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Biden will present reform to grant citizenship to undocumented persons on the first day of his government | The State

On the first day of his government, the president-elect Joe biden will present a reform proposal to seek to grant citizenship to about 11 million undocumented immigrants.

The Democrat’s plan has even surprised immigrant advocates, since a plan of that magnitude has divided the members of his party, added to the differences with Republicans, he indicated The Associated Press, which quotes four people who know the president-elect’s plans.

In addition to seeking to protect dreamers with a modification of the Deferred Action for Childhood Arrivals program (DACA), during his campaign, Biden announced that he would present an immigration reform to seek to naturalize the undocumented who live in the country.

The Democrat’s promise has been taken with care by activists, since in 2008 the president Barack Obama He promised immigration reform, an issue that he addressed until the second term, when DACA and DAPA emerged; the latter was to grant citizenship to parents of American children, but was detained in court battles.

However, this time the topic has a special connotation, due to the pandemic of coronavirusas at least nine million of those immigrants perform essential jobs.

“In these unique times… you have highlighted your crucial work as farm workers harvesting food for Americans; employees who stock shelves of groceries, and delivery men who bring food safely home “highlights a report from the Center for American Progress (CAP). “After decades of taking these jobs for granted, the country has realized how essential these people and their contributions are.”

If the new president’s plan continues as he presumed in the campaign, while the reform is approved, these immigrants could have relief in the persecution of Immigration and Customs Control agents (ICE), which would focus on looking for foreigners without papers and a criminal record, not people who have only violated immigration law.

Marielena Hincapie, Executive director of the National Center for Immigration Law was one of the people informed of the plan and said surprised, since it would be the opposite pole to the president’s agenda Donald trump, the agency highlighted in its report.

“This really represents a historic shift from Trump’s anti-immigrant agenda.”, said.

Ron Klain, Biden’s chief of staff, confirmed that the next president will send an immigration bill to Congress “on his first day in office,” although he did not elaborate.

President Biden reportedly made his plans known to Latino leaders last week at a roundtable by video conference attended by 19 organizations, according to the Transition Team.

“(On) his first day he plans to introduce immigration reform legislation and protect DACA recipients.”, said the campaign without specifying about the undocumented. “The group discussed the challenges faced by the majority of Latino workers who do not have the option of working remotely and the many Latino children who do not have access to high-speed Internet, which is necessary for remote learning.”

One of the attendees at that meeting, Domingo Garcia, President of LULAC, confirmed to the agency the plans on undocumented immigrants.

It was in 1986 when the most recent immigration reform occurred that gave relief to almost three million undocumented immigrants, it was signed by Republican President Ronald Reagan, but promoted by Democrats, recalled the historic activist Dolores Huerta in an interview with this newspaper.

“Of course Reagan had to sign it, because both houses approved it … I was there, in Washington,” he said bluntly, while defending the Democrats.

Plans to smooth the path to citizenship for the undocumented were also mentioned by the vice president Kamala harris in an interview with Univision, where he spoke of even reducing the route to eight years, once the “green card” was obtained.

Constant fear

Last week, a coalition of advocates for undocumented immigrants and their families asked President-elect Biden to help them through the coronavirus pandemic and stop the persecution for deportation.

“I am here today to personally ask Joe Biden to deliver on his campaign promises and to act immediately when he takes office next week to protect families like mine who have been persecuted and terrorized simply for daring to exist on this’ earth. of liberties, ‘”said Jeanette Vizguerra, an undocumented activist who has been living in a sanctuary at Denver’s First Unitary Society since 2015.

The group came to Delaware with the support of religious organizations and advocates for immigration and civil rights.

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Coalition of Undocumented Immigrant Families Calls on Biden to Stop Deportations | The State

Vice President Biden promised deep immigration reform.

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Chip Somodevilla / Getty Images

A coalition of advocates for undocumented immigrants and their families called on the president-elect Joe biden help them in the face of the coronavirus pandemic and stop the persecution for their deportation.

“I am here today to personally ask Joe Biden to deliver on his campaign promises and to act immediately when he takes office next week to protect families like mine who have been persecuted and terrorized simply for daring to exist on this’ earth. of freedoms’ ”, expressed Jeanette Vizguerra, an undocumented activist who has been living in a sanctuary at Denver’s First Unitarian Society since 2015.

She joined a group that traveled to Wilmington, Delaware, to ask the Democrat for a meeting, even though she and other applicants were in danger of being detained by Immigration and Customs Enforcement agents (ICE).

“I hope that the people, and especially the president-elect, understand the seriousness of the suffering we face and that led me to take risks today.”Vizguerra explained.

Among the organizers of the Familia coalition are the Trans Queer Liberation Movement, Metro Denver Sanctuary Coalition, Never Again Action, RAICES, Immigrant Justice Network, among others.

They demanded a moratorium on all deportations, as well as administrative relief for all undocumented, a group targeted by President Donald Trump, they charged.

“From your first week in office to your last, Donald trump it has mercilessly attacked immigrants, systematically undermined our rights and unleashed a torrent of abuses against us, ”he said. Nancy meza of RAICES.

The group was supported by religious groups leading the same fight and provided hospitality at Grace United Methodist Church.

“Our scriptures remind us that we should treat the stranger among us as one of our own,” said the Reverend Edwin Estevez, Grace’s senior pastor.

The president-elect Biden has promised that one of his priorities will be immigration reform, which would include a citizenship plan for the undocumented, in addition to redirecting ICE’s actions, to focus on the arrest of immigrants with criminal records.

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New Trump Administration rule could reverse decisions of immigration judges and speed up deportations | The State

The measure will take effect on January 15.

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John Moore / Getty Images

A new rule for immigration judges that will apply from January 15, 2021 could reverse decisions on different types of cases.

This is established in a new rule published in the Federal Register that modifies the powers of the Board of Immigration Appeals (BIA).

The fund of the change removes the discretionary power of the judges to decide on different cases and opens the possibility that the BIA reverse the sentences, such as the blockade of deportations.

The rule was announced by the Department of Justice (DOJ) last August as a way to “amend” the Executive Office for Immigration Review (EOIR) regulations.

A Univision report indicates that the change had been taken into account in 2018 by the then attorney general Jeff Sessions.

At that time, it was sought to limit the power of immigration judges, in order to speed up deportations, preventing the so-called “administrative closure” of cases.

The DOJ defends the adjustments considering that the cases cannot be closed “administratively”.

“The Department also proposed to amend the regulations to make it clear that there is no independent authority from immigration judges … or BIA members to administratively close cases.”, indicates on the ruler.

It adds that it removes “unenforceable or unnecessary provisions” from appeals procedures.

“This final rule responds to comments received in response to the NPRM and adopts the NPRM with minor changes as described below,” it specifies.

A lawyer consulted by the television station, Rebeca Sánchez-Roig, He said the rule is bad news in a number of ways, as it will allow expedited deportations.

He added that the provision grants broad power to a “political appointee”.

“It authorizes him to reverse, by himself, the decisions of the BIA if requested by an immigration judge”, Explain.

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Headline USA New York

Lawyers Warn Danger of Deportation of Minors Without Parents in the US The State

The unaccompanied minors They face a new challenge, after their lawyers are receiving notifications from the courts to present evidence on their clients within 30 days or they will be deported.

The number of court subpoenas has been on the rise in a crusade that advocates call unusual, according to a report by Gothamist.

“The immediate concern is that if we don’t file something with the immigration court, the court will find them deportable.”Immigration lawyer Alexandra Rizio warned the portal.

He added that this means that, at any time, Immigration and Customs Enforcement officers (ICE) could search for these minors for removal from the United States.

The expert is part of the Safe Passage Project, a non-profit organization in New York that represents about 1,200 unaccompanied minors.

These children or adolescents came to the United States fleeing violence or economic crises in their countries, but they came to the nation without a guardian or parent.

There are different processes for these cases, such as applying for asylum or obtaining immigration protection if they show that they were abused or abandoned by their parents, but both cases take years.

The expert told the portal that the requests for tests occurred in cases postponed in court due to the coronavirus pandemic, in addition to the fact that the letters have a very similar wording.

Gotamist cites organizations in other parts of the country, such as Massachusetts, that also received the notifications.

Anthony Enriquez, who runs the unaccompanied minors program at Catholic Charities Community Services in New York, said the petitions generate additional complicated paperwork for the defense, to the detriment of minors.

He warns that this means that due to time, they would not be able to bring the complex cases to court on behalf of the minors, who could be deported.

The Executive Office of Immigration Review (EOIR), which administers the immigration courts of the Department of Justice, did not explain why it is sending these extra requests.

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Headline USA Politics

What is the “powerful weapon” against immigrants that activists ask Biden to remove from ICE | The State



Organizations defending immigrants are calling on the president-elect Joe biden to suspend the use of a digital “dangerous weapon” used by agents of the Immigration and Customs Enforcement Service (ICE) during the arrests of undocumented persons.

This is EAGLE Directed Identification Environment (EDDIE), a little-known program through which ICE officers can collect, through a mobile device, the biometric data of immigrants, including fingerprints, Mijente and the Just Futures Law group of lawyers warned.

EDDIE began to be used during the President’s Administration Barack Obama (2009-2017), but gained popularity under the mandate of Donald trumpsaid the organizations, which released a report this week on the controversial tool after pressuring the government to reveal more information through a petition under the Freedom of Information Act (FOIA).

“It’s something that started with Obama, they expanded it under the Trump administration and now the question is whether the Biden Administration is going to continue the program or stop it, and if it is going to stop investing in these forms of technology, what they do is the same: separating families “Vera Parra, spokesperson for Just Futures Law, a lawyer organization that supports immigrant defense groups, told Efe.

According to activists, this digital tooll “allows agents to register immigrants or ‘booking’, as well as interrogations, out of the public eye”, and “abuse is more likely.”

“EDDIE can lead to abuse, racial profiling, and officers do not have to follow the protocols they are supposed to follow”Parra warned.

“ICE agents use EDDIE to collect fingerprints from people on the street, often not the people they are targeting, and that data ends up in software produced by Palantir, Amazon servers and all kinds of technology provided by companies. to monitor immigrants. This data network must end ”, he said for his part Jacinta González, of Mijente.

With this tool, agents can with a mobile phone and a portable scanner take and store photos and fingerprints of the immigrants while the device records the location of the arrest through its connection to the global positioning system.

Likewise, EDDIE searches numerous biometric databases for matches, including Interpol, and returns results in less than a minute.

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Do undocumented immigrants who signed their voluntary departure to ICE have legal options? | The State



At least 180 undocumented immigrants were detained and placed in immediate deportation proceedings by Immigration and Customs Enforcement (ICE).

The process for that agency is easier under the operative Broken promise, focused on those who signed their voluntary departure, where the date on which those people would leave the United States is specified, but they did not.

These foreigners are in the system of the Department of Homeland Security (DHS) and it would be – in theory – easier to find them, although some change addresses, but it would not be difficult to find them.

“ICE takes seriously its obligation to enforce our nation’s immigration laws”, he delivered Tony H. Pham, acting director of the agency. “Those arrested in this selective operation broke their promise to the United States government and we are enforcing the consequences of that dishonesty.”

Although immigrants who sign these voluntary departures restrict their options to stay in the country, activists and lawyers point out that there are options, depending on each case.

It is important to remind the undocumented that by signing voluntary departure they are agreeing to a final order of deportation, which is difficult to reverse.

Although if immigrants show that they signed out under pressure or duress, that opens some legal channels that would take time, but could work in their favor.

This would have better results if the foreigner manages to prove his statement within the 60 or 120 days that ICE gives the window for him to leave the country. Again: each case is unique and will depend on the evidence.

Those undocumented who are married to a US citizen can apply for their Permanent Residence, but that will require a request for forgiveness, which will force you to go to your country to conduct the interview and re-enter the US legally. This process can take years.

It should be remembered that people deported after breaking their promise must obey the call Punishment Law, which will sanction them for up to 10 years to re-enter the country.

As always, we suggest you consult an attorney before undertaking any immigration procedure and to evaluate your options.

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Headline USA Los Angeles Politics

3 changes with Trump that put more people in danger of deportation | The State



The wave of new instructions to immigration agents by the President’s Government Donald trump It is targeting the petitions of hundreds of immigrants who are at risk of being deported or unable to obtain benefits, experts warn.

In the last week the Department of Homeland Security (DHS) and the Immigration and Citizenship Service (USCIS) have launched new guidelines and regulations that make it difficult for immigrants to successfully get their petitions approved, he warned Fernando Romo, immigration attorney and principal advisor to the Los Angeles Association of Salvadorans (ASOSAL).

“They are basically ordering USCIS officers to dig deeper into the cases, and the discretion of non-approval is increasing so that the negatives outweigh the positives.”, explains Romo.

“If we do not pay attention to these changes this will cause many immigrants to be at risk,” insists the lawyer.

1. Not eligible for citizenship

The lawyer highlights the modifications made this Wednesday to USCIS Policy Manual, which targets immigrants who make their citizenship petitions.

In a press release, the agency said that some immigrants obtained their lawful permanent resident status “by mistake, fraud or failure to comply with the law,” so they will not be eligible for naturalization.

The new guidance “states that an applicant is not eligible for naturalization in cases where the applicant did not obtain permanent residency status legally, including cases in which the US Government was not aware of disqualifying material facts.

Romo cautions that the interpretation is too broad, and it can cause a permanent resident to be disqualified from citizenship for failing to report a prior deportation, a prior crime, or even being married in petitions declaring they were single. Also for presenting false employment letters, among others.

“Now they will be with a magnifying glass on the cases, and they will consult their databases, which are now more up-to-date and where the frauds are reported”, he emphasizes to the lawyer, who warns that this can mean that many cases end in a “nightmare”.

Additionally, USCIS officials will pay special attention to ensuring that immigrants have not abandoned their permanent residency status, when leaving the country for long periods without a permit from the immigration authorities.

The agency warned that when “the application for naturalization is generally denied, the applicant is placed in removal proceedings.”

The modification came less than a week after the naturalization questionnaire was expanded, which in the opinion of activists, represents a new barrier for immigrants.

2. More rejections

This is not the first time the Trump administration has imposed procedural changes. This Thursday a coalition of immigrant advocates filed a lawsuit against USCIS and DHS over a new policy of rejecting applications that have a blank response field.

In the complaint filed in federal court in San Francisco, the plaintiffs note that USCIS has rejected applications for leaving boxes blank even when the question is not applicable, for example, when the applicant does not include an answer for the middle name because it does not have a middle name.

“USCIS’s denial policy is petty, dishonest, and illegal”said in a statement Mary Kenney, Deputy Director of the National Immigration Litigation Alliance (NILA), one of the plaintiff organizations.

“His rejection of thousands of applications for humanitarian immigration benefits because the applicant left a blank space instead of putting ‘N / A’ has no legitimate agency purpose, but has caused great harm to vulnerable immigrants,” said Kenney .

In that regard, Matt Adams, legal director of the Northwest Immigrant Rights Project (NWIRP), said that “this policy is clearly aimed at preventing people from obtaining the humanitarian benefits that Congress has provided.”

For his part, the lawyer Zachary Nightingale, a partner at the Van Der Hout LLP law firm, stressed that “the rejections are so seemingly absurd that the true purpose, to deter and prevent valid claims, becomes undeniably clear. Shamefully, this time around, the target includes some of the most vulnerable and skilled immigrants. “

3. Without permission to work

This week DHS also released a proposal that seeks restrict the approval of work permits to foreigners with a deportation order.

The “Notification of the proposed regulation”, which was published this Thursday in the Federal Register and entered a period of 60 days to receive comments on the “Authorization of employment for certain classes of foreigners with final expulsion orders.”

According to USCIS, under current regulations, “an alien who has a final removal order and who is temporarily released from DHS custody under an order of supervision (OSUP) is generally eligible for an employment authorization document (EAD).” .

Although the measure will specifically affect those people whose deportation has been ordered, but it cannot occur because their country does not accept them, Romo warns that this measure may affect more migrants if the president-elect reduces deportations.

“In the Obama administration, those who had a strike upon deportation had the right to their work permit, if this measure remains in force, it will not allow them to obtain this permit”, alerts the lawyer.

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ICE to End Collateral Detentions of Immigrants in Biden Raids | The State



One of the first actions of the government of the president-elect Joe biden It will end with the so-called “collateral arrests”, with which the Immigration and Customs Control agency (ICE) justifies the arrest of undocumented persons who do not have a criminal record.

According to a report by CBS News, the first immigration actions contemplate various aspects, including restoring Deferred Action for Childhood Arrivals (DACA), as promoted by the president Barack Obama.

Travel restrictions will also be lifted on 13 Muslim-dominant African nations, in addition to stopping ICE’s plan to arrest any undocumented, to focus on arrests of criminals.

“Biden will seek to implement a 100-day deportation freeze, while his administration issues guidance to narrow down who can be arrested by immigration agents.”, indicates the report.

A source consulted by Cana confirmed the plans and the new guide that will help reduce the fear of the undocumented that they have not committed crimes.

“All those things were done administratively through the executive authority [del presidente], so a new Executive can basically reject them and start from scratch “the source told CBS News.

President-elect Biden’s immigration plan is very broad, but the substantive measures will depend on Congress, such as ensuring the path to citizenship for the “dreamers” and the 11 million undocumented immigrants.

Experts have advanced that the Democrat’s plans will take months or years, because the president Donald trump he seriously modified the immigration system, with more than 400 adjustments, including legal processes.

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ICE would search for undocumented immigrants through their cell phones | The opinion



Immigration agencies against undocumented immigrants would have new tools to locate them, detain them and process their deportation.

The foregoing with the help of cellular databases that the Department of Homeland Security is acquiring (DHS), a measure that has alerted advocates of the right to privacy.

BuzzFeed News obtained a memorandum from DHS, where the lead attorney, Chad Mizelle, describes how immigration officials could search for locations and track cell phone data activity to make decisions about possible operations against undocumented immigrants.

The tool would be used by ICE agents and the Border Patrol whose officers would not have to obtain a court order.

“This raises concerns about the collection of highly private location data from Americans [sobre] all aspects of our lives ”, he warned Nathan Freed Wessler, an ACLU attorney with expertise in privacy issues.

The new system, which would seek to avoid the Fourth Amendment, could affect US citizens.

Adam Schwartz, a senior attorney for the Electronic Frontier Foundation told the portal that the memorandum was “disturbing,” as it projects wide scope of action and various privacy violations.

According to the memorandum, the data would not reveal the immediate identity of the people, but could facilitate the investigation of immigration agents.

There are some systems that agencies such as ICE and the Border Patrol already use, which allow reviewing telephone data, but on a case-by-case basis, obtaining a limited number of information without the identity of users.

DHS agencies have different ways to collect data to locate undocumented persons and process their deportation.

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ICE would track immigrants through their cell phones | The NY Journal


ICE has various tactics to find undocumented people.

Photo:
John Moore / Getty Images

The Department of Homeland Security (DHS) is acquiring cell phone databases so immigration agencies can track immigrants through their phones, which has sparked privacy alerts.

DHS’s chief attorney, Chad Mizelle, describes how officials from the Immigration and Customs Enforcement office (ICE) could search for locations and track cell phone data activity to make decisions about possible operations, it reported BuzzFeed News.

Privacy experts unleash alerts, as both ICE and the Border Patrol they could use the data “without obtaining a court order or without violating the Fourth Amendment,” which protects people from seizures without good cause.

“This raises concerns about Americans’ collection of highly private location data that reveals where we sleep at night, where we go to the doctor, who we spend time with and all aspects of our lives,” he warned. Nathan Freed Wessler, an ACLU attorney with expertise in privacy issues.

He added that currently the Police should ask the judges for that permission, something that with the new system they would not do, even on US citizens.

Another expert consulted by the portal, Adam Schwartz, a senior attorney for the Electronic Frontier Foundation, called the memorandum “deeply disturbing,” due to its scope and privacy violations.

Although the data would not reveal the immediate identity of the people, immigration officials could make a correlation on the places visited and the property.

Currently the Border Patrol can review data on telephony, but does so on a case-by-case basis, obtaining a limited number of data without the identity of users.

Migration agencies seek in different ways to collect data to find undocumented persons and process their deportation, including reviewing driver’s license data in states where these immigrants are issued, as well as reviewing social media.

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