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They demand that ICE comply with Biden’s order to avoid deportation of Honduran from the Bronx | The State

Relatives of Javier Castillo Maradiaga and pro-immigrant activists demanded compliance with the executive order of President Joe Biden that put a stop to deportations, which would prevent the Honduran from being sent to their country this Monday.

Castillo, 27, a resident of the New York county of The Bronx, was brought to this country when he was 7 years old and has been in a detention center in Louisiana for 14 months.

The Honduran, who qualifies for the Deferred Action for Childhood Arrivals (DACA) program, in which his sister Dariela Moncada participates, is one of a group of immigrants who are expected to be deported at two in the morning of that Monday .

This week new President Biden signed an executive order putting a high of 100 days to deportations, with a few exceptions.

Although the Immigration and Customs Enforcement Service (ICE) assured New York Channel 11 that they respect the executive order, Castillo’s defense affirmed that the deportation order is still in force for this Monday.

“My son belongs to this country,” said his mother, whose name was not indicated, during a demonstration in support of the immigrant in the plaza. Foley Square in Manhattan, steps from ICE headquarters in New York.

He then asked “since when is ensuring the welfare and future of our children a crime? If it’s a crime, I’m going to do it again ”·

Moncada, who was holding a sign with the message “free my son” while other protesters held photos of Javier, also addressed politicians to affirm that “we want answers, not promises.”

“The only crime we have committed (by emigrating to the US) is wanting a better future and being useful to this country that has adopted us,” said the woman, a front-line employee who works cleaning a hospital, what he did during the covid-19 pandemic.

“I want to ask all mothers how it feels not to be able to give their son a hug in 14 months, not to give him a word of encouragement if he feels bad,” he said.

The new congressman for the Bronx Ritchie Torres wrote a letter to Immigration, concerned about the future of the Honduran, also points out Pix 11.

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The 3 types of undocumented persons detained by ICE that would be deported despite the moratorium announced by Biden | The State

Judge Dana Sabraw maintains a temporary halt on certain deportations.

Photo:
EFE / Esteban Biba / ARCHIVE

He Department of Homeland Security (DHS) released a memo that clarifies who are the undocumented persons detained by immigration authorities who will not be released or will continue to be subject to deportation despite the new order announced by the president Joe Biden for a 100-day hiatus that went into effect on Friday.

The three types of immigrants who will not be saved from deportations

On the list are migrants who arrived at the border after November 1, 2020.

Other immigrants who would be removed from the country are those who represent a risk to public safety, such as those prosecuted for terrorism; and those convicted of serious crimes.

The new provisions contained in the document were sent by the acting secretary of the DHS, David pekoske, this Wednesday to the heads of all relevant immigration agencies.

The new guidelines focus on educating immigration officials on the approach to arrests and deportations in the wake of the moratorium announced Wednesday.

According to the report from the Center for Immigration Studies (CIS.org), in practice, this means that as of February 1, ICE must release criminal aliens and others in custody to whom none of the three applies. previous classifications even if they have a court order for removal and have exhausted all appeals. The moratorium would include undocumented persons convicted of domestic violence, sex crimes, driving under substances, theft resulting in the loss of less than $ 10,000, and many other crimes.

For its part, the Fox network reported this Friday that officials from the Immigration and Customs Service (ICE) in Texas they received an email the day before asking them to immediately stop all removals by “midnight today.”

The report makes no mention of the exceptions noted above.

Order to suspend deportations for 100 days

The measures that DHS has already begun to take in conjunction with other agencies such as ICE are in accordance with the president’s order regarding the 100-day suspension of deportations effective this Friday.

Following the Biden Administration’s measure, Texas Attorney General, Republican Ken Paxton, filed a lawsuit against the federal government for acting arbitrarily by setting the 100-day hiatus without first consulting the state.

“The action [del gobierno] it violates the constitution, federal immigration laws and the contractual agreement between Texas and the Department of Homeland Security (DHS, in English), ”says the lawsuit before the South Texas District Court cited by the agency Efe.

Paxton, who led and pushed for a petition for the US Supreme Court to block the certification of Biden’s presidential victory in the general election, is now demanding the lifting of the moratorium.

The attorney general called DHS’s action “capricious” and “ill-intentioned” by “not considering or analyzing the costs that this action will generate” for the state of Texas, bordering Mexico.

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Jonathan Fahey, Acting Director of ICE Resigns | The State

The outgoing government continues to grapple with resignations within days of Joe Biden’s inauguration as 46th president of the United States.

According to CNN, Jonathan Fahey, Acting Director of ICE resigned from his post despite taking it on a few weeks ago. The information was provided by an official of the Department of Homeland Security (DHS).

Fahey is the latest casualty in the Trump administration. Last week, DHS Acting Secretary Chad Wolf resigned, as did the DHS secretary. Transportation Elaine Chao and Secretary of Education Betsy De Vos.

Fahey took office on December 31 after the last incumbent, Tony Pham, resigned despite taking office in August. It is unclear if the assault on the Capitol led Fahey to resign or if it was something motivated by Wolf’s departure.

ICE was one of the most critical agencies in the Donald Trump government for the separation of families by raids on immigrants who do not represent a danger to society. Abuses in detention centers were also reported by immigrants and activists.

Biden will assume the presidency on Wednesday, January 20. The president-elect promised immigration reform to favor “Dreamers” and TPS beneficiaries.

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A 100-day deadline to improve the immigration system | The State

“Our community cannot wait any longer and we hope that this Administration is prepared from day one to propose an immigration reform that is inclusive for all the communities that are also suffering from this pandemic.”

Manuel Castro, executive director of New Immigrant Community Empowerment (NICE) does not want Joe Biden’s government to lose a minute after being sworn in as the new president of the United States on the 20th. Castro and other lawyers of the pro-immigrant movement in New York want see results in 100 days.

The director of NICE spoke on Friday together with lawyers, organizations such as the New York Immigration Coalition and other allies to demand that the government of Donald Trump and his adviser, Stephen Miller, have done with the country since 2016 be undone, especially when has supported the new administration with the vote.

The immigrant community has supported the Democratic nomination with its vote and it is time to make your voice reach. “We have done our part and now we have to fix the immigration system,” explained Murad Awawdeh, co-director of NYIC. Dismantling the Trump legacy is the priority but it is not enough. “Meaningful transformation requires more than going back,” Awawdeh explained.

These organizations ask the next chief executive to end the so-called Muslim ban, which makes it difficult for nationals of various countries to enter the country and limits the possibility of asylum. In line with this, the end of other travel and entry bans is demanded in addition to the restoration of the refugee program. Trump has cut the influx of refugees to a maximum of 15,000, the lowest number since the 1980s. Biden has promised to raise this quota to 125,000.

Moratorium on deportations

Additionally, an immediate moratorium is requested on all actions by immigration authorities, including deportations, detentions and arrests.

Immigrants and their attorneys call for the DACA and TPS program to be reinstated and expanded in addition to creating a path to citizenship for 11 million people who are still in the shadows and for four years have lived with the anxiety of having migrants lurking .

Castro stated that after these years the immigrant communities are tired. “The Democrats have to answer to our community, because their failure to reform immigration a decade ago has resulted in the separation of thousands of families, children have been put in boxes and millions are experiencing a historic pandemic without support. ”.

“Many die sick and go hungry,” said the NICE director, referring to the health and economic havoc that COVID is causing among immigrants.

The director of NICE explained in a video conference that there is no time. “They don’t tell us that we have to work on the legislation because they have worked on it for decades and if they don’t have a proposal in New York we have one, no more excuses, no more delays.”

Detail of a campaign with posters in Brooklyn in support of the dismantling of the migra./El Diario

In the same videoconference, attorney Juliana Pérez Calle, a lawyer specialized in assisting people in deportation proceedings explained that what they ask of the Democratic leaders of Congress Chuck Schumer, Nancy Pelosi and the future President Biden is to dismantle “ICE and all the deportation machinery ”.

“At this time we call for an immediate moratorium on deportations and detentions practiced by ICE and we ask that all detained immigrants be released immediately,” demanded this lawyer.

Decriminalize immigration

Nyasa Hickey, Director of Immigration Initiatives at Brooklyn Defender Services explained that it is necessary for the immigration system “to recognize the humanity of all people and to echo the values ​​of equal justice and due process for all.” This lawyer thinks that we must go beyond the human rights violations by Trump on immigration issues and we must eliminate the simple and false narrative that there are good and bad immigrants.

In addition to joining Pérez Calle’s requests regarding the moratorium on deportations, Hickey explained that ICE’s budget should be reduced, offer universal access to lawyers to immigrants who may be deported, and “separate the criminal system from the immigration system.”

“We are prepared to fight for our families and for our communities as we have never been before,” said Manu Castro, from ICE, “no more delays, no more excuses.”

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What Immigrants Should Avoid With Proceedings Before USCIS, ICE And Courts During Coronavirus Pandemic | The State

Refusing to provide the data could mean the denial of the visa.

Photo:
John Moore / Getty Images

The fear of contagion to coronavirus can lead immigrants to avoid continuing with their immigration processes in court, consult a lawyer or promptly monitor their processes at the Immigration and Customs Control offices (ICE) and Citizenship and Immigration Services (USCIS), but it is the worst mistake you can make for your stay in the United States.

This was explained by the Dr. Nelson Castillo, of Immigration Today, who indicated that there are options so that people do not expose themselves all the time to COVID-19, since the first consultations with lawyers can be by phone or video, to provide adequate advice, especially if the person faces deportation proceedings or is about to lose their immigration protection.

“During the coronavirus pandemic for an immigration consultation it is not necessary for one to have the person in front of him, to be able to talk to him, discuss, answer all the questions he has … and then give him legal advice”stated Dr. Castillo.

He added that there are people who go to the other extreme, that is, they want to see their lawyers in person all the time, without this being necessary in the first parts of the consultation process.

“All immigration inquiries are made by phone, but there are people who when you tell them that say: ‘Oh, no, I’m going to wait until it opens and I’m going to call you back’… and sometimes they have cases that need to be seen immediately, ”he warned. “It’s something that people have to engage, they have to understand the situation, they have to engage.”

He warned immigrants to avoid having a notary public or multi-service office staff fill out the official forms to send to USCIS or other immigration agencies, as they may contain irreparable errors.

“It is important to remind immigrants not to go to the notaries to fill out their immigration forms, to the multi-service offices…. They should not go there under any circumstances “, he indicated. “They better investigate. There are different ways you can seek legal help, there are non-profit organizations, which are authorized by the government, who have people who are licensed, people who are lawyers who are licensed or accredited by the federal government.

Scheduled appointments

Even when consulting with lawyers, it is important to follow the recommendations of the authorities regarding due protection.

“After the immigration consultation we need to meet with the client many times because original documents have to be signed to send them to the governments, but people have to take care of themselves, take precautions”specified the lawyer practicing in California.

Currently immigration offices, such as ICE and USCIS operate with restrictions, under scheduled appointments and although these can be changed, the ideal is to attend as soon as possible with due precautions, such as social distance, the use of masks and antibacterial gel, measures that will continue even with the new government.

“The US government has given certain extensions to try to accommodate people in these difficult times, but if you do not know, do not understand what the law provides or may not miss an opportunity ”, Explained the expert. “Many of those things are advertised on the immigration website, if the person is not following the immigration offices, they may not find out. Sometimes they may receive wrong information ”.

Easy and safe consultations

Dr. Castillo indicated that there are people who do not know how to properly use the tools on the internet, but consultations with lawyers are easy over the phone and can receive adequate guidance.

“In our migrant community there are people from the most sophisticated, studied and with many positive things for them, to people who cannot read or write or use a computer. We help everyone, “he said. “The key is that the community fits in, adjusts to the new reality that we live in.”

The advices

  • Follow the coronavirus care protocols: use of a mask, social distance and use of antibacterial gel
  • Consult a certified immigration expert: lawyer or recognized civil organization
  • Avoid filling out forms before notaries public or in multi-service offices
  • Attend appointments before ICE, USCIS and courts
  • In case of illness it is better to postpone your appointments with immigration authorities on time

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Why is it important for a judge to order the Trump Administration to release their case information to immigrants? | The State

The immigration agencies must submit the information through FOIA.

Photo:
John Moore / Getty Images

With the right information about their cases, thousands of immigrants can advance their requests for immigration protection, even avoid deportation, but the current government has complicated the delivery of documents.

Because of this, a group of activists and migrants filed a lawsuit against the President’s Administration Donald trump, to deliver the information required by the Freedom of Information Law within reasonable time limits (FOIA, for its acronym in English).

The lawsuit was against the Office of Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE), to which he pointed out that he did not respond in a timely manner to requests for documents made by immigrants, who could lose their stay in the country.

The judge’s decision William H. Orrick requires agencies of the Department of Homeland Security (DHS) take appropriate measures to respond to requests on time.

The American Immigration Council led the demand on the so-called A-Files, that is, those that integrate immigration information and the process path of immigrants.

“The delay leaves people in legal limbo, facing financial and emotional difficulties”, indicated the organization. “Now the agencies must attend to the decision.”

The turnaround time for a FOIA request should be 30 days, but immigration agencies take months or more than a year to do so.

Judge Orrick found that USCIS and ICE violated the law by not responding in time to requests to the detriment of the plaintiffs’ immigration protection.

With the information requested, immigration attorneys can correct potential errors in their clients’ cases, many of whom could be deported if not corrected in time.

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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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Acting Head of ICE, promoter of Trump’s toughest measures against undocumented immigrants, leaves post | The State

Pham was a regular critic of cities that offer “sanctuary” to undocumented immigrants.

Photo:
John Moore / Getty Images

WASHINGTON – The Acting Director of the Immigration and Customs Enforcement Service (ICE), Tony Pham, announced this Friday that he will leave the position he has held since August at the end of the month, at the end of a management that included some of the toughest measures of the president Donald trump against immigrants.

“I am grateful to the Trump Administration for giving me the greatest honor of my career in the service of my adopted country,” the Vietnam-born official said in a statement.

“Running a law enforcement agency with such a committed staff has been an honor for me,” he added. “I have met many extraordinary employees throughout the United States, and I will continue to be a tireless advocate for the hard working men and women at ICE.”

“However, at the end of the year I will return home to Richmond, Virginia, to be closer to my family,” Pham explained.

Battle against the “sanctuary cities”

In tours of the country since his appointment as head of ICE, Pham criticized cities that offer “sanctuary” to undocumented immigrants and approved the placement of large posters in Pennsylvania, before the November presidential election, arguing that immigrants without papers present a danger to public safety.

During the controversy in October over the cartels, Pham said that “sanctuary policies too often limit cooperation with ICE and result in situations of concern for public safety.”

Pham began his career at ICE in January 2020 when he became the agency’s main legal advisor and has decided to end it when the emigration of officials who have served in the Trump Administration begins, which ends on January 20. .

He ICE It has not had a director confirmed by Congress since Trump came to power in 2017: its first acting boss, Thomas Homan, was nominated but never succeeded in getting him ratified, and the president appointed Ron Vitiello to replace him.

Matthew Albence replaced Vitiello, who stepped down in April last year after Trump revealed that he had withdrawn his nomination to head the agency.

Subsequently, that position was assigned to Mark Morgan, who would later go on to lead Customs and Border Protection (CBP), with which Albence would once again be in charge of ICE until his resignation at the end of last July to be replaced the month next by Pham.

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Immigrants detained by ICE say they will go on hunger strike until they are released or die | The State

At least eight immigrants are on hunger strike.

Photo:
John Moore / Getty Images

Latino immigrants in a detention center in Bergen, New Jersey, who have been on a hunger strike for 22 days due to the conditions of their confinement, assure that they will maintain the measure until they are released “or we die of hunger”, and have reported that the Immigration and Customs Control Service (ICE) threatened to force them to eat.

“We are not criminals for ICE to treat us the way it is doing. He puts us in the same uniform as other prisoners convicted of many crimes and we are not that kind of person “, says the letter signed by eight Latino immigrants on hunger strike and posted on Twitter.

They add that although they do not consider themselves “better or less than they (the sentenced), we believe that they should treat us in a better way because we are not paying any sentence; the only crime we have committed is to be undocumented immigrants with the desire to help our family in our countries ”.

They add that as parents they have the right to be with their children, “and that is what drives us to continue the strike.”

The immigrants They began the strike demanding that they be allowed to return to their families either with electronic shackles or on bail due to fear of contagion of COVID-19 in a crowded prison where several have pre-existing health conditions that make them more vulnerable.

According to the letter, the ICE asked them to end the strike because to let them go they need to be in good health, but they say it was a false promise.

They also claim that on December 4 they received a call from a prison lieutenant to collect their belongings, “and we were happy thinking we were going home” but, according to the immigrants, the intention was to move us to older cells.

They indicate that the person in charge of the detention center, whom they identify as Lilliam Rosario, informed them that they would not be taken anywhere else.

“That is why we are not going to eat until they give us our freedom or we die of hunger because there are many times that ICE has lied to us”, they assure in the letter headed by Carlos Colindres Gomez, and they affirm that what they do is in response to “all the violations that Immigration has done against us.”

Specifically, they highlight that there are people detained for 2 or 3 years without any of them having committed a crime and warn that those who are on hunger strike face various health problems, “but ICE has not cared.”

They maintain that they were threatened that, if they did not desist from the strike, they would be tied to their beds and intubated to feed them.

They also ensure that one of the detainees was “physically and sexually abused” by guards at an Essex County detention center in Newark, NJ, who stripped him, beat him and yelled racist insults, for which he also joined the hunger strike in Bergen.

“ICE only comes to ask us to eat and threaten us saying that what we are doing is not going to work for us so that they let us leave,” they say.

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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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