legalization of the Undocumented will bring all out of the shadows so they can contribute into the "to be reformed" healthcare syste
I sure hope you are holding your breath for this.
Posted by Liquids Reign on 06/07/2009 @ 08:49AM PT
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Wrong Poll Micro. We are talking about the Pew poll. This poll is an accurate source.
Posted by Mary Pranzatelli on 06/09/2009 @ 09:55PM PT
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An inaccurate source?? The numbers are identical. In fact the CBS poll gives you an aditional 2%. What you don't like about it is the fact that it breaks down the percentages better by giving more options in the answer coloumn. You can be dismissive of it all you want, it shows your claim of a majority wanting citizenship to be wrong. You should change citizenship to legal status. But you can not refute the majority does not want to grant citizenship.
Posted by Liquids Reign on 06/10/2009 @ 08:16AM PT
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I thought the 63% sounds awefully hokey. Most all my friends and associates want our laws enforced.
Posted by Kurt Thialfad on 06/07/2009 @ 10:40AM PT
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( You can be dismissive of it all you want, it shows your claim of a majority wanting citizenship to be wrong. You should change citizenship to legal status. But you can not refute the majority does not want to grant citizenship.)
Legal Status....will lead to the next step a path.
*Americans will not want them to fall out of status again and be faced with an underground workforce to compete against. If anything, I would think Americans would favor a path to citizenship even stronger.
*Americans want to fix it...not break it!
Posted by Mary Pranzatelli on 06/10/2009 @ 10:49AM PT
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*Americans will not want them to fall out of status again and be faced with an underground workforce to compete against. If anything, I would think Americans would favor a path to citizenship even stronger.
The majority were not "in status" to begin with, therefor, how can they then fall out of status? Initiate E-Verify, we won't have to worry about an underground workforce, which there really is no such thing since your side claims they pay taxes due to receiving paychecks.
Legal Status....will lead to the next step a path.
If they are granted work visa's, that does not put them on a path to citizenship as it is a non-immigrant visa, it allows them to stay for a period of time at teh end of which they have to either leave or adjust status with an extension. They could apply for "change of status", but then they would only change visa category, not visa type unless they marry a Citizen.
*Americans want to fix it...not break it!
American's want what is fair, the laws enforced. We understand the necessity of extraordinary circumstance for some, but that shuld be determined on a case by case basis. If they are coming here simply due to their own economic gain, then they are not the ones we want nor the ones we need.
Posted by Liquids Reign on 06/11/2009 @ 12:44PM PT
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(American's want what is fair, the laws enforced. We understand the necessity of extraordinary circumstance for some, but that shuld be determined on a case by case basis. If they are coming here simply due to their own economic gain, then they are not the ones we want nor the ones we need.)
(Who is we? When you talk about we you are talking out of your own personal opinions. We represents the vast majority of Americans and that is 63% want immigration to be reformed and the underground workforce to be legal and on their way to citizenship.
(The majority were not "in status" to begin so how can they then fall out of status? Initiate E-Verify, we won't have to worry about an underground workforce, which there really is no such thing since your side claims they pay taxes due to receiving paychecks.)
Americans want them to go on a path to citizenship because they want them in legal status. If they adjust their status without a path we run into the same problem...rather than going home they stay and fall out of status again.
*Like I said many times....They are not going home. E-Verify, ICE Dententions or not...they are not leaving their roots unless you yank them out one by one....and everyone knows that isn't going to happen nor do they want in too.
*IT IS IN-HUMANE!!
Posted by Mary Pranzatelli on 06/12/2009 @ 08:03PM PT
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*Like I said many times....They are not going home.
Actually they are going home, I suggestyou do much better research before making claims that show your ignorance. I also suggest you re-word your statements.
Illegal Immigrants Returning to Mexico in Record Numbers
DALLAS — Illegal immigrants are returning home to Mexico in numbers not seen for decades — and the Mexican government may have to deal with a crush on its social services and lower wages once the immigrants arrive.
Posted by Liquids Reign on 06/12/2009 @ 11:01PM PT
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(Actually they are going home.)
I am talking about the ones that planted their roots here. I'm on to you Micro. I know your game. You twist words around but now that you debated me on retail I realize more than ever that you are full of it.
Posted by Mary Pranzatelli on 06/13/2009 @ 12:18AM PT
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You obviously didn't read the article, did you? As thoughs with "roots" here are Taking their children with them.
The Mexican Consulate's office in Dallas is seeing increasing numbers of Mexican nationals requesting paperwork to go home for good, especially parents who want to know what documentation they'll need to enroll their children in Mexican schools. This is the first sentence and paragraph of the article. The only one here full of anything is you.
Posted by Liquids Reign on 06/13/2009 @ 08:46AM PT
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Liquid, I'm with you.
Posted by Kurt Thialfad on 06/13/2009 @ 06:55PM PT
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I guess if they deny things enough in their own minds, to them it becomes truth. Blind to reality inorder to feel like they have a purpose.
Posted by Liquids Reign on 06/14/2009 @ 09:21AM PT
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