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"content": "\u003cp>\u003cem>\u003cstrong>Update, 1:24 p.m. on Feb. 17:\u003c/strong> Pedro Figueroa was released on bail from an ICE detention center on Feb. 3. Also, the San Francisco Police Department initially denied that it had cooperated with federal immigration agents. But an internal ICE document shows that the police and sheriff were in direct communication with ICE about Figueroa.\u003c/em>\u003c/p>\n\u003cp>Pedro Figueroa recently reported to San Francisco police that his car had been stolen. When it was recovered, the police summoned Figueroa to a neighborhood station, where they asked for proof that he owned the car. They also ran his name to check for warrants.\u003c/p>\n\u003cp>\"And they come up with a hit on a warrant in the criminal justice system,\" San Francisco Sheriff Vicki Hennessy says.\u003c/p>\n\u003cp>The police had called her agency for help to check for what's known as a failure-to-appear warrant issued by Immigration and Customs Enforcement. It turned out that Figueroa, 31, was in this country illegally. So a sheriff's clerk called the feds. But Hennessy said no one seemed to know what the warrant was for. Since the police didn't have enough information to hold Figueroa, they decided to release him. And that's when Figueroa's story really got complicated.\u003c/p>\n\u003cp>\"And then my understanding is, there was an agent outside the police station that then picked him up,\" Hennessy says.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://www.npr.org/player/embed/465278302/466898745\" width=\"100%\" height=\"290\" frameborder=\"0\" scrolling=\"no\" title=\"NPR embedded audio player\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>This situation has brought San Francisco's sanctuary city law under scrutiny again. Local law enforcement officials are forbidden from cooperating with federal immigration authorities, except in the cases of violent felons. The law \u003ca href=\"http://ww2.kqed.org/news/2015/07/06/kate-steinle-shooting-opens-can-of-worms-on-san-francisco-immigration-policy\">came under fire\u003c/a> from critics after the \u003ca href=\"http://ww2.kqed.org/news/tag/kate-steinle\" target=\"_blank\">shooting death of Kate Steinle\u003c/a> last July at the hands of a man who was in this country illegally and had been deported multiple times. In the curious case of Figueroa, supporters of the law say the police may have undermined it.\u003c/p>\n\u003cp>Local law enforcement wasn't supposed to contact the feds about Figueroa, says his attorney, Zachary Nightingale.\u003c/p>\n\u003cp>\"I think that Pedro went into the police station honestly believing he had nothing to worry about, that he would collect his stolen car as a crime victim,\" Nightingale says.\u003c/p>\n\u003cp>A spokesman for the San Francisco Police Department was adamant that his agency did not cooperate with federal immigration agents. In a statement released by ICE, the agency said Figueroa was arrested based on his conviction for a misdemeanor DUI and an outstanding deportation order dating back to 2005.\u003c/p>\n\u003caside class=\"pullquote alignright\">'He expected a notice. They didn't have a notice to send him. But they ordered him deported anyways, even though they knew they had never sent him a notice.'\u003ccite>Attorney Zachary Nightingale\u003c/cite>\u003c/aside>\n\u003cp>But when Figueroa's lawyers looked into why he was ordered deported, they found an odd and complex story. In 2005, Figueroa came to the United States seeking asylum after being threatened by gangs in his native El Salvador. Immigration authorities released him from custody pending a hearing. But his case fell through the cracks. Figueroa never knew that ICE tried to deport him because the government never called him to a hearing. And apparently he didn't ask why.\u003c/p>\n\u003cp>Nightingale says the immigration system is riddled with due process problems. \"He expected a notice. They didn't have a notice to send him. But they ordered him deported anyways, even though they knew they had never sent him a notice,\" he says.\u003c/p>\n\u003cp>An immigration judge in Texas acknowledged there was an error in Figueroa's case and agreed to reopen it. The case also reopens the local debate about San Francisco's sanctuary city law. Immigration advocates said someone in the police or sheriff's department dropped the dime on Figueroa. Hennessy denied that.\u003c/p>\n\u003cp>[contextly_sidebar id=\"N560sy4r2BrHcqi47qG6y4Qn7Xhm9KT2\"]\u003c/p>\n\u003cp>\"No, it's not an attack on sanctuary city. I believe in the sanctuary city policies the way they're written now. But I do think there's room for some discretion in looking at particular people with convictions for violent felonies that may come into our custody,\" Hennessy says.\u003c/p>\n\u003cp>But Figueroa has no history of violence. His DUI was a misdemeanor, not a violent felony. San Francisco Supervisor John Avalos worried that the Figueroa case could dissuade unauthorized immigrants from ever talking with the police.\u003c/p>\n\u003cp>\"And we know that if a person who is an immigrant, undocumented, is a witness or victim of a crime, if he or she feels that by talking to law enforcement they'll get caught up in the justice system, they're going to be silent,\" Avalos says.\u003c/p>\n\u003cp>For now, Pedro Figueroa sits in an ICE detention center just east of San Francisco. The immigration court considers his case to be such a priority that it has scheduled a hearing, based on his original asylum claim, for November 2019.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003cstrong>Update, 1:24 p.m. on Feb. 17:\u003c/strong> Pedro Figueroa was released on bail from an ICE detention center on Feb. 3. Also, the San Francisco Police Department initially denied that it had cooperated with federal immigration agents. But an internal ICE document shows that the police and sheriff were in direct communication with ICE about Figueroa.\u003c/em>\u003c/p>\n\u003cp>Pedro Figueroa recently reported to San Francisco police that his car had been stolen. When it was recovered, the police summoned Figueroa to a neighborhood station, where they asked for proof that he owned the car. They also ran his name to check for warrants.\u003c/p>\n\u003cp>\"And they come up with a hit on a warrant in the criminal justice system,\" San Francisco Sheriff Vicki Hennessy says.\u003c/p>\n\u003cp>The police had called her agency for help to check for what's known as a failure-to-appear warrant issued by Immigration and Customs Enforcement. It turned out that Figueroa, 31, was in this country illegally. So a sheriff's clerk called the feds. But Hennessy said no one seemed to know what the warrant was for. Since the police didn't have enough information to hold Figueroa, they decided to release him. And that's when Figueroa's story really got complicated.\u003c/p>\n\u003cp>\"And then my understanding is, there was an agent outside the police station that then picked him up,\" Hennessy says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"http://www.npr.org/player/embed/465278302/466898745\" width=\"100%\" height=\"290\" frameborder=\"0\" scrolling=\"no\" title=\"NPR embedded audio player\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>This situation has brought San Francisco's sanctuary city law under scrutiny again. Local law enforcement officials are forbidden from cooperating with federal immigration authorities, except in the cases of violent felons. The law \u003ca href=\"http://ww2.kqed.org/news/2015/07/06/kate-steinle-shooting-opens-can-of-worms-on-san-francisco-immigration-policy\">came under fire\u003c/a> from critics after the \u003ca href=\"http://ww2.kqed.org/news/tag/kate-steinle\" target=\"_blank\">shooting death of Kate Steinle\u003c/a> last July at the hands of a man who was in this country illegally and had been deported multiple times. In the curious case of Figueroa, supporters of the law say the police may have undermined it.\u003c/p>\n\u003cp>Local law enforcement wasn't supposed to contact the feds about Figueroa, says his attorney, Zachary Nightingale.\u003c/p>\n\u003cp>\"I think that Pedro went into the police station honestly believing he had nothing to worry about, that he would collect his stolen car as a crime victim,\" Nightingale says.\u003c/p>\n\u003cp>A spokesman for the San Francisco Police Department was adamant that his agency did not cooperate with federal immigration agents. In a statement released by ICE, the agency said Figueroa was arrested based on his conviction for a misdemeanor DUI and an outstanding deportation order dating back to 2005.\u003c/p>\n\u003caside class=\"pullquote alignright\">'He expected a notice. They didn't have a notice to send him. But they ordered him deported anyways, even though they knew they had never sent him a notice.'\u003ccite>Attorney Zachary Nightingale\u003c/cite>\u003c/aside>\n\u003cp>But when Figueroa's lawyers looked into why he was ordered deported, they found an odd and complex story. In 2005, Figueroa came to the United States seeking asylum after being threatened by gangs in his native El Salvador. Immigration authorities released him from custody pending a hearing. But his case fell through the cracks. Figueroa never knew that ICE tried to deport him because the government never called him to a hearing. And apparently he didn't ask why.\u003c/p>\n\u003cp>Nightingale says the immigration system is riddled with due process problems. \"He expected a notice. They didn't have a notice to send him. But they ordered him deported anyways, even though they knew they had never sent him a notice,\" he says.\u003c/p>\n\u003cp>An immigration judge in Texas acknowledged there was an error in Figueroa's case and agreed to reopen it. The case also reopens the local debate about San Francisco's sanctuary city law. Immigration advocates said someone in the police or sheriff's department dropped the dime on Figueroa. Hennessy denied that.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"No, it's not an attack on sanctuary city. I believe in the sanctuary city policies the way they're written now. But I do think there's room for some discretion in looking at particular people with convictions for violent felonies that may come into our custody,\" Hennessy says.\u003c/p>\n\u003cp>But Figueroa has no history of violence. His DUI was a misdemeanor, not a violent felony. San Francisco Supervisor John Avalos worried that the Figueroa case could dissuade unauthorized immigrants from ever talking with the police.\u003c/p>\n\u003cp>\"And we know that if a person who is an immigrant, undocumented, is a witness or victim of a crime, if he or she feels that by talking to law enforcement they'll get caught up in the justice system, they're going to be silent,\" Avalos says.\u003c/p>\n\u003cp>For now, Pedro Figueroa sits in an ICE detention center just east of San Francisco. The immigration court considers his case to be such a priority that it has scheduled a hearing, based on his original asylum claim, for November 2019.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2016 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Lacking Legal Help, Asylum-Seeking Migrants Often Deported",
"title": "Lacking Legal Help, Asylum-Seeking Migrants Often Deported",
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"content": "\u003cp>New data show the vast majority of women with children seeking refuge in the U.S. who were ordered deported in the last year and a half never had a lawyer. One of those women was 21-year-old María Pérez, who escaped violence in her town in Mexico and in her home. She applied for asylum, but due to confusion missed an all-important court date.\u003c/p>\n\u003cp>Pérez lived in the state of Michoacán, Mexico, with her two small children and her husband. She says he was involved with a drug cartel and often beat her. She didn’t trust the police to protect her. After all, she says, they did nothing about the kidnappings, rapes and killings that had become common.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/245078175\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>\"The cartels showed up ... and corpses appeared all over,\" says Pérez. \"The government didn’t do anything. Nothing. That’s how the government is in Mexico.\"\u003c/p>\n\u003cp>Pérez says after her husband’s enemies shot up her house, she took her baby daughter and 3-year-old son and fled north. At the California border, she asked for asylum.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>New Home in Central Valley\u003c/strong>\u003c/p>\n\u003cp>Pérez settled in the Central Valley, and she says she tried to do everything the government asked. She traveled every month to San Francisco to check in with immigration authorities. She didn’t have a lawyer, though, and when she got a court date in the mail, she mistakenly showed up at the immigration office again, instead of the courthouse.\u003c/p>\n\u003cp>\"I got there and I asked, 'Where is the court? I was supposed to have court.' But the officer didn’t speak Spanish. He just told me to sign in, and then he gave me a new date to come back. So I thought I had done what I had to do,\" Pérez says.\u003c/p>\n\u003cfigure id=\"attachment_10851710\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/PolsteinPerez-800x550.jpg\" alt=\"Immigration attorney Laura Polstein (L) confers with Maria Perez. Perez was ordered deported without a day in court, but later won asylum with Polstein's help.\" width=\"800\" height=\"550\" class=\"size-medium wp-image-10851710\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-800x550.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-400x275.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-768x528.jpg 768w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-1440x989.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-1180x811.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-960x660.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Immigration attorney Laura Polstein (L) confers with María Pérez, who was ordered deported without a day in court but later won asylum with Polstein's help. \u003ccite>(Zaidee Stavely/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>If you don’t show up to immigration court -- and it looks to the judge like you were told when and where to show up -- you can be ordered deported. That’s what happened to Pérez.\u003c/p>\n\u003cp>According to the nonpartisan \u003ca href=\"http://trac.syr.edu/phptools/immigration/mwc/\">Transactional Records Access Clearinghouse (TRAC) at Syracuse University\u003c/a>, 18,607 women and children seeking asylum in the U.S. were issued final orders of removal between July 2014 and December 2015. Like Pérez, 86 percent of them did not have a lawyer. And also like Pérez, the vast majority simply never made it to court.\u003c/p>\n\u003cp>\u003cstrong>Importance of a Lawyer\u003c/strong>\u003c/p>\n\u003cp>Dana Marks, president of the National Association of Immigration Judges, says when potential asylees have legal representation, it makes it easier for judges to be sure they have all the facts before making a decision. That's important, she says, because the stakes are high.\u003c/p>\n\u003cp>\"If a judge makes a decision that someone has to go back, they may be sent to a life-threatening situation,\" says Marks, who speaks as an official of her union, not on behalf of her employer, the Executive Office for Immigration Review, which is part of the United States Department of Justice.\u003c/p>\n\u003caside class=\"pullquote alignright\">'These are people who are truly fleeing persecution, but they are not able to win without an attorney.'\u003ccite>Attorney Laura Polstein\u003c/cite>\u003c/aside>\n\u003cp>Marks says even if you do have a lawyer and make your case to a judge, it’s still hard to qualify for asylum.\u003c/p>\n\u003cp>\"I compare asylum law to putting together a jigsaw puzzle,\" Marks says. \"You may have enough pieces that we all know what the picture is going to look like, but if there is a piece missing, that case cannot be granted.\"\u003c/p>\n\u003cp>\u003cstrong>Winning Asylum\u003c/strong>\u003c/p>\n\u003cp>Facing deportation, María Pérez started desperately calling attorneys until she found \u003ca href=\"http://centrolegal.org/\">Centro Legal de la Raza\u003c/a> in Oakland. Attorney Laura Polstein was able to reopen Pérez’s case, arguing that she did not willfully miss her court date.\u003c/p>\n\u003cp>In October, Pérez and her children won asylum in the United States. Polstein says attorneys had to do extensive research and submit multiple news articles, human rights reports and expert affidavits to document the violence by drug cartels in Mexico and the lack of protection for victims of domestic violence. She says the attorney for the government cross-examined Pérez extensively for about two hours.\u003c/p>\n\u003cp>\"From a legal point of view, this is not something people can do without an attorney, especially if they have a low literacy level,\" says Polstein.\u003c/p>\n\u003cp>She believes many other families who were ordered deported could also have valid claims.\u003c/p>\n\u003cp>[contextly_sidebar id=\"fU6MN3r3TXf4aiISNYib9Ng7N5b9BkY5\"]\u003c/p>\n\u003cp>\"Every day we have people coming to our doors, and we meet people at court who need attorneys and who we are not able to provide services to,\" says Polstein.\u003c/p>\n\u003cp>\"These are people who are truly fleeing persecution, but they are not able to win without an attorney.\"\u003c/p>\n\u003cp>Statistics from TRAC also show that if women with children have an attorney, \u003ca href=\"http://trac.syr.edu/immigration/reports/396/\">their chance to win their asylum cases goes up 14 times\u003c/a>. The overwhelming lack of legal counsel in these cases prompted the bipartisan U.S. Civil Rights Commission to call for \u003ca href=\"http://www.usccr.gov/press/2016/PR_ICE_Deportations_Announcement.pdf\">halting all deportations of women and children from Central America \u003c/a>who are seeking asylum, until their cases can be reviewed to see if they had due process.\u003c/p>\n\u003cp>Those who advocate for restricting immigration say asylum seekers who didn’t show up in court have had their chance.\u003c/p>\n\u003cp>\"I don’t see any reason to use government resources to go back through and give people another bite of the apple when they’ve already abused the system,\" says Jessica Vaughan, of the Center for Immigration Studies in Washington, D.C. \"What needs to happen is they should be sent home.\"\u003c/p>\n\u003cp>\u003cstrong>More Detainees Last Month\u003c/strong>\u003c/p>\n\u003cp>When Immigration and Customs Enforcement (ICE) officials detained 121 women and children in early January, Homeland Security Secretary Jeh Johnson\u003ca href=\"http://www.dhs.gov/news/2016/01/04/statement-secretary-jeh-c-johnson-southwest-border-security\"> also argued these people had exhausted their legal options\u003c/a>. ICE officials say no targeted operations happened in California, but that immigration agents do conduct routine enforcement here. ICE spokeswoman Virginia Kice says most of the time, officers detain people at their homes.\u003c/p>\n\u003cp>Recently, María Pérez says she was stopped by officers wearing jackets that said \"police\" outside a McDonald’s, where she went to apply for a job. Even though Pérez has asylum now, she was terrified.\u003c/p>\n\u003cp>\"I was afraid they would take me without even asking me for an ID,\" Pérez says. \"I was worried I’d be separated from my children, who were home with my mom.\"\u003c/p>\n\u003cp>Thankfully, Pérez says, she was carrying her work permit with her. She showed it to the officers and they let her go.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>She says she’s overcome with relief that she and her kids are safe now.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>New data show the vast majority of women with children seeking refuge in the U.S. who were ordered deported in the last year and a half never had a lawyer. One of those women was 21-year-old María Pérez, who escaped violence in her town in Mexico and in her home. She applied for asylum, but due to confusion missed an all-important court date.\u003c/p>\n\u003cp>Pérez lived in the state of Michoacán, Mexico, with her two small children and her husband. She says he was involved with a drug cartel and often beat her. She didn’t trust the police to protect her. After all, she says, they did nothing about the kidnappings, rapes and killings that had become common.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/245078175&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/245078175'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"The cartels showed up ... and corpses appeared all over,\" says Pérez. \"The government didn’t do anything. Nothing. That’s how the government is in Mexico.\"\u003c/p>\n\u003cp>Pérez says after her husband’s enemies shot up her house, she took her baby daughter and 3-year-old son and fled north. At the California border, she asked for asylum.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>New Home in Central Valley\u003c/strong>\u003c/p>\n\u003cp>Pérez settled in the Central Valley, and she says she tried to do everything the government asked. She traveled every month to San Francisco to check in with immigration authorities. She didn’t have a lawyer, though, and when she got a court date in the mail, she mistakenly showed up at the immigration office again, instead of the courthouse.\u003c/p>\n\u003cp>\"I got there and I asked, 'Where is the court? I was supposed to have court.' But the officer didn’t speak Spanish. He just told me to sign in, and then he gave me a new date to come back. So I thought I had done what I had to do,\" Pérez says.\u003c/p>\n\u003cfigure id=\"attachment_10851710\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2016/02/PolsteinPerez-800x550.jpg\" alt=\"Immigration attorney Laura Polstein (L) confers with Maria Perez. Perez was ordered deported without a day in court, but later won asylum with Polstein's help.\" width=\"800\" height=\"550\" class=\"size-medium wp-image-10851710\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-800x550.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-400x275.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-768x528.jpg 768w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-1440x989.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-1180x811.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2016/02/PolsteinPerez-960x660.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Immigration attorney Laura Polstein (L) confers with María Pérez, who was ordered deported without a day in court but later won asylum with Polstein's help. \u003ccite>(Zaidee Stavely/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>If you don’t show up to immigration court -- and it looks to the judge like you were told when and where to show up -- you can be ordered deported. That’s what happened to Pérez.\u003c/p>\n\u003cp>According to the nonpartisan \u003ca href=\"http://trac.syr.edu/phptools/immigration/mwc/\">Transactional Records Access Clearinghouse (TRAC) at Syracuse University\u003c/a>, 18,607 women and children seeking asylum in the U.S. were issued final orders of removal between July 2014 and December 2015. Like Pérez, 86 percent of them did not have a lawyer. And also like Pérez, the vast majority simply never made it to court.\u003c/p>\n\u003cp>\u003cstrong>Importance of a Lawyer\u003c/strong>\u003c/p>\n\u003cp>Dana Marks, president of the National Association of Immigration Judges, says when potential asylees have legal representation, it makes it easier for judges to be sure they have all the facts before making a decision. That's important, she says, because the stakes are high.\u003c/p>\n\u003cp>\"If a judge makes a decision that someone has to go back, they may be sent to a life-threatening situation,\" says Marks, who speaks as an official of her union, not on behalf of her employer, the Executive Office for Immigration Review, which is part of the United States Department of Justice.\u003c/p>\n\u003caside class=\"pullquote alignright\">'These are people who are truly fleeing persecution, but they are not able to win without an attorney.'\u003ccite>Attorney Laura Polstein\u003c/cite>\u003c/aside>\n\u003cp>Marks says even if you do have a lawyer and make your case to a judge, it’s still hard to qualify for asylum.\u003c/p>\n\u003cp>\"I compare asylum law to putting together a jigsaw puzzle,\" Marks says. \"You may have enough pieces that we all know what the picture is going to look like, but if there is a piece missing, that case cannot be granted.\"\u003c/p>\n\u003cp>\u003cstrong>Winning Asylum\u003c/strong>\u003c/p>\n\u003cp>Facing deportation, María Pérez started desperately calling attorneys until she found \u003ca href=\"http://centrolegal.org/\">Centro Legal de la Raza\u003c/a> in Oakland. Attorney Laura Polstein was able to reopen Pérez’s case, arguing that she did not willfully miss her court date.\u003c/p>\n\u003cp>In October, Pérez and her children won asylum in the United States. Polstein says attorneys had to do extensive research and submit multiple news articles, human rights reports and expert affidavits to document the violence by drug cartels in Mexico and the lack of protection for victims of domestic violence. She says the attorney for the government cross-examined Pérez extensively for about two hours.\u003c/p>\n\u003cp>\"From a legal point of view, this is not something people can do without an attorney, especially if they have a low literacy level,\" says Polstein.\u003c/p>\n\u003cp>She believes many other families who were ordered deported could also have valid claims.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"Every day we have people coming to our doors, and we meet people at court who need attorneys and who we are not able to provide services to,\" says Polstein.\u003c/p>\n\u003cp>\"These are people who are truly fleeing persecution, but they are not able to win without an attorney.\"\u003c/p>\n\u003cp>Statistics from TRAC also show that if women with children have an attorney, \u003ca href=\"http://trac.syr.edu/immigration/reports/396/\">their chance to win their asylum cases goes up 14 times\u003c/a>. The overwhelming lack of legal counsel in these cases prompted the bipartisan U.S. Civil Rights Commission to call for \u003ca href=\"http://www.usccr.gov/press/2016/PR_ICE_Deportations_Announcement.pdf\">halting all deportations of women and children from Central America \u003c/a>who are seeking asylum, until their cases can be reviewed to see if they had due process.\u003c/p>\n\u003cp>Those who advocate for restricting immigration say asylum seekers who didn’t show up in court have had their chance.\u003c/p>\n\u003cp>\"I don’t see any reason to use government resources to go back through and give people another bite of the apple when they’ve already abused the system,\" says Jessica Vaughan, of the Center for Immigration Studies in Washington, D.C. \"What needs to happen is they should be sent home.\"\u003c/p>\n\u003cp>\u003cstrong>More Detainees Last Month\u003c/strong>\u003c/p>\n\u003cp>When Immigration and Customs Enforcement (ICE) officials detained 121 women and children in early January, Homeland Security Secretary Jeh Johnson\u003ca href=\"http://www.dhs.gov/news/2016/01/04/statement-secretary-jeh-c-johnson-southwest-border-security\"> also argued these people had exhausted their legal options\u003c/a>. ICE officials say no targeted operations happened in California, but that immigration agents do conduct routine enforcement here. ICE spokeswoman Virginia Kice says most of the time, officers detain people at their homes.\u003c/p>\n\u003cp>Recently, María Pérez says she was stopped by officers wearing jackets that said \"police\" outside a McDonald’s, where she went to apply for a job. Even though Pérez has asylum now, she was terrified.\u003c/p>\n\u003cp>\"I was afraid they would take me without even asking me for an ID,\" Pérez says. \"I was worried I’d be separated from my children, who were home with my mom.\"\u003c/p>\n\u003cp>Thankfully, Pérez says, she was carrying her work permit with her. She showed it to the officers and they let her go.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A federal appeals court in California ruled Wednesday that more immigrants in detention should get bond hearings and those held more than a year should get additional hearings.\u003c/p>\n\u003cp>A three-judge panel of the 9th U.S. Circuit Court of Appeals expanded the number of immigrants in nine Western states who should get bond hearings after six months in detention.\u003c/p>\n\u003cp>The panel also said immigrants held more than a year should get bond hearings every six months where the federal government must show why they should remain locked up.\u003c/p>\n\u003cp>[contextly_sidebar id=\"5THlYbFZuIPnSrOcTSTigWqgTME7q6oI\"]\u003c/p>\n\u003cp>\"It substantially decreases the likelihood people will get lost in the system for years on end because there will be some examination of why the person is still incarcerated,\" said Ahilan Arulanantham, deputy legal director for the American Civil Liberties Union of Southern California, which represented plaintiffs in the case.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The government is reviewing the court's decision, said Nicole Navas, a spokeswoman for the Department of Justice.\u003c/p>\n\u003cp>The ruling came after years of litigation over whether immigrants unable to make bond or not initially granted bond are entitled to additional bond hearings. The ACLU in Southern California filed the lawsuit in 2007 on behalf of Mexican immigrant Alejandro Rodriguez, who was detained for several years without a bond hearing.\u003c/p>\n\u003cp>For several years now, the hearings have been taking place but the ruling expands which immigrants should get them. Arulanantham said the appellate decision could increase the number of immigrants who get the hearings by roughly a third.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>An ACLU study released last year found that 69 percent of 1,680 detained immigrants in Southern California who got the bond hearings over an 18-month period were granted bond.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal appeals court in California ruled Wednesday that more immigrants in detention should get bond hearings and those held more than a year should get additional hearings.\u003c/p>\n\u003cp>A three-judge panel of the 9th U.S. Circuit Court of Appeals expanded the number of immigrants in nine Western states who should get bond hearings after six months in detention.\u003c/p>\n\u003cp>The panel also said immigrants held more than a year should get bond hearings every six months where the federal government must show why they should remain locked up.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"It substantially decreases the likelihood people will get lost in the system for years on end because there will be some examination of why the person is still incarcerated,\" said Ahilan Arulanantham, deputy legal director for the American Civil Liberties Union of Southern California, which represented plaintiffs in the case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The government is reviewing the court's decision, said Nicole Navas, a spokeswoman for the Department of Justice.\u003c/p>\n\u003cp>The ruling came after years of litigation over whether immigrants unable to make bond or not initially granted bond are entitled to additional bond hearings. The ACLU in Southern California filed the lawsuit in 2007 on behalf of Mexican immigrant Alejandro Rodriguez, who was detained for several years without a bond hearing.\u003c/p>\n\u003cp>For several years now, the hearings have been taking place but the ruling expands which immigrants should get them. Arulanantham said the appellate decision could increase the number of immigrants who get the hearings by roughly a third.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>An ACLU study released last year found that 69 percent of 1,680 detained immigrants in Southern California who got the bond hearings over an 18-month period were granted bond.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Campos to Float Legislation to Address Pier 14 Shooting, Resist Cooperation with ICE",
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"content": "\u003cp>San Francisco Supervisor David Campos plans to introduce a package of legislation today that he says is meant to address policy flaws exposed in the aftermath of the Pier 14 shooting. The Mission District supervisor will also introduce a resolution calling on the sheriff to not cooperate with the Immigration and Customs Enforcement's Priority Enforcement Program (PEP).\u003c/p>\n\u003cp>The fatal shooting of Kate Steinle on San Francisco’s Pier 14 on July 1 touched off a national controversy over the city’s long-established policies of limiting local law enforcement cooperation with federal immigration authorities.\u003c/p>\n\u003cp>Juan Francisco Lopez-Sanchez, who was deported from the U.S. five times prior to being transferred to San Francisco, \u003ca href=\"http://ww2.kqed.org/news/2015/09/04/accused-pier-14-shooter-to-face-murder-charges-at-trial\">faces murder charges\u003c/a> in the shooting. Steinle’s family is pursuing \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/family-of-kate-steinle-files-legal-claims-against-s-f-sheriff-feds\">legal claims\u003c/a> against local and federal agencies for negligence that contributed to her death.\u003c/p>\n\u003cp>\"I think ... we need a well-thought-out policy that actually tries to address what happened, but also ensures that we remain safe and also that whatever we do is consistent with the values that San Francisco had,\" Campos said in an interview.\u003c/p>\n\u003cp>\u003cstrong>Sheriff Urged to Not Cooperate with ICE\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The first piece of Campos' three-part proposal is a resolution asking the sheriff to not cooperate with PEP.\u003c/p>\n\u003cp>\"PEP ... is essentially the so-called S-Comm, Secure Communities program, with a different branding,\" said Campos, who is working in tandem with a coalition of immigrant rights activists.\u003c/p>\n\u003cp>\"It's the federal government having basically put lipstick on a pig that is still a pig. PEP, like Secure Communities, is a dragnet program that essentially tries to entangle local law enforcement into immigration enforcement,\" he added.\u003c/p>\n\u003cp>PEP was rolled out last year to replace the controversial, now-defunct Secure Communities program, which the San Francisco Board of Supervisors voted not to adhere to. Under PEP, federal immigration authorities call upon local agencies to notify ICE prior to releasing certain individuals from custody.\u003c/p>\n\u003cp>Campos isn’t alone in calling for the city not to adhere to PEP -- the San Francisco Democratic County Central Committee endorsed a resolution last week urging the city not to participate in the new federal program.\u003c/p>\n\u003cp>\"We believe that if the Democratic Party can take that position in San Francisco, then the city and county of San Francisco should follow,\" Campos said.\u003c/p>\n\u003cp>\u003cstrong>Stolen Guns\u003c/strong>\u003c/p>\n\u003cp>Another piece of the three-part proposal would require off-duty public safety officers to secure their department-issued firearms in a trunk or lock box, as a theft-prevention measure. The gun allegedly used in the Pier 14 shooting had been taken from a federal agent's parked car.\u003c/p>\n\u003cp>According to a lawsuit filed by Steinle’s family, a Bureau of Land Management agent left his a fully loaded Sig Sauer handgun in his vehicle “unattended in a backpack that was in plain sight” prior to the theft, in contradiction of “mandatory regulations and procedures” requiring the weapon to be secured.\u003c/p>\n\u003cp>Campos’ legislative aide, Hillary Ronen, explained in an interview that the city attorney’s office had confirmed that for San Francisco law enforcement agencies, “this policy does not already exist.”\u003c/p>\n\u003cp>As the Center for Investigative Reporting \u003ca href=\"https://www.revealnews.org/article/san-francisco-killing-highlights-issue-of-stolen-government-owned-guns/\">has noted\u003c/a>, a 2010 audit by the Office of the Inspector General of the Department of Homeland Security highlighted a pervasive problem stemming from stolen government-owned firearms. A total of 289 guns were lost or stolen from the Department of Homeland Security over the course of two years, and auditors found the trend represented “serious risks to the public and law enforcement officers.”\u003c/p>\n\u003cp>\u003cstrong>New Policy on Inmate Transfers\u003c/strong>\u003c/p>\n\u003cp>A separate resolution proposed by Campos, created in tandem with the San Francisco District Attorney's Office, would establish new criteria for the transfer of inmates to city custody from outside jurisdictions.\u003c/p>\n\u003cp>Lopez-Sanchez, the Mexican national accused of killing Steinle, was transferred from a federal prison to city custody after a bench warrant surfaced on a 20-year marijuana charge.\u003c/p>\n\u003cp>“He went to court on March 27, and the court dismissed the charges,\" Freya Horne, chief legal counsel for the Sheriff's Department, told KQED in an email earlier this year. From there he was released from custody and essentially left to wander the streets, penniless.\u003c/p>\n\u003cp>Under the proposed resolution, the district attorney would be required to communicate with local law enforcement agencies prior to an inmate transfer from an outside jurisdiction. Before agreeing to it, departments would have to determine that such a transfer “serves the interest of public safety and the efficient use of local resources.”\u003c/p>\n\u003cp>Calls to the district attorney's office were not returned by press time.\u003c/p>\n\u003cp>“If the sheriff had called the DA,\" Campos said, \"the DA would have said to the sheriff, we’re not interested.”\u003c/p>\n\u003cp>\u003cstrong>Sanctuary City Questioned\u003c/strong>\u003c/p>\n\u003cp>During a \u003ca href=\"http://www.sfchronicle.com/bayarea/article/SF-Democrats-set-to-vote-on-endorsing-sanctuary-6509196.php\">visit to San Francisco on Wednesday\u003c/a>, U.S. Secretary of Homeland Security Jeh Johnson criticized the city’s policies of not cooperating with ICE. During an appearance at the Commonwealth Club, he labeled the practice “counterproductive” and “not acceptable.”\u003c/p>\n\u003cp>A number of politicians have criticized San Francisco’s sanctuary city policies following the Pier 14 shooting. Republican presidential candidate Donald Trump tweeted that Steinle was “viciously killed because we can’t secure our border,” a statement that was retweeted almost 1,500 times.\u003c/p>\n\u003cp>Sen. Dianne Feinstein, meanwhile, pointed a finger at San Francisco Sheriff Ross Mirkarimi in the wake of the shooting, blaming him for releasing an undocumented immigrant with a record of felony convictions. Mirkarimi has defended his actions as being in accordance with the city’s Due Process For All Ordinance.\u003c/p>\n\u003cp>Mayor Ed Lee also condemned Mirkarimi’s actions, \u003ca href=\"http://www.kqed.org/a/forum/R201507080900\">saying on KQED's \u003cem>Forum\u003c/em>\u003c/a>, “I do happen to agree with Sen. Feinstein that you look at who had that last responsibility. It was our sheriff. … And when the feds released this person to us, there could have been a notification that we’re about to release a repeat serious felony offender, who is not legally here.”\u003c/p>\n\u003cp>Requests for comment from Lee were not returned by press time.\u003c/p>\n\u003cp>In an internal memo circulated March 13, Mirkarimi stated that the department’s policy was to limit “contact and communication with ICE representatives absent a court issued warrant, a signed court order, or other legal requirement authorizing ICE access.”\u003c/p>\n\u003cp>In July, Supervisor Mark Farrell proposed a resolution calling on the sheriff to rescind that memo, which he believes goes beyond the parameters of the Sanctuary City and Due Process for All ordinances.\u003c/p>\n\u003cp>\"We have no issue with the idea that the memo would be rescinded,\" Campos said. Farrell's proposal may come up for a vote later this month.\u003c/p>\n\u003cp>Farrell is also working with the city attorney on a policy that would “disallow city dollars from being expended by the sheriff's department to transfer an inmate from outside city borders\" when it's believed that the DA will not prosecute an outstanding warrant, according to Farrell’s legislative aide, Jess Montejano. As things stand, Montejano added, Farrell “remains opposed to the whole sell of PEP at this time.”\u003c/p>\n\u003cp>\u003cstrong>Crime Victims\u003c/strong>\u003c/p>\n\u003cp>Campos argued that the city's existing immigration policies contribute to public safety. If undocumented residents \"are victims of a crime or are witnesses to a crime, you want them to come forward and report that crime to the police department, to law enforcement,\" he said. \"They're not going to do that, though, if they fear that law enforcement will deport them or report them to immigration.\"\u003c/p>\n\u003cp>Advocates point to the case of Norma Ortiz, a San Francisco resident who dialed 911 in 2010 after suffering from a long pattern of domestic violence and was sent to deportation proceedings after being taken into police custody.\u003c/p>\n\u003cp>“The worst thing that I ever could have imagined was that they would take me, too,” she said. That’s just what happened, since the father of her son told police that she had started their altercation.\u003c/p>\n\u003cp>Ortiz was sent to an ICE facility in San Francisco, where chains were placed on her hands and feet. Then she was made to wear an ankle bracelet with a tracking device while deportation proceedings continued. In February of 2012, a federal immigration judge terminated the deportation proceeding.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“We want to be able to tell domestic violence victims, you can safely cooperate with police,” said Frances Kreimer, an immigration attorney with Dolores Street Community Services, but that won’t happen unless “people understand that local law enforcement is separate from federal immigration enforcement.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco Supervisor David Campos plans to introduce a package of legislation today that he says is meant to address policy flaws exposed in the aftermath of the Pier 14 shooting. The Mission District supervisor will also introduce a resolution calling on the sheriff to not cooperate with the Immigration and Customs Enforcement's Priority Enforcement Program (PEP).\u003c/p>\n\u003cp>The fatal shooting of Kate Steinle on San Francisco’s Pier 14 on July 1 touched off a national controversy over the city’s long-established policies of limiting local law enforcement cooperation with federal immigration authorities.\u003c/p>\n\u003cp>Juan Francisco Lopez-Sanchez, who was deported from the U.S. five times prior to being transferred to San Francisco, \u003ca href=\"http://ww2.kqed.org/news/2015/09/04/accused-pier-14-shooter-to-face-murder-charges-at-trial\">faces murder charges\u003c/a> in the shooting. Steinle’s family is pursuing \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/family-of-kate-steinle-files-legal-claims-against-s-f-sheriff-feds\">legal claims\u003c/a> against local and federal agencies for negligence that contributed to her death.\u003c/p>\n\u003cp>\"I think ... we need a well-thought-out policy that actually tries to address what happened, but also ensures that we remain safe and also that whatever we do is consistent with the values that San Francisco had,\" Campos said in an interview.\u003c/p>\n\u003cp>\u003cstrong>Sheriff Urged to Not Cooperate with ICE\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The first piece of Campos' three-part proposal is a resolution asking the sheriff to not cooperate with PEP.\u003c/p>\n\u003cp>\"PEP ... is essentially the so-called S-Comm, Secure Communities program, with a different branding,\" said Campos, who is working in tandem with a coalition of immigrant rights activists.\u003c/p>\n\u003cp>\"It's the federal government having basically put lipstick on a pig that is still a pig. PEP, like Secure Communities, is a dragnet program that essentially tries to entangle local law enforcement into immigration enforcement,\" he added.\u003c/p>\n\u003cp>PEP was rolled out last year to replace the controversial, now-defunct Secure Communities program, which the San Francisco Board of Supervisors voted not to adhere to. Under PEP, federal immigration authorities call upon local agencies to notify ICE prior to releasing certain individuals from custody.\u003c/p>\n\u003cp>Campos isn’t alone in calling for the city not to adhere to PEP -- the San Francisco Democratic County Central Committee endorsed a resolution last week urging the city not to participate in the new federal program.\u003c/p>\n\u003cp>\"We believe that if the Democratic Party can take that position in San Francisco, then the city and county of San Francisco should follow,\" Campos said.\u003c/p>\n\u003cp>\u003cstrong>Stolen Guns\u003c/strong>\u003c/p>\n\u003cp>Another piece of the three-part proposal would require off-duty public safety officers to secure their department-issued firearms in a trunk or lock box, as a theft-prevention measure. The gun allegedly used in the Pier 14 shooting had been taken from a federal agent's parked car.\u003c/p>\n\u003cp>According to a lawsuit filed by Steinle’s family, a Bureau of Land Management agent left his a fully loaded Sig Sauer handgun in his vehicle “unattended in a backpack that was in plain sight” prior to the theft, in contradiction of “mandatory regulations and procedures” requiring the weapon to be secured.\u003c/p>\n\u003cp>Campos’ legislative aide, Hillary Ronen, explained in an interview that the city attorney’s office had confirmed that for San Francisco law enforcement agencies, “this policy does not already exist.”\u003c/p>\n\u003cp>As the Center for Investigative Reporting \u003ca href=\"https://www.revealnews.org/article/san-francisco-killing-highlights-issue-of-stolen-government-owned-guns/\">has noted\u003c/a>, a 2010 audit by the Office of the Inspector General of the Department of Homeland Security highlighted a pervasive problem stemming from stolen government-owned firearms. A total of 289 guns were lost or stolen from the Department of Homeland Security over the course of two years, and auditors found the trend represented “serious risks to the public and law enforcement officers.”\u003c/p>\n\u003cp>\u003cstrong>New Policy on Inmate Transfers\u003c/strong>\u003c/p>\n\u003cp>A separate resolution proposed by Campos, created in tandem with the San Francisco District Attorney's Office, would establish new criteria for the transfer of inmates to city custody from outside jurisdictions.\u003c/p>\n\u003cp>Lopez-Sanchez, the Mexican national accused of killing Steinle, was transferred from a federal prison to city custody after a bench warrant surfaced on a 20-year marijuana charge.\u003c/p>\n\u003cp>“He went to court on March 27, and the court dismissed the charges,\" Freya Horne, chief legal counsel for the Sheriff's Department, told KQED in an email earlier this year. From there he was released from custody and essentially left to wander the streets, penniless.\u003c/p>\n\u003cp>Under the proposed resolution, the district attorney would be required to communicate with local law enforcement agencies prior to an inmate transfer from an outside jurisdiction. Before agreeing to it, departments would have to determine that such a transfer “serves the interest of public safety and the efficient use of local resources.”\u003c/p>\n\u003cp>Calls to the district attorney's office were not returned by press time.\u003c/p>\n\u003cp>“If the sheriff had called the DA,\" Campos said, \"the DA would have said to the sheriff, we’re not interested.”\u003c/p>\n\u003cp>\u003cstrong>Sanctuary City Questioned\u003c/strong>\u003c/p>\n\u003cp>During a \u003ca href=\"http://www.sfchronicle.com/bayarea/article/SF-Democrats-set-to-vote-on-endorsing-sanctuary-6509196.php\">visit to San Francisco on Wednesday\u003c/a>, U.S. Secretary of Homeland Security Jeh Johnson criticized the city’s policies of not cooperating with ICE. During an appearance at the Commonwealth Club, he labeled the practice “counterproductive” and “not acceptable.”\u003c/p>\n\u003cp>A number of politicians have criticized San Francisco’s sanctuary city policies following the Pier 14 shooting. Republican presidential candidate Donald Trump tweeted that Steinle was “viciously killed because we can’t secure our border,” a statement that was retweeted almost 1,500 times.\u003c/p>\n\u003cp>Sen. Dianne Feinstein, meanwhile, pointed a finger at San Francisco Sheriff Ross Mirkarimi in the wake of the shooting, blaming him for releasing an undocumented immigrant with a record of felony convictions. Mirkarimi has defended his actions as being in accordance with the city’s Due Process For All Ordinance.\u003c/p>\n\u003cp>Mayor Ed Lee also condemned Mirkarimi’s actions, \u003ca href=\"http://www.kqed.org/a/forum/R201507080900\">saying on KQED's \u003cem>Forum\u003c/em>\u003c/a>, “I do happen to agree with Sen. Feinstein that you look at who had that last responsibility. It was our sheriff. … And when the feds released this person to us, there could have been a notification that we’re about to release a repeat serious felony offender, who is not legally here.”\u003c/p>\n\u003cp>Requests for comment from Lee were not returned by press time.\u003c/p>\n\u003cp>In an internal memo circulated March 13, Mirkarimi stated that the department’s policy was to limit “contact and communication with ICE representatives absent a court issued warrant, a signed court order, or other legal requirement authorizing ICE access.”\u003c/p>\n\u003cp>In July, Supervisor Mark Farrell proposed a resolution calling on the sheriff to rescind that memo, which he believes goes beyond the parameters of the Sanctuary City and Due Process for All ordinances.\u003c/p>\n\u003cp>\"We have no issue with the idea that the memo would be rescinded,\" Campos said. Farrell's proposal may come up for a vote later this month.\u003c/p>\n\u003cp>Farrell is also working with the city attorney on a policy that would “disallow city dollars from being expended by the sheriff's department to transfer an inmate from outside city borders\" when it's believed that the DA will not prosecute an outstanding warrant, according to Farrell’s legislative aide, Jess Montejano. As things stand, Montejano added, Farrell “remains opposed to the whole sell of PEP at this time.”\u003c/p>\n\u003cp>\u003cstrong>Crime Victims\u003c/strong>\u003c/p>\n\u003cp>Campos argued that the city's existing immigration policies contribute to public safety. If undocumented residents \"are victims of a crime or are witnesses to a crime, you want them to come forward and report that crime to the police department, to law enforcement,\" he said. \"They're not going to do that, though, if they fear that law enforcement will deport them or report them to immigration.\"\u003c/p>\n\u003cp>Advocates point to the case of Norma Ortiz, a San Francisco resident who dialed 911 in 2010 after suffering from a long pattern of domestic violence and was sent to deportation proceedings after being taken into police custody.\u003c/p>\n\u003cp>“The worst thing that I ever could have imagined was that they would take me, too,” she said. That’s just what happened, since the father of her son told police that she had started their altercation.\u003c/p>\n\u003cp>Ortiz was sent to an ICE facility in San Francisco, where chains were placed on her hands and feet. Then she was made to wear an ankle bracelet with a tracking device while deportation proceedings continued. In February of 2012, a federal immigration judge terminated the deportation proceeding.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We want to be able to tell domestic violence victims, you can safely cooperate with police,” said Frances Kreimer, an immigration attorney with Dolores Street Community Services, but that won’t happen unless “people understand that local law enforcement is separate from federal immigration enforcement.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>U.S. Secretary of Homeland Security Jeh Johnson's talk at UC Berkeley Tuesday night included a heated verbal exchange that lasted several minutes, after an immigrant rights activist interrupted him at high volume.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.facebook.com/ciyja/videos/967753513283631/\">a video posted to social media\u003c/a>, Sandy Valenciano, an organizer with the California Immigrant Youth Justice Alliance, can be seen standing across the room as she loudly pressures Johnson on U.S. Immigration and Customs Enforcement’s deportation policies.\u003c/p>\n\u003cp>Titled “Threats to Homeland,” \u003ca href=\"https://www.youtube.com/watch?v=uX0fZ2HBTH8\" target=\"_blank\">Johnson’s talk\u003c/a> was organized by the Berkeley Forum, a student-led organization created in 2012. The event drew around 300 attendees.\u003c/p>\n\u003cp>“A few weeks ago, ICE did a raid in Southern California of 240 people -- that was under your jurisdiction,” Valenciano can be heard telling Johnson in the video, referring to \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-240-immigrants-arrested-ice-20150831-story.html\">a four-day sweep in late August that was covered by the Los Angeles Times\u003c/a>. “Why do you continue to violate the Fourth Amendment rights of immigrants?”\u003c/p>\n\u003cp>“Are you done?” Johnson asks in response.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I am not done,” Valenciano shoots back.\u003c/p>\n\u003cp>She was joined by several others affiliated with her group, a statewide coalition of immigrant youth organizations.\u003c/p>\n\u003cp>She later said in an interview that the coalition had repeatedly contacted the Department of Homeland Security to seek clarity on the \u003ca href=\"https://www.ice.gov/pep\" target=\"_blank\">Priority Enforcement Program\u003c/a> -- a new system for local and state law enforcement to partner with federal immigration officials. The program, sometimes referred to as PEP-Comm, was announced last November to replace the controversial Secure Communities Program.\u003c/p>\n\u003cp>In response to her comments, Johnson said the Secure Communities Program \"created a lot of legal and political controversy, because that program was rounding up people based on mere warrants, and not convictions. It was also creating litigation. ... So, we’ve ended the Secure Communities Program ...”\u003c/p>\n\u003cp>But Valenciano interrupted him again, saying, “No, you have recreated it through the PEP-Comm program.”\u003c/p>\n\u003cp>“I disagree,” Johnson replied.\u003c/p>\n\u003cp>Valenciano continued venting loudly about deportation policies until she was escorted out by campus guards. “Don’t do that,” Johnson told them initially. “Let her stay.”\u003c/p>\n\u003cp>The disruption continued, though, and she was ultimately removed from the venue while protesters outside the forum banged on doors, chanting, “Shut down ICE! Shut Down ICE!” Valenciano later said the purpose was to let the DHS chief know that “the community is going to push back.”\u003c/p>\n\u003cp>Secure Communities began in 2008 as a collaboration between ICE and local law enforcement agencies, to facilitate deportation of individuals arrested for crimes. In November, President Barack Obama issued a directive \u003ca href=\"http://www.pbs.org/wgbh/pages/frontline/immigration-2/obamas-immigration-plan-includes-end-to-secure-communities/\">to end the controversial program\u003c/a>. Activists have stressed that deportations can separate families and cause upheaval in individuals' lives.\u003c/p>\n\u003cp>Under ICE's PEP program, fingerprints of individuals booked for criminal violations are automatically sent to the FBI for criminal history and warrant checks; that biometric data is simultaneously sent to ICE. If ICE deems the individual to be a “priority for removal” based on these records, they can ask the local law enforcement agency to notify them before releasing the individual from custody.\u003c/p>\n\u003cp>But immigrant rights organizations say PEP contains similar pitfalls to Secure Communities. In a \u003ca href=\"http://www.caimmigrant.org/groups-celebrate-s-comm-end/\" target=\"_blank\">statement \u003c/a>issued just after the new program was announced, the California Immigrant Policy Center said that under the new system, “some immigrants will be transferred into ICE custody after contact with local police, and therefore many immigrant communities will still fear reporting crime to local police.”\u003c/p>\n\u003cp>The issue of police cooperation with immigration authorities has been a topic of debate in recent months, following the July 1 \u003ca href=\"http://ww2.kqed.org/news/2015/07/07/mirkarimi-immigration-authorities-trade-blame-in-pier-14-shooting\" target=\"_blank\">shooting death of Kate Steinle\u003c/a> on San Francisco’s Pier 14. In that case, controversy centered on how the San Francisco Sheriff’s Department handles ICE requests.\u003c/p>\n\u003cp>Sergey Mann, a junior economics major at UC Berkeley who serves as public relations manager for the \u003ca href=\"http://forum.berkeley.edu/\" target=\"_blank\">Berkeley Forum\u003c/a>, said his organization seeks to encourage student dialogue with influential figures.\u003c/p>\n\u003cp>“There was a large group of people gathered outside, protesting. The secretary tried to engage with them,” Mann said in a phone interview. “They basically said, 'We won’t talk to you until you agree to end all deportations.' ”\u003c/p>\n\u003cp>In the past, the Berkeley Forum has hosted big names, including Sen. Rand Paul, (R-Kentucky) and venture capitalist Peter Thiel, whose appearance was cut short last December when protesters stormed the stage.\u003c/p>\n\u003cp>For events such as Johnson’s talk, which drew a large crowd, he said the typical format is to ask members of the audience to submit their questions on cards at the start of the program.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There’s no intentional filtering of topics, Mann said, but “we just want to make sure that they are good questions.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. Secretary of Homeland Security Jeh Johnson's talk at UC Berkeley Tuesday night included a heated verbal exchange that lasted several minutes, after an immigrant rights activist interrupted him at high volume.\u003c/p>\n\u003cp>In \u003ca href=\"https://www.facebook.com/ciyja/videos/967753513283631/\">a video posted to social media\u003c/a>, Sandy Valenciano, an organizer with the California Immigrant Youth Justice Alliance, can be seen standing across the room as she loudly pressures Johnson on U.S. Immigration and Customs Enforcement’s deportation policies.\u003c/p>\n\u003cp>Titled “Threats to Homeland,” \u003ca href=\"https://www.youtube.com/watch?v=uX0fZ2HBTH8\" target=\"_blank\">Johnson’s talk\u003c/a> was organized by the Berkeley Forum, a student-led organization created in 2012. The event drew around 300 attendees.\u003c/p>\n\u003cp>“A few weeks ago, ICE did a raid in Southern California of 240 people -- that was under your jurisdiction,” Valenciano can be heard telling Johnson in the video, referring to \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-240-immigrants-arrested-ice-20150831-story.html\">a four-day sweep in late August that was covered by the Los Angeles Times\u003c/a>. “Why do you continue to violate the Fourth Amendment rights of immigrants?”\u003c/p>\n\u003cp>“Are you done?” Johnson asks in response.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I am not done,” Valenciano shoots back.\u003c/p>\n\u003cp>She was joined by several others affiliated with her group, a statewide coalition of immigrant youth organizations.\u003c/p>\n\u003cp>She later said in an interview that the coalition had repeatedly contacted the Department of Homeland Security to seek clarity on the \u003ca href=\"https://www.ice.gov/pep\" target=\"_blank\">Priority Enforcement Program\u003c/a> -- a new system for local and state law enforcement to partner with federal immigration officials. The program, sometimes referred to as PEP-Comm, was announced last November to replace the controversial Secure Communities Program.\u003c/p>\n\u003cp>In response to her comments, Johnson said the Secure Communities Program \"created a lot of legal and political controversy, because that program was rounding up people based on mere warrants, and not convictions. It was also creating litigation. ... So, we’ve ended the Secure Communities Program ...”\u003c/p>\n\u003cp>But Valenciano interrupted him again, saying, “No, you have recreated it through the PEP-Comm program.”\u003c/p>\n\u003cp>“I disagree,” Johnson replied.\u003c/p>\n\u003cp>Valenciano continued venting loudly about deportation policies until she was escorted out by campus guards. “Don’t do that,” Johnson told them initially. “Let her stay.”\u003c/p>\n\u003cp>The disruption continued, though, and she was ultimately removed from the venue while protesters outside the forum banged on doors, chanting, “Shut down ICE! Shut Down ICE!” Valenciano later said the purpose was to let the DHS chief know that “the community is going to push back.”\u003c/p>\n\u003cp>Secure Communities began in 2008 as a collaboration between ICE and local law enforcement agencies, to facilitate deportation of individuals arrested for crimes. In November, President Barack Obama issued a directive \u003ca href=\"http://www.pbs.org/wgbh/pages/frontline/immigration-2/obamas-immigration-plan-includes-end-to-secure-communities/\">to end the controversial program\u003c/a>. Activists have stressed that deportations can separate families and cause upheaval in individuals' lives.\u003c/p>\n\u003cp>Under ICE's PEP program, fingerprints of individuals booked for criminal violations are automatically sent to the FBI for criminal history and warrant checks; that biometric data is simultaneously sent to ICE. If ICE deems the individual to be a “priority for removal” based on these records, they can ask the local law enforcement agency to notify them before releasing the individual from custody.\u003c/p>\n\u003cp>But immigrant rights organizations say PEP contains similar pitfalls to Secure Communities. In a \u003ca href=\"http://www.caimmigrant.org/groups-celebrate-s-comm-end/\" target=\"_blank\">statement \u003c/a>issued just after the new program was announced, the California Immigrant Policy Center said that under the new system, “some immigrants will be transferred into ICE custody after contact with local police, and therefore many immigrant communities will still fear reporting crime to local police.”\u003c/p>\n\u003cp>The issue of police cooperation with immigration authorities has been a topic of debate in recent months, following the July 1 \u003ca href=\"http://ww2.kqed.org/news/2015/07/07/mirkarimi-immigration-authorities-trade-blame-in-pier-14-shooting\" target=\"_blank\">shooting death of Kate Steinle\u003c/a> on San Francisco’s Pier 14. In that case, controversy centered on how the San Francisco Sheriff’s Department handles ICE requests.\u003c/p>\n\u003cp>Sergey Mann, a junior economics major at UC Berkeley who serves as public relations manager for the \u003ca href=\"http://forum.berkeley.edu/\" target=\"_blank\">Berkeley Forum\u003c/a>, said his organization seeks to encourage student dialogue with influential figures.\u003c/p>\n\u003cp>“There was a large group of people gathered outside, protesting. The secretary tried to engage with them,” Mann said in a phone interview. “They basically said, 'We won’t talk to you until you agree to end all deportations.' ”\u003c/p>\n\u003cp>In the past, the Berkeley Forum has hosted big names, including Sen. Rand Paul, (R-Kentucky) and venture capitalist Peter Thiel, whose appearance was cut short last December when protesters stormed the stage.\u003c/p>\n\u003cp>For events such as Johnson’s talk, which drew a large crowd, he said the typical format is to ask members of the audience to submit their questions on cards at the start of the program.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>There’s no intentional filtering of topics, Mann said, but “we just want to make sure that they are good questions.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A federal judge in Los Angeles has ordered the government to release immigrant children from family detention centers \"without unnecessary delay,\" and with their mothers when possible, according to court papers.\u003c/p>\n\u003cp>In a filing late Friday, U.S. District Judge Dolly Gee refused the government's request to reconsider \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-judge-orders-release-of-immigrant-children-mothers-from-detention-centers-20150725-story.html\" target=\"_blank\">her ruling in late July\u003c/a> that children held in family detention centers after crossing the U.S.-Mexico border illegally must be released rapidly.\u003c/p>\n\u003cp>Calling the government's latest arguments \"repackaged and reheated,\" she found the U.S. Department of Homeland Security in breach of a long-standing legal agreement stipulating that immigrant children cannot be held in unlicensed secured facilities, and gave agency officials until Oct. 23 to comply.\u003c/p>\n\u003cp>Lawyers for Homeland Security had asked the judge to reconsider her ruling, arguing that the agency was already doing its best to move families through detention quickly and that the facilities had been converted into short-term processing centers.\u003c/p>\n\u003cp>Attorneys for the government are reviewing the order, said Nicole Navas, a spokeswoman for the Department of Justice, on Friday night.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>This is the second time Gee has ruled that detaining children violates parts of a 1997 settlement from an earlier case. The settlement requires minors to be placed with a relative or in appropriate non-secure custody within five days. If there is a large influx of minors, times may be longer, but children still must be released as expeditiously as possible under the terms of the law.\u003c/p>\n\u003cp>In her order, Gee countered that immigration officials \"routinely failed to proceed as expeditiously as possible to place accompanied minors, and in some instances, may still be unnecessarily dragging their feet now.\"\u003c/p>\n\u003cp>Peter Schey, executive director of the Center for Human Rights and Constitutional Law, said that the court's order \"will protect refugee children and their mothers from lengthy and entirely senseless detention.\"\u003c/p>\n\u003cp>The government poured millions of dollars into two large detention centers in Texas after tens of thousands of immigrant families, mostly mothers with children from Central America, crossed the Rio Grande into the U.S. last summer. Many have petitioned for asylum after fleeing gang and domestic violence back home.\u003c/p>\n\u003cp>The centers in Karnes City and Dilley, both south of San Antonio, recently held more than 1,300 women and children combined. A third, smaller facility located in Berks County, Pennsylvania, held about 70 people. All three are overseen by U.S. Immigration and Customs Enforcement, but the two centers in Texas are run by private prison operators.\u003c/p>\n\u003cp>Between September 2013 and October 2014, some 68,000 family members — mostly mothers with children in tow — were caught at the border, according to U.S. Customs and Border Protection. Between last October and July of this year, fewer than 30,000 have been apprehended, a drop authorities say is a result of better enforcement in both the U.S. and Mexico.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In her order Friday, Gee challenged Homeland Security's claim that drastically limiting or ending its family detention policy could spark another surge in illegal border crossings, calling this \"speculative at best\" and \"fear-mongering.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge in Los Angeles has ordered the government to release immigrant children from family detention centers \"without unnecessary delay,\" and with their mothers when possible, according to court papers.\u003c/p>\n\u003cp>In a filing late Friday, U.S. District Judge Dolly Gee refused the government's request to reconsider \u003ca href=\"http://www.latimes.com/local/lanow/la-me-ln-judge-orders-release-of-immigrant-children-mothers-from-detention-centers-20150725-story.html\" target=\"_blank\">her ruling in late July\u003c/a> that children held in family detention centers after crossing the U.S.-Mexico border illegally must be released rapidly.\u003c/p>\n\u003cp>Calling the government's latest arguments \"repackaged and reheated,\" she found the U.S. Department of Homeland Security in breach of a long-standing legal agreement stipulating that immigrant children cannot be held in unlicensed secured facilities, and gave agency officials until Oct. 23 to comply.\u003c/p>\n\u003cp>Lawyers for Homeland Security had asked the judge to reconsider her ruling, arguing that the agency was already doing its best to move families through detention quickly and that the facilities had been converted into short-term processing centers.\u003c/p>\n\u003cp>Attorneys for the government are reviewing the order, said Nicole Navas, a spokeswoman for the Department of Justice, on Friday night.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This is the second time Gee has ruled that detaining children violates parts of a 1997 settlement from an earlier case. The settlement requires minors to be placed with a relative or in appropriate non-secure custody within five days. If there is a large influx of minors, times may be longer, but children still must be released as expeditiously as possible under the terms of the law.\u003c/p>\n\u003cp>In her order, Gee countered that immigration officials \"routinely failed to proceed as expeditiously as possible to place accompanied minors, and in some instances, may still be unnecessarily dragging their feet now.\"\u003c/p>\n\u003cp>Peter Schey, executive director of the Center for Human Rights and Constitutional Law, said that the court's order \"will protect refugee children and their mothers from lengthy and entirely senseless detention.\"\u003c/p>\n\u003cp>The government poured millions of dollars into two large detention centers in Texas after tens of thousands of immigrant families, mostly mothers with children from Central America, crossed the Rio Grande into the U.S. last summer. Many have petitioned for asylum after fleeing gang and domestic violence back home.\u003c/p>\n\u003cp>The centers in Karnes City and Dilley, both south of San Antonio, recently held more than 1,300 women and children combined. A third, smaller facility located in Berks County, Pennsylvania, held about 70 people. All three are overseen by U.S. Immigration and Customs Enforcement, but the two centers in Texas are run by private prison operators.\u003c/p>\n\u003cp>Between September 2013 and October 2014, some 68,000 family members — mostly mothers with children in tow — were caught at the border, according to U.S. Customs and Border Protection. Between last October and July of this year, fewer than 30,000 have been apprehended, a drop authorities say is a result of better enforcement in both the U.S. and Mexico.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In her order Friday, Gee challenged Homeland Security's claim that drastically limiting or ending its family detention policy could spark another surge in illegal border crossings, calling this \"speculative at best\" and \"fear-mongering.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "ICE Frees Berkeley Man Facing Deportation to China",
"title": "ICE Frees Berkeley Man Facing Deportation to China",
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"content": "\u003cp>In what appears to be an abrupt reversal, U.S. Immigration and Customs Enforcement officials have released a Berkeley recycling program director from detention.\u003c/p>\n\u003cp>Daniel Maher, a convicted felon who has lived under threat of deportation to China for nearly 15 years, was released from ICE custody Friday morning after spending over two months in various immigrant detention facilities around California, according to his attorney, Anoop Prasad with the Asian Law Caucus.\u003c/p>\n\u003cp>ICE detained Maher in early June as part of a broader crackdown on Chinese nationals subject to deportation, and undocumented immigrants with prior serious criminal convictions. Maher, who immigrated legally to the United States from his native Macau when he was just 3 years old, fit both descriptions and was suddenly faced with the possibility that he'd be sent to a country he's never known. He speaks neither Mandarin nor Cantonese.\u003c/p>\n\u003cp>But while Maher's case is not unique -- Prasad says he's aware of more than 50 Chinese nationals swept up in early summer raids as ICE prepared for a renewed deportation agreement between the U.S. and China -- his \u003ca href=\"http://ecologycenter.org/blog/ecology-centers-recycling-director-daniel-maher-faces-unjust-deportation/\" target=\"_blank\">reputation\u003c/a> in Berkeley made him a good candidate to highlight the international issue, an immigrant advocate who coordinated protests over Maher's detention said.\u003c/p>\n\u003cp>https://twitter.com/KatrinaManubay/status/618669757986770944\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The attorneys at the Asian Law Caucus had interviewed quite a few detainees, Chinese detainees, who were in a similar situation as Daniel,\" said Annette Wong with the San Francisco-based group Chinese for Affirmative Action. \"We talked about it, and we identified Daniel as somebody that we wanted to begin a campaign for, because he had so much community support.\"\u003c/p>\n\u003cp>Maher's recent incarceration wasn't the first stretch he'd spent in an immigration detention cell. He was detained for about a year in 2000 after serving a 5-year state prison sentence for armed robbery, kidnapping and a firearms offense. Those convictions made him a priority for removal when he got out of prison, but Chinese officials wouldn't agree to take Maher or many other Chinese nationals.\u003c/p>\n\u003cp>\"For months, deportation officers with the former Immigration and Naturalization Service sought to obtain a travel document from the Chinese government to carry out the removal order,\" ICE spokeswoman Virgina Kice wrote in response to KQED's questions about Maher's case. \"However, Chinese authorities declined to provide the necessary documentation and a federal judge ultimately ordered the former INS to release Mr. Maher on a writ of \u003ca href=\"https://www.law.cornell.edu/wex/habeas_corpus\" target=\"_blank\">habeas corpus\u003c/a>. He was freed by the INS in August 2001 under an order of supervision, requiring him to report in regularly to a deportation officer.\"\u003c/p>\n\u003cp>As a convicted aggravated felon, Maher remains an \u003ca href=\"http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf\" target=\"_blank\">enforcement priority\u003c/a>, Kice wrote.\u003c/p>\n\u003cp>\"Historically, the U.S. and China have not had a repatriation agreement,\" Prasad said. \"The result’s been for decades now, the U.S. has had difficulty deporting Chinese citizens back to China. Recently that has started to change as the U.S. and China have entered into negotiations.\"\u003c/p>\n\u003cp>According to ICE, those negotiations came to a memorandum of understanding between the agency and the Chinese government, signed in March.\u003c/p>\n\u003cp>\"The MOU outlines the process by which Chinese experts travel to the U.S. to interview Chinese nationals (who are under final orders of removal) to verify their identity and citizenship,\" Kice wrote. \"In late June 2015, the first team of experts traveled from Beijing to the United States to implement the MOU and are currently interviewing Chinese nationals who are ICE priorities for removal.\"\u003c/p>\n\u003cp>Wong said the latest MOU -- similar to an agreement signed in 2006 -- coincides with deportation priorities announced by the Obama administration in November, specifically the \u003ca href=\"https://www.ice.gov/pep\" target=\"_blank\">Priority Enforcement Program\u003c/a>, the successor to ICE's old Secure Communities initiative.\u003c/p>\n\u003cp>\"President Obama is putting as a priority for deportation people that have past criminal convictions,\" Wong said. \"The priorities laid out in [PEP] kind of flow into this agreement that’s happened between the United States and China.\"\u003c/p>\n\u003cp>But she added, \"When we look at people with past criminal history, people are more than the worst 15 minutes of their life, and people shouldn’t be labeled criminals for the rest of their lives because they made one mistake. Clearly, there are people out there who have rehabilitated themselves. They’ve integrated themselves into a community. They’re contributing members of society.\"\u003c/p>\n\u003cp>https://twitter.com/EcologyCenter/status/622105754053427200\u003c/p>\n\u003cp>Prasad said the expectation of a working deportation process and the administration's focus on deporting \"felons not families\" led to stepped-up immigration enforcement against Chinese nationals in early June.\u003c/p>\n\u003cp>But if Maher's case provides any indication, the process is not working smoothly.\u003c/p>\n\u003cp>After another 70 days of incarceration waiting to be deported, ICE was forced to release Maher again \"after it became apparent the agency would not be able to obtain a travel document from the Chinese government in the foreseeable future to carry out his repatriation,\" Kice wrote. \"Mr. Maher was released under an order of supervision, which will require him to report to ICE periodically to ensure he is complying with the conditions of his release.\"\u003c/p>\n\u003cp>The agency did not respond to questions about other Chinese nationals detained under circumstances similar to those of Maher -- including how many had been detained since March, whether any had been released because ICE was unable to attain travel documents from China, and whether any had been deported or repatriated to China.\u003c/p>\n\u003cp>\"What we do know is that there hasn’t been a repatriation agreement signed,\" Prasad said. \"Of the group that we’ve been watching of people picked up in these raids, ICE has not been able to deport anyone, and we’re closing in on three months now of these people sitting in detention. ICE has not been able to secure a travel document for anyone yet.\"\u003c/p>\n\u003cp>Prasad said he believes Maher was released because of the community pressure the agency faced.\u003c/p>\n\u003cp>\"We had just concluded a rally outside of ICE’s offices on Wednesday,\" he said. \"There was a petition which had received over 3,000 signatures. They were getting phone calls on a daily basis about Daniel’s case, and we’d also just filed a lawsuit.\"\u003c/p>\n\u003cp>Not everyone ICE detained gets that kind of attention, though.\u003c/p>\n\u003cp>\"There are so many people -- not just folks from China but from all over the world -- that are in immigration detention in really deplorable conditions as well,\" Wong said. \"It’s really unfortunate that we’re not able to do campaigns for every single person in detention.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Maher is expected to address news media on Thursday, Wong and Prasad said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The attorneys at the Asian Law Caucus had interviewed quite a few detainees, Chinese detainees, who were in a similar situation as Daniel,\" said Annette Wong with the San Francisco-based group Chinese for Affirmative Action. \"We talked about it, and we identified Daniel as somebody that we wanted to begin a campaign for, because he had so much community support.\"\u003c/p>\n\u003cp>Maher's recent incarceration wasn't the first stretch he'd spent in an immigration detention cell. He was detained for about a year in 2000 after serving a 5-year state prison sentence for armed robbery, kidnapping and a firearms offense. Those convictions made him a priority for removal when he got out of prison, but Chinese officials wouldn't agree to take Maher or many other Chinese nationals.\u003c/p>\n\u003cp>\"For months, deportation officers with the former Immigration and Naturalization Service sought to obtain a travel document from the Chinese government to carry out the removal order,\" ICE spokeswoman Virgina Kice wrote in response to KQED's questions about Maher's case. \"However, Chinese authorities declined to provide the necessary documentation and a federal judge ultimately ordered the former INS to release Mr. Maher on a writ of \u003ca href=\"https://www.law.cornell.edu/wex/habeas_corpus\" target=\"_blank\">habeas corpus\u003c/a>. He was freed by the INS in August 2001 under an order of supervision, requiring him to report in regularly to a deportation officer.\"\u003c/p>\n\u003cp>As a convicted aggravated felon, Maher remains an \u003ca href=\"http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf\" target=\"_blank\">enforcement priority\u003c/a>, Kice wrote.\u003c/p>\n\u003cp>\"Historically, the U.S. and China have not had a repatriation agreement,\" Prasad said. \"The result’s been for decades now, the U.S. has had difficulty deporting Chinese citizens back to China. Recently that has started to change as the U.S. and China have entered into negotiations.\"\u003c/p>\n\u003cp>According to ICE, those negotiations came to a memorandum of understanding between the agency and the Chinese government, signed in March.\u003c/p>\n\u003cp>\"The MOU outlines the process by which Chinese experts travel to the U.S. to interview Chinese nationals (who are under final orders of removal) to verify their identity and citizenship,\" Kice wrote. \"In late June 2015, the first team of experts traveled from Beijing to the United States to implement the MOU and are currently interviewing Chinese nationals who are ICE priorities for removal.\"\u003c/p>\n\u003cp>Wong said the latest MOU -- similar to an agreement signed in 2006 -- coincides with deportation priorities announced by the Obama administration in November, specifically the \u003ca href=\"https://www.ice.gov/pep\" target=\"_blank\">Priority Enforcement Program\u003c/a>, the successor to ICE's old Secure Communities initiative.\u003c/p>\n\u003cp>\"President Obama is putting as a priority for deportation people that have past criminal convictions,\" Wong said. \"The priorities laid out in [PEP] kind of flow into this agreement that’s happened between the United States and China.\"\u003c/p>\n\u003cp>But she added, \"When we look at people with past criminal history, people are more than the worst 15 minutes of their life, and people shouldn’t be labeled criminals for the rest of their lives because they made one mistake. Clearly, there are people out there who have rehabilitated themselves. They’ve integrated themselves into a community. They’re contributing members of society.\"\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Prasad said the expectation of a working deportation process and the administration's focus on deporting \"felons not families\" led to stepped-up immigration enforcement against Chinese nationals in early June.\u003c/p>\n\u003cp>But if Maher's case provides any indication, the process is not working smoothly.\u003c/p>\n\u003cp>After another 70 days of incarceration waiting to be deported, ICE was forced to release Maher again \"after it became apparent the agency would not be able to obtain a travel document from the Chinese government in the foreseeable future to carry out his repatriation,\" Kice wrote. \"Mr. Maher was released under an order of supervision, which will require him to report to ICE periodically to ensure he is complying with the conditions of his release.\"\u003c/p>\n\u003cp>The agency did not respond to questions about other Chinese nationals detained under circumstances similar to those of Maher -- including how many had been detained since March, whether any had been released because ICE was unable to attain travel documents from China, and whether any had been deported or repatriated to China.\u003c/p>\n\u003cp>\"What we do know is that there hasn’t been a repatriation agreement signed,\" Prasad said. \"Of the group that we’ve been watching of people picked up in these raids, ICE has not been able to deport anyone, and we’re closing in on three months now of these people sitting in detention. ICE has not been able to secure a travel document for anyone yet.\"\u003c/p>\n\u003cp>Prasad said he believes Maher was released because of the community pressure the agency faced.\u003c/p>\n\u003cp>\"We had just concluded a rally outside of ICE’s offices on Wednesday,\" he said. \"There was a petition which had received over 3,000 signatures. They were getting phone calls on a daily basis about Daniel’s case, and we’d also just filed a lawsuit.\"\u003c/p>\n\u003cp>Not everyone ICE detained gets that kind of attention, though.\u003c/p>\n\u003cp>\"There are so many people -- not just folks from China but from all over the world -- that are in immigration detention in really deplorable conditions as well,\" Wong said. \"It’s really unfortunate that we’re not able to do campaigns for every single person in detention.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Deported Central American Immigrants Often Delivered Back Into Danger",
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"content": "\u003cp>President Barack Obama’s executive action on immigration could grant temporary relief to up to 5 million people facing deportation. Millions more won’t be helped. That includes tens of thousands of Central Americans, many of them children and families, who overwhelmed the Southwest border earlier this year.\u003c/p>\n\u003cp>In announcing his action, the president said deportation of people who crossed the border illegally remains a priority. But just what does the return journey entail?\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/180147051\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>An undocumented adult or child from Central America typically crosses into the United States through Mexico. But because they’re not \u003cem>from\u003c/em> Mexico, authorities can’t just send them back across the border.\u003c/p>\n\u003cp>So, the return home for a Central American deportee usually starts with a flight aboard ICE Air, the U.S. Immigration and Customs Enforcement air transport program. It flies hundreds of missions each year from a municipal airport in Mesa, Arizona.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In video footage obtained from ICE, adult deportees from Guatemala are marched single file across an airport tarmac and onto an awaiting airliner. All passengers are given meals, access to restrooms and other necessities. Any child traveling alone must be personally escorted by an ICE agent.\u003c/p>\n\u003cp>ICE Air currently conducts about 25 removal flights a week to Guatemala, Honduras and El Salvador -- the Central American countries with the highest rates of illegal immigration to the United States. ICE’s authority ends when deportees walk off the plane in their home country.\u003c/p>\n\u003cp>[youtube http://www.youtube.com/watch?v=Y1xibIIzz9g&w=640&h=360]\u003c/p>\n\u003cp>On a weekday morning earlier this year, an ICE Air flight touched down just outside San Salvador. Nine children and their mothers were among the deportees.\u003c/p>\n\u003cp>Jose Angel, a young father who did not want his last named used, was picking up his wife Sonia, 23, and the couple’s 5-year-old son.\u003c/p>\n\u003cp>A Salvadoran government official pointed Jose Angel to a secured area where he could meet them. Mother and child had been held together for several weeks at an ICE detention center in New Mexico. This was not the reunion the family had hoped for.\u003c/p>\n\u003cp>After Sonia returned home, our colleagues at NPR affiliate KJZZ reached her by cell phone.\u003c/p>\n\u003cp>She explained that she had fled to the U.S. after being threatened by local gang members trying to shake her down for money. That was to be the basis of Sonia’s asylum claim. But she never got the chance to plead her case. Her son got sick while they were held in detention. And Sonia got scared.\u003c/p>\n\u003cp>“When we arrived, he was healthy,\" said Sonia. \"But then he got sick. He had a fever for eight days and they wouldn’t take care of him. My child wouldn’t eat anything.”\u003c/p>\n\u003cp>Sonia worried her son would grow sicker while she waited for an immigration hearing. Despite spending $6,000 in savings trying to get to the U.S., she opted for a voluntary departure.\u003c/p>\n\u003caside class=\"pullquote alignright\">'They return to Honduras, and three or four days later the newspaper reports that they’ve been killed.'\u003ccite>Sister Valdette Willeman\u003c/cite>\u003c/aside>\n\u003cp>In Honduras, Sister Valdette Willeman sees women like Sonia every day. The transplanted Brazilian nun directs the Center for Returned Migrant Services.\u003c/p>\n\u003cp>“We’ve received women, yes, and also children accompanied by their mothers,\" said Willeman by phone. \"So far, we’ve had 123 kids sent back from the United States.\"\u003c/p>\n\u003cp>Willeman operates out of the main airport in San Pedro Sula helping returning migrants when they get off the plane, offering a little cash, a meal and help finding transportation home.\u003c/p>\n\u003cp>San Pedro Sula is a battleground for warring gangs that earned it an unfortunate title: murder capital of the world. Its homicide rate is about 25 times higher than in Los Angeles. Willeman worries that returning Hondurans may be plunged right back into danger.\u003c/p>\n\u003cp>\"They return to Honduras, and three or four days later the newspaper reports that they’ve been killed,\" she said. \"I think the United States should open up a bit and take a careful look at every Honduran who’s in its immigration jails, just trying to save their lives.\"\u003c/p>\n\u003cp>This summer the U.S. pledged over $250 million to El Salvador, Honduras and Guatemala -- aid for reintegrating migrants and improving public safety.\u003c/p>\n\u003cp>It’s still too early to tell if these and other efforts are helping stem the exodus of immigrants from Central America. But the number of unaccompanied minors from Central America apprehended along the Southwest border is down dramatically, from a peak of nearly 11,000 in June to around 2,500 in October. The number of families, like Sonia and her son, has also dropped sharply: from over 16,000 in June to just over 2,000 in October.\u003c/p>\n\u003cp>Back in El Salvador, Sonia says she rarely leaves her house, for fear of the gangs she was trying to escape.\u003c/p>\n\u003cp>\"I haven’t gone out … only just to the store,\" she said. \"Because I’m scared.\"\u003c/p>\n\u003cp>And she said she plans to flee El Salvador again with her son.\u003c/p>\n\u003cp>\" Yeah, that’s what we’re thinking,\" she said. \"If they keep harassing us, we’re going to have to leave here and go somewhere else.\"\u003c/p>\n\u003cp>Perhaps she'll try another country in Central America. Sonia’s hopes of returning to the U.S. have diminished: She’s out of money and she fears her chance at winning asylum is slim.\u003c/p>\n\u003cp>Still, most days the risk of detention and deportation feels less intimidating than her life at home.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Jude Joffe-Block of KJZZ in Phoenix, Arizona contributed to this story with reporting from El Salvador.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>President Barack Obama’s executive action on immigration could grant temporary relief to up to 5 million people facing deportation. Millions more won’t be helped. That includes tens of thousands of Central Americans, many of them children and families, who overwhelmed the Southwest border earlier this year.\u003c/p>\n\u003cp>In announcing his action, the president said deportation of people who crossed the border illegally remains a priority. But just what does the return journey entail?\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/180147051&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/180147051'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>An undocumented adult or child from Central America typically crosses into the United States through Mexico. But because they’re not \u003cem>from\u003c/em> Mexico, authorities can’t just send them back across the border.\u003c/p>\n\u003cp>So, the return home for a Central American deportee usually starts with a flight aboard ICE Air, the U.S. Immigration and Customs Enforcement air transport program. It flies hundreds of missions each year from a municipal airport in Mesa, Arizona.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In video footage obtained from ICE, adult deportees from Guatemala are marched single file across an airport tarmac and onto an awaiting airliner. All passengers are given meals, access to restrooms and other necessities. Any child traveling alone must be personally escorted by an ICE agent.\u003c/p>\n\u003cp>ICE Air currently conducts about 25 removal flights a week to Guatemala, Honduras and El Salvador -- the Central American countries with the highest rates of illegal immigration to the United States. ICE’s authority ends when deportees walk off the plane in their home country.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/Y1xibIIzz9g'\n title='//www.youtube.com/embed/Y1xibIIzz9g'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/p>\n\u003cp>On a weekday morning earlier this year, an ICE Air flight touched down just outside San Salvador. Nine children and their mothers were among the deportees.\u003c/p>\n\u003cp>Jose Angel, a young father who did not want his last named used, was picking up his wife Sonia, 23, and the couple’s 5-year-old son.\u003c/p>\n\u003cp>A Salvadoran government official pointed Jose Angel to a secured area where he could meet them. Mother and child had been held together for several weeks at an ICE detention center in New Mexico. This was not the reunion the family had hoped for.\u003c/p>\n\u003cp>After Sonia returned home, our colleagues at NPR affiliate KJZZ reached her by cell phone.\u003c/p>\n\u003cp>She explained that she had fled to the U.S. after being threatened by local gang members trying to shake her down for money. That was to be the basis of Sonia’s asylum claim. But she never got the chance to plead her case. Her son got sick while they were held in detention. And Sonia got scared.\u003c/p>\n\u003cp>“When we arrived, he was healthy,\" said Sonia. \"But then he got sick. He had a fever for eight days and they wouldn’t take care of him. My child wouldn’t eat anything.”\u003c/p>\n\u003cp>Sonia worried her son would grow sicker while she waited for an immigration hearing. Despite spending $6,000 in savings trying to get to the U.S., she opted for a voluntary departure.\u003c/p>\n\u003caside class=\"pullquote alignright\">'They return to Honduras, and three or four days later the newspaper reports that they’ve been killed.'\u003ccite>Sister Valdette Willeman\u003c/cite>\u003c/aside>\n\u003cp>In Honduras, Sister Valdette Willeman sees women like Sonia every day. The transplanted Brazilian nun directs the Center for Returned Migrant Services.\u003c/p>\n\u003cp>“We’ve received women, yes, and also children accompanied by their mothers,\" said Willeman by phone. \"So far, we’ve had 123 kids sent back from the United States.\"\u003c/p>\n\u003cp>Willeman operates out of the main airport in San Pedro Sula helping returning migrants when they get off the plane, offering a little cash, a meal and help finding transportation home.\u003c/p>\n\u003cp>San Pedro Sula is a battleground for warring gangs that earned it an unfortunate title: murder capital of the world. Its homicide rate is about 25 times higher than in Los Angeles. Willeman worries that returning Hondurans may be plunged right back into danger.\u003c/p>\n\u003cp>\"They return to Honduras, and three or four days later the newspaper reports that they’ve been killed,\" she said. \"I think the United States should open up a bit and take a careful look at every Honduran who’s in its immigration jails, just trying to save their lives.\"\u003c/p>\n\u003cp>This summer the U.S. pledged over $250 million to El Salvador, Honduras and Guatemala -- aid for reintegrating migrants and improving public safety.\u003c/p>\n\u003cp>It’s still too early to tell if these and other efforts are helping stem the exodus of immigrants from Central America. But the number of unaccompanied minors from Central America apprehended along the Southwest border is down dramatically, from a peak of nearly 11,000 in June to around 2,500 in October. The number of families, like Sonia and her son, has also dropped sharply: from over 16,000 in June to just over 2,000 in October.\u003c/p>\n\u003cp>Back in El Salvador, Sonia says she rarely leaves her house, for fear of the gangs she was trying to escape.\u003c/p>\n\u003cp>\"I haven’t gone out … only just to the store,\" she said. \"Because I’m scared.\"\u003c/p>\n\u003cp>And she said she plans to flee El Salvador again with her son.\u003c/p>\n\u003cp>\" Yeah, that’s what we’re thinking,\" she said. \"If they keep harassing us, we’re going to have to leave here and go somewhere else.\"\u003c/p>\n\u003cp>Perhaps she'll try another country in Central America. Sonia’s hopes of returning to the U.S. have diminished: She’s out of money and she fears her chance at winning asylum is slim.\u003c/p>\n\u003cp>Still, most days the risk of detention and deportation feels less intimidating than her life at home.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Jude Joffe-Block of KJZZ in Phoenix, Arizona contributed to this story with reporting from El Salvador.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>http://www.kqed.org/.stream/anon/radio/tcrmag/2014/05/2014-05-30b-tcrmag.mp3\u003c/p>\n\u003cp>People being held in federal custody awaiting deportation have no legal right to a public defender. But they can in some cases marry a U.S. citizen or legal resident while in immigration detention. Marriage might stop a detainee’s deportation, but it’s no guarantee the newlyweds will live happily ever after.\u003c/p>\n\u003cp>The Immigration and Customs Enforcement detention center in the Mojave Desert town of Adelanto may not be the most romantic place on earth, with its antiseptic cream-colored walls and armed guards marching detainees down long corridors.\u003c/p>\n\u003cp>But amid the clatter of security doors and ankle shackles at this remote lockup two hours east of L.A., there is also the occasional peal of wedding bells.\u003c/p>\n\u003cp>Well, not actual wedding bells but definitely the exchange of wedding vows. The warden at Adelanto, who preferred to speak on background only, says marriages are fairly common. He’d approved several in recent weeks.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>San Francisco attorney Zach Nightingale has represented a number of clients who have tied the knot in ICE detention. \u003c/p>\n\u003cp>“Unfortunately, sometimes it’s in a visiting room where it’s through a glass partition,” says Nightingale. “I’ve seen them done sometimes in a courtroom setting. Usually it’s a free space that they have.”\u003c/p>\n\u003cp>There are strict guidelines for in-detention marriages. ICE reviews the case and, if approved, gives the warden the OK. After the warden signs off, the facility chaplain takes over.\u003c/p>\n\u003cp>Only people considered “essential” to the wedding can attend. There were just four people in Yu Wang’s wedding party.\u003c/p>\n\u003cp>“At that time my wife, my attorney and the pastor,” says Wang.\u003c/p>\n\u003cp>The Chinese national got picked up by immigration authorities two years ago after overstaying a student visa. He was studying massage therapy. He’d also fallen in love with an American woman.\u003c/p>\n\u003cp>The couple had no immediate plans to marry. Wang’s detention changed that. While being held at an ICE facility near San Diego he applied for an in-custody marriage. According to ICE guidelines, detainees should get a response within 30 days. Wang says he heard nothing.\u003c/p>\n\u003cp>“I pushed ICE and filled out the application,” says Wang. “And after two or three months, there is no response. That is why we used (a different) procedure”\u003c/p>\n\u003cfigure id=\"attachment_10140880\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/ICEOfficer.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/ICEOfficer-400x429.jpg\" alt=\"An Immigration and Customs Enforcement (ICE) officer guards a group of immigrants waiting to be deported. (Jose CABEZAS/AFP/Getty Images)\" width=\"400\" height=\"429\" class=\"size-thumbnail wp-image-10140880\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An Immigration and Customs Enforcement (ICE) officer guards a group of immigrants waiting to be deported. (Jose CABEZAS/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>With deportation looming, Wang’s attorney, Brian Jiang, found an outside pastor to come to the facility and discreetly conduct the ceremony during regular visiting hours.\u003c/p>\n\u003cp>“As long as the pastor is authorized to perform ceremonies and as long as he saw two people together, that is all he needed,” says Jiang.\u003c/p>\n\u003cp>“If you wanted to have it done inside the detention center by their own chaplain, once someone in the chain of command says ‘no,’ then it’s not going to happen.”\u003c/p>\n\u003cp>There are lots of reasons for wanting to go to such lengths to get married while in ICE detention. There is, of course, the most obvious; love. And if you marry a U.S. citizen, you can stay in the U.S … right?\u003c/p>\n\u003cp>“That is certainly a drastic overstatement of the law,” says attorney Zach Nightingale.\u003c/p>\n\u003cp>However, in some cases marriage may provide a shield from deportation.\u003c/p>\n\u003cp>“Immigration law revolves around a key concept of family unification,” explains Nightingale.\u003c/p>\n\u003cp>“And so, if a U.S. citizen marries a spouse, they can generally apply to sponsor that spouse to be granted lawful permanent residence, otherwise known as a green card.”\u003c/p>\n\u003cp>Someone like Yu Wang, for example, who overstayed a visa, could be eligible for a green card.\u003c/p>\n\u003cp>Attorney Christina Lee tells us about another man, a former client. We’ll call him Roberto. He came to the U.S. from Mexico as a tourist with his family when he was a child — and overstayed his visa.\u003c/p>\n\u003cp>Roberto, now in his early 30s, got picked up by authorities over alleged gang ties. He was never charged. But his expired visa was exposed and he was detained.\u003c/p>\n\u003cp>“He was living with his girlfriend and they were planning on getting married and actually inviting family members and having it in a church,” says Lee.\u003c/p>\n\u003cp>“Unfortunately, he was detained, so his marriage was the key to his case.”\u003c/p>\n\u003cp>Because Roberto, like Yu Wang, entered the U.S. legally, he could apply for an adjustment of status upon marrying. So he and his wife were wed while he was in immigration detention. But a honeymoon would have to wait. It took another seven months before Roberto was granted a green card and released.\u003c/p>\n\u003cp> “The marriage is only the very first step because then, after they got married, immigration is going to look at whether or not this marriage is a real marriage or not,” says Lee.\u003c/p>\n\u003cp>“So then I had to document all this evidence to show that this is client that’s been in this relationship for years and they planned on getting married at some point, maybe not this soon.”\u003c/p>\n\u003cp>Roberto is now living with his wife in Arizona. Christina Lee says such “happy endings” are rare. Most people facing deportation crossed into the U.S. without a visa. That means they can’t get legal by getting married.\u003c/p>\n\u003cp>“And I’m all for love,” laughs Lee. But in most cases she’s leery of assisting a detainee get married while in custody.\u003c/p>\n\u003cp>“If I thought legally it was a tool that would add to their case, I would definitely do it,” says Lee. “But usually they are in there for some kind of violation, and so merely getting married would not always add a benefit.”\u003c/p>\n\u003cp>Yu Wang was released from detention after being wed. But before papers could be filed and approved to adjust his legal status to that of a permanent resident, he was detained again by ICE in San Francisco and deported back to China.\u003c/p>\n\u003cp>“Oh my gosh, this is horrible actually,” says Wang by phone from his home in central China.\u003c/p>\n\u003cp>“I’m (the sole) supporter. If I am deported there are no other people who can support my daughter and my wife. I don’t know how long (until) I will return back to America.”\u003c/p>\n\u003cp>It could be a very long time. Now that he’s outside the U.S., Wang faces an enormous hurdle: a 10-year bar for re-entry.\u003c/p>\n\u003cp>The only way to avoid that is to secure a waiver by convincing authorities that his wife will suffer extreme and unusual hardship if he is not allowed to return.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>That’s a claim that even Wang’s own attorney says could be very difficult to prove with or without a wedding ring.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>http://www.kqed.org/.stream/anon/radio/tcrmag/2014/05/2014-05-30b-tcrmag.mp3\u003c/p>\n\u003cp>People being held in federal custody awaiting deportation have no legal right to a public defender. But they can in some cases marry a U.S. citizen or legal resident while in immigration detention. Marriage might stop a detainee’s deportation, but it’s no guarantee the newlyweds will live happily ever after.\u003c/p>\n\u003cp>The Immigration and Customs Enforcement detention center in the Mojave Desert town of Adelanto may not be the most romantic place on earth, with its antiseptic cream-colored walls and armed guards marching detainees down long corridors.\u003c/p>\n\u003cp>But amid the clatter of security doors and ankle shackles at this remote lockup two hours east of L.A., there is also the occasional peal of wedding bells.\u003c/p>\n\u003cp>Well, not actual wedding bells but definitely the exchange of wedding vows. The warden at Adelanto, who preferred to speak on background only, says marriages are fairly common. He’d approved several in recent weeks.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>San Francisco attorney Zach Nightingale has represented a number of clients who have tied the knot in ICE detention. \u003c/p>\n\u003cp>“Unfortunately, sometimes it’s in a visiting room where it’s through a glass partition,” says Nightingale. “I’ve seen them done sometimes in a courtroom setting. Usually it’s a free space that they have.”\u003c/p>\n\u003cp>There are strict guidelines for in-detention marriages. ICE reviews the case and, if approved, gives the warden the OK. After the warden signs off, the facility chaplain takes over.\u003c/p>\n\u003cp>Only people considered “essential” to the wedding can attend. There were just four people in Yu Wang’s wedding party.\u003c/p>\n\u003cp>“At that time my wife, my attorney and the pastor,” says Wang.\u003c/p>\n\u003cp>The Chinese national got picked up by immigration authorities two years ago after overstaying a student visa. He was studying massage therapy. He’d also fallen in love with an American woman.\u003c/p>\n\u003cp>The couple had no immediate plans to marry. Wang’s detention changed that. While being held at an ICE facility near San Diego he applied for an in-custody marriage. According to ICE guidelines, detainees should get a response within 30 days. Wang says he heard nothing.\u003c/p>\n\u003cp>“I pushed ICE and filled out the application,” says Wang. “And after two or three months, there is no response. That is why we used (a different) procedure”\u003c/p>\n\u003cfigure id=\"attachment_10140880\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/ICEOfficer.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/09/ICEOfficer-400x429.jpg\" alt=\"An Immigration and Customs Enforcement (ICE) officer guards a group of immigrants waiting to be deported. (Jose CABEZAS/AFP/Getty Images)\" width=\"400\" height=\"429\" class=\"size-thumbnail wp-image-10140880\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An Immigration and Customs Enforcement (ICE) officer guards a group of immigrants waiting to be deported. (Jose CABEZAS/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>With deportation looming, Wang’s attorney, Brian Jiang, found an outside pastor to come to the facility and discreetly conduct the ceremony during regular visiting hours.\u003c/p>\n\u003cp>“As long as the pastor is authorized to perform ceremonies and as long as he saw two people together, that is all he needed,” says Jiang.\u003c/p>\n\u003cp>“If you wanted to have it done inside the detention center by their own chaplain, once someone in the chain of command says ‘no,’ then it’s not going to happen.”\u003c/p>\n\u003cp>There are lots of reasons for wanting to go to such lengths to get married while in ICE detention. There is, of course, the most obvious; love. And if you marry a U.S. citizen, you can stay in the U.S … right?\u003c/p>\n\u003cp>“That is certainly a drastic overstatement of the law,” says attorney Zach Nightingale.\u003c/p>\n\u003cp>However, in some cases marriage may provide a shield from deportation.\u003c/p>\n\u003cp>“Immigration law revolves around a key concept of family unification,” explains Nightingale.\u003c/p>\n\u003cp>“And so, if a U.S. citizen marries a spouse, they can generally apply to sponsor that spouse to be granted lawful permanent residence, otherwise known as a green card.”\u003c/p>\n\u003cp>Someone like Yu Wang, for example, who overstayed a visa, could be eligible for a green card.\u003c/p>\n\u003cp>Attorney Christina Lee tells us about another man, a former client. We’ll call him Roberto. He came to the U.S. from Mexico as a tourist with his family when he was a child — and overstayed his visa.\u003c/p>\n\u003cp>Roberto, now in his early 30s, got picked up by authorities over alleged gang ties. He was never charged. But his expired visa was exposed and he was detained.\u003c/p>\n\u003cp>“He was living with his girlfriend and they were planning on getting married and actually inviting family members and having it in a church,” says Lee.\u003c/p>\n\u003cp>“Unfortunately, he was detained, so his marriage was the key to his case.”\u003c/p>\n\u003cp>Because Roberto, like Yu Wang, entered the U.S. legally, he could apply for an adjustment of status upon marrying. So he and his wife were wed while he was in immigration detention. But a honeymoon would have to wait. It took another seven months before Roberto was granted a green card and released.\u003c/p>\n\u003cp> “The marriage is only the very first step because then, after they got married, immigration is going to look at whether or not this marriage is a real marriage or not,” says Lee.\u003c/p>\n\u003cp>“So then I had to document all this evidence to show that this is client that’s been in this relationship for years and they planned on getting married at some point, maybe not this soon.”\u003c/p>\n\u003cp>Roberto is now living with his wife in Arizona. Christina Lee says such “happy endings” are rare. Most people facing deportation crossed into the U.S. without a visa. That means they can’t get legal by getting married.\u003c/p>\n\u003cp>“And I’m all for love,” laughs Lee. But in most cases she’s leery of assisting a detainee get married while in custody.\u003c/p>\n\u003cp>“If I thought legally it was a tool that would add to their case, I would definitely do it,” says Lee. “But usually they are in there for some kind of violation, and so merely getting married would not always add a benefit.”\u003c/p>\n\u003cp>Yu Wang was released from detention after being wed. But before papers could be filed and approved to adjust his legal status to that of a permanent resident, he was detained again by ICE in San Francisco and deported back to China.\u003c/p>\n\u003cp>“Oh my gosh, this is horrible actually,” says Wang by phone from his home in central China.\u003c/p>\n\u003cp>“I’m (the sole) supporter. If I am deported there are no other people who can support my daughter and my wife. I don’t know how long (until) I will return back to America.”\u003c/p>\n\u003cp>It could be a very long time. Now that he’s outside the U.S., Wang faces an enormous hurdle: a 10-year bar for re-entry.\u003c/p>\n\u003cp>The only way to avoid that is to secure a waiver by convincing authorities that his wife will suffer extreme and unusual hardship if he is not allowed to return.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That’s a claim that even Wang’s own attorney says could be very difficult to prove with or without a wedding ring.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "California Is Sending Far Fewer Immigrants to Feds Under New State Law",
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"content": "\u003cp>\u003cstrong>Amy Taxin and Elliot Spagat, Associated Press contributed to this report\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_131909\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/RS763_ice20130128-lpr.jpg\">\u003cimg class=\"size-medium wp-image-131909\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/RS763_ice20130128-lpr-640x426.jpg\" alt=\"An Immigration and Customs Enforcement officer guards a group of 116 Salvadorean immigrants that wait to be deported,at Willacy Detention facility in Raymondville, Texas. (Jose Cabeza/AFP/Getty Images)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An Immigration and Customs Enforcement officer guards a group of 116 Salvadoran immigrants that wait to be deported at Willacy Detention Center in Raymondville, Texas. (Jose Cabeza/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Far fewer immigrants arrested by California law enforcement have been turned over to federal authorities for deportation since the state's Trust Act went into effect in January. The Trust Act prohibits local police from holding immigrants presumed to be undocumented for federal agents if the immigrants were arrested for minor crimes.\u003c/p>\n\u003cp>The number of people held for possible deportation dropped by 44 percent during January and February, from 2,984 people to 1,660, according to an Associated Press survey of 15 California counties. Until now, California has accounted for a third of deportations under U.S. Immigration and Custom Enforcement's \u003ca href=\"http://ww2.kqed.org/news/tag/secure-communities/\" target=\"_blank\">Secure Communities\u003c/a> program, which screens the fingerprints of arrestees for potential immigration violations.\u003c/p>\n\u003cp>\"I'm not surprised at all by the size of the drop,\" said Kevin Johnson, dean of the UC Davis School of Law and an immigration law expert. \"The concern with the federal government's removal programs has been that low-level criminal offenders have been caught up in the web of the criminal justice system, and are being deported for relatively minor crimes like driving without a license.\"\u003c/p>\n\u003caside class=\"pullquote alignleft\">The San Francisco Sheriff's Department sent 96 percent fewer immigrants to federal authorities this year.\u003c/aside>\n\u003cp>Since sheriff's departments are responsible for most bookings, the AP surveyed those agencies in 23 counties responsible for most of California's deportations under the program. Of the 15 departments that responded were four of the five largest in the state: Los Angeles, San Diego, Riverside and San Bernardino. Orange County could not provide complete 2013 data because officials there do not retain paperwork on this issue for more than 12 months.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The degree to which counties are complying with the Trust Act appears to vary widely. The San Luis Obispo Sheriff's Department reported only a 3 percent drop, compared with a 28 percent decline in Los Angeles and a 58 percent decline in San Diego.\u003c/p>\n\u003cp>The biggest decline, 96 percent, was in San Francisco. Last September, city supervisors passed the \u003ca href=\"http://www.ktvu.com/news/news/local-govt-politics/sf-supes-pass-ordinance-opposing-immigration-hold-/nZ6n8/\" target=\"_blank\">Due Process for All\u003c/a> law, which stopped city law enforcement from complying with Secure Communities.\u003c/p>\n\u003cp>Some sheriffs in California have expressed concern that the new law is letting potentially violent offenders go. Alameda County Sheriff Greg Ahern is president of the California State Sheriffs' Association, which opposed the Trust Act.\u003c/p>\n\u003cp>\"Common sense will tell you people who are violating the law and taken into custody many times are responsible for unrelated crimes,\" Ahern said.\u003c/p>\n\u003cp>But Johnson said that it's hard to say whether people arrested for relatively minor infractions, like trespassing, are likely to become criminal offenders.\u003c/p>\n\u003cp>“I think the fear that some people have expressed is exaggerated and only loosely based to the facts,” Johnson said.\u003c/p>\n\u003cp>\u003cstrong>Nationwide deportations increase\u003c/strong>\u003c/p>\n\u003cp>Meanwhile, \u003ca href=\"http://www.nytimes.com/2014/04/07/us/more-deportations-follow-minor-crimes-data-shows.html?_r=0\" target=\"_blank\">a New York Times analysis\u003c/a> of internal government records shows that since President Barack Obama took office, two-thirds of deportation cases involve people who have committed minor infractions.\u003c/p>\n\u003cblockquote>\u003cp>The demographics of those being removed today are not all that different from those removed over the years. Most are Mexican men under the age of 35. But many of their circumstances have changed.\u003c/p>\n\u003cp>The records show the largest increases were in deportations involving illegal immigrants whose most serious offense was listed as a traffic violation, including driving under the influence. Those cases more than quadrupled from 43,000 during the last five years of President George W. Bush’s administration to 193,000 during the five years Mr. Obama has been in office. In that same period, removals related to convictions for entering or re-entering the country illegally tripled under Mr. Obama to more than 188,000.\u003c/p>\u003c/blockquote>\n\u003cp>The Obama administration used arrests for small infractions to show that it was making large strides in deportation, Johnson told KQED's Mina Kim.\u003c/p>\n\u003cp>\"The truth of the matter is quite different, and suggests that relatively small-time criminals have been caught up in the system,\" he said.\u003c/p>\n\u003cp>Listen to more analysis:\u003cbr>\n\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/143623072&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>* An earlier version of this post incorrectly stated that undocumented immigrants can now secure drivers licenses, in fact that law will take effect next year. Currently, government officials are taking applications.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Amy Taxin and Elliot Spagat, Associated Press contributed to this report\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_131909\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/RS763_ice20130128-lpr.jpg\">\u003cimg class=\"size-medium wp-image-131909\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/04/RS763_ice20130128-lpr-640x426.jpg\" alt=\"An Immigration and Customs Enforcement officer guards a group of 116 Salvadorean immigrants that wait to be deported,at Willacy Detention facility in Raymondville, Texas. (Jose Cabeza/AFP/Getty Images)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An Immigration and Customs Enforcement officer guards a group of 116 Salvadoran immigrants that wait to be deported at Willacy Detention Center in Raymondville, Texas. (Jose Cabeza/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Far fewer immigrants arrested by California law enforcement have been turned over to federal authorities for deportation since the state's Trust Act went into effect in January. The Trust Act prohibits local police from holding immigrants presumed to be undocumented for federal agents if the immigrants were arrested for minor crimes.\u003c/p>\n\u003cp>The number of people held for possible deportation dropped by 44 percent during January and February, from 2,984 people to 1,660, according to an Associated Press survey of 15 California counties. Until now, California has accounted for a third of deportations under U.S. Immigration and Custom Enforcement's \u003ca href=\"http://ww2.kqed.org/news/tag/secure-communities/\" target=\"_blank\">Secure Communities\u003c/a> program, which screens the fingerprints of arrestees for potential immigration violations.\u003c/p>\n\u003cp>\"I'm not surprised at all by the size of the drop,\" said Kevin Johnson, dean of the UC Davis School of Law and an immigration law expert. \"The concern with the federal government's removal programs has been that low-level criminal offenders have been caught up in the web of the criminal justice system, and are being deported for relatively minor crimes like driving without a license.\"\u003c/p>\n\u003caside class=\"pullquote alignleft\">The San Francisco Sheriff's Department sent 96 percent fewer immigrants to federal authorities this year.\u003c/aside>\n\u003cp>Since sheriff's departments are responsible for most bookings, the AP surveyed those agencies in 23 counties responsible for most of California's deportations under the program. Of the 15 departments that responded were four of the five largest in the state: Los Angeles, San Diego, Riverside and San Bernardino. Orange County could not provide complete 2013 data because officials there do not retain paperwork on this issue for more than 12 months.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The degree to which counties are complying with the Trust Act appears to vary widely. The San Luis Obispo Sheriff's Department reported only a 3 percent drop, compared with a 28 percent decline in Los Angeles and a 58 percent decline in San Diego.\u003c/p>\n\u003cp>The biggest decline, 96 percent, was in San Francisco. Last September, city supervisors passed the \u003ca href=\"http://www.ktvu.com/news/news/local-govt-politics/sf-supes-pass-ordinance-opposing-immigration-hold-/nZ6n8/\" target=\"_blank\">Due Process for All\u003c/a> law, which stopped city law enforcement from complying with Secure Communities.\u003c/p>\n\u003cp>Some sheriffs in California have expressed concern that the new law is letting potentially violent offenders go. Alameda County Sheriff Greg Ahern is president of the California State Sheriffs' Association, which opposed the Trust Act.\u003c/p>\n\u003cp>\"Common sense will tell you people who are violating the law and taken into custody many times are responsible for unrelated crimes,\" Ahern said.\u003c/p>\n\u003cp>But Johnson said that it's hard to say whether people arrested for relatively minor infractions, like trespassing, are likely to become criminal offenders.\u003c/p>\n\u003cp>“I think the fear that some people have expressed is exaggerated and only loosely based to the facts,” Johnson said.\u003c/p>\n\u003cp>\u003cstrong>Nationwide deportations increase\u003c/strong>\u003c/p>\n\u003cp>Meanwhile, \u003ca href=\"http://www.nytimes.com/2014/04/07/us/more-deportations-follow-minor-crimes-data-shows.html?_r=0\" target=\"_blank\">a New York Times analysis\u003c/a> of internal government records shows that since President Barack Obama took office, two-thirds of deportation cases involve people who have committed minor infractions.\u003c/p>\n\u003cblockquote>\u003cp>The demographics of those being removed today are not all that different from those removed over the years. Most are Mexican men under the age of 35. But many of their circumstances have changed.\u003c/p>\n\u003cp>The records show the largest increases were in deportations involving illegal immigrants whose most serious offense was listed as a traffic violation, including driving under the influence. Those cases more than quadrupled from 43,000 during the last five years of President George W. Bush’s administration to 193,000 during the five years Mr. Obama has been in office. In that same period, removals related to convictions for entering or re-entering the country illegally tripled under Mr. Obama to more than 188,000.\u003c/p>\u003c/blockquote>\n\u003cp>The Obama administration used arrests for small infractions to show that it was making large strides in deportation, Johnson told KQED's Mina Kim.\u003c/p>\n\u003cp>\"The truth of the matter is quite different, and suggests that relatively small-time criminals have been caught up in the system,\" he said.\u003c/p>\n\u003cp>Listen to more analysis:\u003cbr>\n\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/143623072&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>* An earlier version of this post incorrectly stated that undocumented immigrants can now secure drivers licenses, in fact that law will take effect next year. Currently, government officials are taking applications.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cfigure id=\"attachment_64565\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/ICE-Special-Response-Team-Training-1.jpg\">\u003cimg class=\"size-medium wp-image-64565\" title=\"ICE Special Response Team Training 1\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/ICE-Special-Response-Team-Training-1-300x198.jpg\" alt=\"\" width=\"300\" height=\"198\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An ICE Special Response Team trains at Fort Benning, Ga. (U.S. Immigration and Customs Enforcement/California Watch)\u003c/figcaption>\u003c/figure>\n\u003cp>Yesterday, three federal immigration agents were \u003ca href=\"http://www.pressdemocrat.com/article/20120503/ARTICLES/120509833/1350?p=1&tc=pg&tc=ar\">shot and wounded in Petaluma\u003c/a> while taking part in one of multiple raids around the Bay Area. The sweep was related to a \u003ca href=\"http://www.ktvu.com/news/news/police-engage-community-as-city-recovers-from-trip/nKyfG/\">2010 gang-related triple homicide in South San Francisco\u003c/a>. The agents were part of a SWAT team, and they were executing what ICE called a \"high-risk warrant.\"\u003c/p>\n\u003cp>Yesterday, KQED's Nina Thorsen asked Andrew Becker, who \u003ca href=\"http://californiawatch.org/user/andrew-becker\">writes about immigration issues for California Watch\u003c/a>, how typical it is for ICE agents to be involved in dangerous enforcement actions.\u003c/p>\n\u003cp>\u003cstrong>KQED's NINA THORSEN\u003c/strong>: Do you see this as an exceptional case, in terms of what you've been reporting about ICE?\u003c/p>\n\u003cp>\u003cstrong>CALIFORNIA WATCH'S ANDREW BECKER\u003c/strong>: The team of ICE agents that went in were part of essentially a SWAT team, what they call a special response team. And so this is a high-risk situation where there's some expectation that they could be in a potentially dangerous situation.\u003c/p>\n\u003cp>But these agents are highly trained, this is a specialized unit, and to receive fire back is not a common occurrence.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On average, based on statistics that we received through the Freedom of Information Act, being involved in an operation in which there's gunfire is on average a monthly occurrence.\u003c/p>\n\u003cp>\u003cstrong>THORSEN\u003c/strong>: And what kind of other cases is this high-risk team normally working on? What's their usual area of focus?\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://californiawatch.org/dailyreport/gunfire-regular-occurrence-ice-employees-15036\">\u003cstrong>Gunfire a regular occurrence for ICE employees\u003c/strong>\u003c/a> (California Watch)\u003c/aside>\n\u003cp>\u003cstrong>BECKER\u003c/strong>: Well, there are really two main arms to Immigrations and Customs Enforcement. There's what they call homeland security investigations, and there is enforcement and removal operations. The homeland security part, as the name suggests, does complex investigations -- everything from drug trafficking and human smuggling to weapons proliferation and even intellectual property rights. They are the second largest contributor to the nationwide joint terrorism task force, which is run by the FBI. So they enforce a wide variety of laws, and in a number of situations in which they're executing a search warrant or trying to arrest someone, those could potentially be a dangerous situation. \u003c!--more-->\u003c/p>\n\u003cp>The other arm is ICE engages in enforcement and removal operations, focussing on immigration enforcement, and in those cases they're also out often doing early-morning operations like the one in Petaluma. The immigration enforcement arm does what's called fugitive operations, where they're looking for people who may have been ordered out of the country but haven't shown up to be deported, or haven't shown up for a court appearance, or things like that.\u003c/p>\n\u003cp>Oftentimes the agency says they're focussed on going after people who have criminal records, who they believe should be removed from the country or have, in fact, been ordered removed from the country.\u003c/p>\n\u003cp>So, it's different sides of the house for them, but either side can find themselves in these kind of situations.\u003c/p>\n\u003cp>\u003cstrong>THORSEN\u003c/strong>: And this being in a mixed-residential neighborhood in the early morning hours -- is that a typical time and place to conduct this type of operation?\u003c/p>\n\u003cp>\u003cstrong>BECKER\u003c/strong>: I think location can vary, but certainly it's pretty typical that they're going to go in early in the morning when they've done their surveillance, they've gathered their intelligence and they believe that person is going to be at that location. Doesn't always work out that the person they're targeting is at that home. They've had instances where they've gone to the wrong house. But this is pretty common for ICE and even law enforcement in general.\u003c/p>\n\u003cp>\u003cstrong>THORSEN\u003c/strong>: Can you summarize some of the other recent incidents involving ICE agents?\u003c/p>\n\u003cp>\u003cstrong>BECKER\u003c/strong>: There have been a number of shootings recently involving ICE agents. Some of them are not related to work. There was a shooting Wednesday night in Los Angeles involving another homeland security investigation agent who was killed in his home. His 14-year-old son has been taken into custody, but details are pretty limited in that case.\u003c/p>\n\u003cp>Earlier this year, in Long Beach, there was a workplace shooting involving three agents. Two agents had gotten into a dispute, one agent with a supervisor. He shot his supervisor, and in turn another agent came in and shot and killed the first agent who had done the shooting.\u003c/p>\n\u003cp>And then there was a very high-profile case last year involving two Homeland Security investigations agents who were on assignment in Mexico who had been, essentially, ambushed at a roadblock in between Monterrey and Mexico City. One agent was killed in the shooting and another was injured.\u003c/p>\n\u003cp>ICE has roughly around 20,000 employees, give or take. About 13,000 of them are issued guns. So, again, this is law enforcement. It's an agency that, really on either side of the house, frequently comes in contact with a lot of people that the Obama administration has been very focussed on removing; what they call criminal aliens, who have criminal records and who have been ordered deported.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>That has really been the focus of this administration -- to get them out of the country. And in those cases, sometimes people are in custody, and it's a pretty smooth transition or process to remove them. Other times, some individuals are on the lam, and they have to conduct operations like this.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_64565\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/ICE-Special-Response-Team-Training-1.jpg\">\u003cimg class=\"size-medium wp-image-64565\" title=\"ICE Special Response Team Training 1\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/05/ICE-Special-Response-Team-Training-1-300x198.jpg\" alt=\"\" width=\"300\" height=\"198\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An ICE Special Response Team trains at Fort Benning, Ga. (U.S. Immigration and Customs Enforcement/California Watch)\u003c/figcaption>\u003c/figure>\n\u003cp>Yesterday, three federal immigration agents were \u003ca href=\"http://www.pressdemocrat.com/article/20120503/ARTICLES/120509833/1350?p=1&tc=pg&tc=ar\">shot and wounded in Petaluma\u003c/a> while taking part in one of multiple raids around the Bay Area. The sweep was related to a \u003ca href=\"http://www.ktvu.com/news/news/police-engage-community-as-city-recovers-from-trip/nKyfG/\">2010 gang-related triple homicide in South San Francisco\u003c/a>. The agents were part of a SWAT team, and they were executing what ICE called a \"high-risk warrant.\"\u003c/p>\n\u003cp>Yesterday, KQED's Nina Thorsen asked Andrew Becker, who \u003ca href=\"http://californiawatch.org/user/andrew-becker\">writes about immigration issues for California Watch\u003c/a>, how typical it is for ICE agents to be involved in dangerous enforcement actions.\u003c/p>\n\u003cp>\u003cstrong>KQED's NINA THORSEN\u003c/strong>: Do you see this as an exceptional case, in terms of what you've been reporting about ICE?\u003c/p>\n\u003cp>\u003cstrong>CALIFORNIA WATCH'S ANDREW BECKER\u003c/strong>: The team of ICE agents that went in were part of essentially a SWAT team, what they call a special response team. And so this is a high-risk situation where there's some expectation that they could be in a potentially dangerous situation.\u003c/p>\n\u003cp>But these agents are highly trained, this is a specialized unit, and to receive fire back is not a common occurrence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On average, based on statistics that we received through the Freedom of Information Act, being involved in an operation in which there's gunfire is on average a monthly occurrence.\u003c/p>\n\u003cp>\u003cstrong>THORSEN\u003c/strong>: And what kind of other cases is this high-risk team normally working on? What's their usual area of focus?\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://californiawatch.org/dailyreport/gunfire-regular-occurrence-ice-employees-15036\">\u003cstrong>Gunfire a regular occurrence for ICE employees\u003c/strong>\u003c/a> (California Watch)\u003c/aside>\n\u003cp>\u003cstrong>BECKER\u003c/strong>: Well, there are really two main arms to Immigrations and Customs Enforcement. There's what they call homeland security investigations, and there is enforcement and removal operations. The homeland security part, as the name suggests, does complex investigations -- everything from drug trafficking and human smuggling to weapons proliferation and even intellectual property rights. They are the second largest contributor to the nationwide joint terrorism task force, which is run by the FBI. So they enforce a wide variety of laws, and in a number of situations in which they're executing a search warrant or trying to arrest someone, those could potentially be a dangerous situation. \u003c!--more-->\u003c/p>\n\u003cp>The other arm is ICE engages in enforcement and removal operations, focussing on immigration enforcement, and in those cases they're also out often doing early-morning operations like the one in Petaluma. The immigration enforcement arm does what's called fugitive operations, where they're looking for people who may have been ordered out of the country but haven't shown up to be deported, or haven't shown up for a court appearance, or things like that.\u003c/p>\n\u003cp>Oftentimes the agency says they're focussed on going after people who have criminal records, who they believe should be removed from the country or have, in fact, been ordered removed from the country.\u003c/p>\n\u003cp>So, it's different sides of the house for them, but either side can find themselves in these kind of situations.\u003c/p>\n\u003cp>\u003cstrong>THORSEN\u003c/strong>: And this being in a mixed-residential neighborhood in the early morning hours -- is that a typical time and place to conduct this type of operation?\u003c/p>\n\u003cp>\u003cstrong>BECKER\u003c/strong>: I think location can vary, but certainly it's pretty typical that they're going to go in early in the morning when they've done their surveillance, they've gathered their intelligence and they believe that person is going to be at that location. Doesn't always work out that the person they're targeting is at that home. They've had instances where they've gone to the wrong house. But this is pretty common for ICE and even law enforcement in general.\u003c/p>\n\u003cp>\u003cstrong>THORSEN\u003c/strong>: Can you summarize some of the other recent incidents involving ICE agents?\u003c/p>\n\u003cp>\u003cstrong>BECKER\u003c/strong>: There have been a number of shootings recently involving ICE agents. Some of them are not related to work. There was a shooting Wednesday night in Los Angeles involving another homeland security investigation agent who was killed in his home. His 14-year-old son has been taken into custody, but details are pretty limited in that case.\u003c/p>\n\u003cp>Earlier this year, in Long Beach, there was a workplace shooting involving three agents. Two agents had gotten into a dispute, one agent with a supervisor. He shot his supervisor, and in turn another agent came in and shot and killed the first agent who had done the shooting.\u003c/p>\n\u003cp>And then there was a very high-profile case last year involving two Homeland Security investigations agents who were on assignment in Mexico who had been, essentially, ambushed at a roadblock in between Monterrey and Mexico City. One agent was killed in the shooting and another was injured.\u003c/p>\n\u003cp>ICE has roughly around 20,000 employees, give or take. About 13,000 of them are issued guns. So, again, this is law enforcement. It's an agency that, really on either side of the house, frequently comes in contact with a lot of people that the Obama administration has been very focussed on removing; what they call criminal aliens, who have criminal records and who have been ordered deported.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>That has really been the focus of this administration -- to get them out of the country. And in those cases, sometimes people are in custody, and it's a pretty smooth transition or process to remove them. Other times, some individuals are on the lam, and they have to conduct operations like this.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>From AP:\u003c/p>\n\u003cblockquote>\u003cp>San Francisco's sheriff says he plans to stop cooperating with federal immigration officials and will start releasing illegal immigrants who have been jailed for minor offenses before they can be picked up for deportation.\u003c/p>\n\u003cp>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/05/01/INB81J8OCL.DTL\">Sheriff Michael Hennessey\u003c/a> told the \u003ca href=\"http://www.sfexaminer.com/local/2011/05/san-francisco-county-jail-won-t-hold-inmates-ice\">San Francisco Examiner\u003c/a> he is making the change effective June 1 to comply with the city's sanctuary ordinance.\u003c/p>\n\u003cp>The law, which has caused tension between local and federal authorities, prohibits officials from assisting U.S. Immigration and Customs Enforcement in cases that do not involve felonies.\u003c/p>\n\u003cp>The city currently keeps low-level offenders ICE has identified as illegal immigrants through fingerprints until immigration officials collect them. The Examiner reports that 111 inmates were detained for deportation between last June and February.\u003c/p>\n\u003cp>ICE spokeswoman Virginia Kice told the newspaper that Hennessey's decision was unfortunate. \u003c/p>\u003c/blockquote>\n\u003cp>The \u003ca href=\"http://www.sfexaminer.com/local/2011/05/san-francisco-county-jail-won-t-hold-inmates-ice\">Examiner\u003c/a> has more details, including the following: \u003c/p>\n\u003cblockquote>\u003cp>The new policy, set to begin June 1, means illegal immigrants arrested for petty crimes such as disorderly conduct, drunk in public or shoplifting will not be held in jail until U.S. Immigration and Customs Enforcement officials come to collect them.\u003c/p>\n\u003cp>San Francisco would become the first county in California to implement such a policy, he said.\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003cbr>\nThe ICE program in dispute is called \u003ca href=\"http://ww2.kqed.org/news/2011/04/29/what-is-immigration-and-customs-secure-communities-and-ab-1081/\">Secure Communities\u003c/a>. The program requires local police to check the immigration status of arrested suspects by running their fingerprints against a centralized federal database. ICE requires even non-criminal arrestees to be detained if their status is in question. The program has been controversial because it has contributed to the deportation of thousands of non-criminals, as reported by the Los Angeles Times and others. Furthermore, San Francisco considers itself a \u003ca href=\"http://www.sf311.org/index.aspx?page=543\">sanctuary city\u003c/a>, having passed an ordinance that prohibits local law enforcement from this type of cooperation with immigration authorities.\u003c/p>\n\u003cp>Last week, the California Assembly's Public Safety Committee passed AB 1081, also known as The TRUST Act. The bill would allow California counties to opt out of Secure Communities. \u003c/p>\n\u003cp>For more on the Secure Communities issue, listen to this \u003ca href=\"http://ww2.kqed.org/news/2011/04/29/what-is-immigration-and-customs-secure-communities-and-ab-1081/\">interview \u003c/a>with California Watch's Ryan Gabrielson. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"description": "From AP: San Francisco's sheriff says he plans to stop cooperating with federal immigration officials and will start releasing illegal immigrants who have been jailed for minor offenses before they can be picked up for deportation. Sheriff Michael Hennessey told the San Francisco Examiner he is making the change effective June 1 to comply with",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>From AP:\u003c/p>\n\u003cblockquote>\u003cp>San Francisco's sheriff says he plans to stop cooperating with federal immigration officials and will start releasing illegal immigrants who have been jailed for minor offenses before they can be picked up for deportation.\u003c/p>\n\u003cp>\u003ca href=\"http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/05/01/INB81J8OCL.DTL\">Sheriff Michael Hennessey\u003c/a> told the \u003ca href=\"http://www.sfexaminer.com/local/2011/05/san-francisco-county-jail-won-t-hold-inmates-ice\">San Francisco Examiner\u003c/a> he is making the change effective June 1 to comply with the city's sanctuary ordinance.\u003c/p>\n\u003cp>The law, which has caused tension between local and federal authorities, prohibits officials from assisting U.S. Immigration and Customs Enforcement in cases that do not involve felonies.\u003c/p>\n\u003cp>The city currently keeps low-level offenders ICE has identified as illegal immigrants through fingerprints until immigration officials collect them. The Examiner reports that 111 inmates were detained for deportation between last June and February.\u003c/p>\n\u003cp>ICE spokeswoman Virginia Kice told the newspaper that Hennessey's decision was unfortunate. \u003c/p>\u003c/blockquote>\n\u003cp>The \u003ca href=\"http://www.sfexaminer.com/local/2011/05/san-francisco-county-jail-won-t-hold-inmates-ice\">Examiner\u003c/a> has more details, including the following: \u003c/p>\n\u003cblockquote>\u003cp>The new policy, set to begin June 1, means illegal immigrants arrested for petty crimes such as disorderly conduct, drunk in public or shoplifting will not be held in jail until U.S. Immigration and Customs Enforcement officials come to collect them.\u003c/p>\n\u003cp>San Francisco would become the first county in California to implement such a policy, he said.\n\u003c/p>\u003c/blockquote>\n\u003cp>\u003c!--more-->\u003cbr>\nThe ICE program in dispute is called \u003ca href=\"http://ww2.kqed.org/news/2011/04/29/what-is-immigration-and-customs-secure-communities-and-ab-1081/\">Secure Communities\u003c/a>. The program requires local police to check the immigration status of arrested suspects by running their fingerprints against a centralized federal database. ICE requires even non-criminal arrestees to be detained if their status is in question. The program has been controversial because it has contributed to the deportation of thousands of non-criminals, as reported by the Los Angeles Times and others. Furthermore, San Francisco considers itself a \u003ca href=\"http://www.sf311.org/index.aspx?page=543\">sanctuary city\u003c/a>, having passed an ordinance that prohibits local law enforcement from this type of cooperation with immigration authorities.\u003c/p>\n\u003cp>Last week, the California Assembly's Public Safety Committee passed AB 1081, also known as The TRUST Act. The bill would allow California counties to opt out of Secure Communities. \u003c/p>\n\u003cp>For more on the Secure Communities issue, listen to this \u003ca href=\"http://ww2.kqed.org/news/2011/04/29/what-is-immigration-and-customs-secure-communities-and-ab-1081/\">interview \u003c/a>with California Watch's Ryan Gabrielson. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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