Immigration Droppings

"Keep Our Communities Safe Act of 2011"

Tomorrow the House Judiciary Committee will work on the Keep Our Communities Safe Act of 2011.   After the work is done, the committee will vote and if approved it would go to the full House.  The Act vastly broadens detention and could cause a "break in the dam" of the overburdened detention system itself.  It will lengthen detention of some immigrants.  It will cause substantial harm specifically on asylum seekrs.  But most importantly, it will increase the cost of detention to the federal government.  

There are better places to spend our money then on detaining people who are seeking refuge from countries like Somalia, Syria, Egypt, Libya, Afghanistan, Iraq, and Iran.  Those who haven't committed any crimes should not be detained.  Those who are seeking refuge should be permitted to work and begin to incorporate themselves into our way of life.  Detaining asylum seekers is not the answer. 

The detention system is broken and lengthening and broadening the scope of who is detained is not the answer.  If this bill makes it to the full House, please call your local representative and ask them to vote no.  It's important to fix the system overall, not just a small portion of the pie (if this would even be considered a fix).  

Philip Eichorn

AILA Ohio Meets with ICE Chief Counsel - Morton Memo Discussed

Today, various members of the Ohio American Immigration Lawyers Association (AILA) met with the Chief Counsel of Immigration and Customs Enforcement (ICE).  It's important to understand that the Chief Counsel's office is responsible for the removal prosecutions throughout the country as well as advising on other enforcement processes including but not limited to worksite and I-9 enforcement.  The Chief Counsel's office in Detroit, is responsible for the states of Ohio and Michigan.  

One of the primary topics of conversation today was the recent memorandum on prosecutorial discretion.  PD as it is called is a mechanism to afford qualifying persons in removal or proceedings (or sometimes prior to the initiation of proceedings) administrative grace or avenues to either obtain status through removal proceedings or to have their matter deferred or even dismissed.  The recent memorandum reinforces the qualifying factors and identifies the primary negative factors.  The memo is not binding but does provide guidance to all key agency policy.

The primary issue with the memorandum is not the substance (at this point).  The issue is its release without a process to implement.  It's important to understand that many ICE trial attorneys and key personnel are legacy INS officers who were around when 9/11 shattered our world.  Their roles were the strict enforcement of policy.  However, the paradigm has shifted and those embedded ideals are deep rooted and will take time to change.  

It's probelmatic that ICE issued the memorandum without first training re-acculturating the policies embedded therein.  This became evident in the meeting today however our own Chief Counsel appears to be on board with the goals of the memorandum.  We sincerely hope he can instill this apparent belief in the policies to some of those personnel who are hardened legacy INS thinkers.  

Philip Eichorn

Citizenship Victory in Cleveland

We received an Oath Ceremony letter this weekend for a client whose N-400 Naturalization Application had been pending for over 18 months.  CIS issued a NOID and alleged false testimony and failure to maintain status.  CIS did not provide us with any evidence to support their allegation of false testimony.  We filed a FOIA request and a terse response to the NOID.  One year later CIS issued a new biometrics notice and within weeks after receiving that notice, an Oath Ceremony letter.  It certainly appears that our arguments prevailed as client was not called back for another interview and the case was approved based solely on the response to the NOID.  

Sometimes it would be nice for CIS to issue a decision indicating why they agreed with us so that we know they are either on board with our arguments or they just don't want to deal with the issue! 

Philip Eichorn

Cleveland Immigration Lawyer

AILA Annual Conference - Concluded

Back to the working world as of now.  The annual conference did not dissappoint.  There were exceptional panelists discussing a variety of topics including but not limited to litigating Silva-Trevino issues, new tendancies in suppression motions, and trends in fraud investigations (both in the employment visa context and the family/spouse visa context).  The conference, as usual, provided an excellent opportunity to network and learn from other practitioners.  The American Immigration Council's annual benefit dinner was again inspiring and educational.  I'm already looking forward to the Fall Conference!  

 

Philip Eichorn

Gor - Supreme Court Conference

Tomorrow, the Supreme Court will conference on Gor v. Holder.  We are holding our breath and praying the Court grants cert and will hear this case.  The critical arguments are 1) whether or not an agency can strip an Article III court of jurisdiction by promulgating a regulation that is not fully authorized by statute and thus violate the Separation of Powers ideal and 2) whether or not there is redress within the law for colorable constitutional claims and questions of law if the numerical and time limits (promulgated by an agency) have exhausted.  

Philip Eichorn

AILA Annual Conference

Tomorrow starts the annual confernce of the American Immigration Lawyers Association (AILA).  It should be an outstanding event in San Diego.  This will be my third year attending and quite frankly I learn more in these three days than any other time during the year.  We get to hear tales of new and inventive ways to handle common issues.  

As busy practitioners we are not able to be present in other lawyer's trials/hearings.  Thus we don't get to see their tactics.  Also, there are tons of different perspectives on the same issue sometimes generated by different circuit law around the country.  This is an awesome opportunity to pick the brains of much more experienced practictioners as well.  

This confernce is also very inspirational.  You get the energetic feeling each time you enter the classroom as so many people are grasping for the tiny bits of information that could help them save one of their clients.  Then there are the people who donate their time and tirelessly work pro bono and do amazing work.  

For the past two years I've returned to the office inspired.  I look forward to that feeling on Tuesday next week.  

Cleveland and Charlotte's Immigration Lawyer