Articles Posted in Family Law

Lawmakers and immigration enforcement officials gathered in a Senate Committee on Homeland Security hearing on Tuesday to discuss a proposal to change the policies surrounding the detention of undocumented immigrant children.

The Trump administration is presently working on revising the rules governing the detention of undocumented children. At present, a 1997 settlement known as the Flores Agreement (from Reno v. Flores, 507 U.S. 292) limits a child’s detention to no more than 20 days. The proposed changes to the policy, however, would indefinitely extend the possible detention period for children and families caught unlawfully entering the country.

Those behind the revisions cite the tremendous case backlog in immigration courts and explain that the new detention policy would give courts the time they need to process and resolve the cases currently in pendency.

With the federal government detaining undocumented immigrant children at federal facilities across the country and, there have been an increasing number of reports of children being deprived of basic health services and due process. A group of detained immigrant children, many of whom came to the US to seek asylum, claimed in a complaint that the Office of Refugee Resettlement (ORR) has been blocking them from accessing legal counsel, giving them psychotropic drugs against their will, and discriminating against disabled children.

The lead plaintiff in the case is a 13-year-old Guatemalan child known only as Lucas R. He was brought to a detainment facility in Arizona upon his arrival at the border in February 2018. While he has family waiting for him in Los Angeles—a sister named Madelyn R.—he was later transferred to the Shiloh Residential Treatment Center in Texas. Lucas is currently waiting to be released to his sister.

Lucas’s experience at the Hacienda del Sol Facility in Youngtown, Arizona is a harrowing tale. The 58-page complaint claims that the child “became depressed, fearing that ORR would never release him to his family” during his confinement at the facility. Lucas told the staff about his condition. ORR staff responded by giving him psychotropic drugs to treat his “moderate” depression – a move made with familial consent.

In a recent court filing, the US Department of Homeland Security (DHS) reaffirmed its intention to rescind the H-4 rule, which provides employment authorization to spouses of certain migrant H-1B visa holders who are legally living in the United States and are on the path to acquiring a green card. The DHS declared that its “intention to proceed” with the rescission rule proposed last year “remains unchanged.”

The H-1B visa is issued to foreign workers in specialty fields like chemistry, technology, and medicine among others, allowing them to work and stay in the country for as long as they remain employed. A number of H-1B holders have spouses and children who are often unable to move to the United States on their own merit. These immediate relatives can follow the H-1B holder to the U.S. through the H4 visa, a dependent and nonimmigrant visa issued by US Citizenship and Immigration Services (USCIS).

However, the DHS announced in December of 2017 that it would be rescinding the H-4 rule in an effort to align itself with the priorities outlined in the “Buy American, Hire American” executive order signed by President Trump in April last year. The DHS was supposed to publish its proposal to rescind the H-4 as soon as February of 2018, but this was since postponed twice.

The Fifth Circuit affirmed a district court’s dismissal of a selective enforcement claim to halt the removal of an immigrant father, citing that it also lacks the subject-matter jurisdiction to conduct a judicial review of the claim.

Martin Duron Esparza moved to Mississippi from Mexico as an undocumented immigrant and has been a valued member of the community for over 20 years. He filed an application for cancellation of removal in 2011, proving that he had the good moral character, lack of a criminal record, and that his removal would cause tremendous hardship for his remaining relatives – many of whom are US citizens.

An immigration judge, however, found that Esparza failed to meet the criterion of having a 10-year continuous presence in the country, and subsequently ordered his removal to Mexico. Esparza appealed to the Board of Immigration Appeals (BIA), but his appeal was dismissed in 2013.

The American Civil Liberties Union (ACLU) of Massachusetts filed a class action lawsuit against the Trump administration on Tuesday, claiming a trend of detaining immigrants seeking legal immigration through marriage to U.S. citizens.

The lawsuit comes amid increased calls by President Trump to crack down on illegal and legal immigration, particularly chain migration, or the practice of seeking legal immigration status by sponsoring extended family members seeking legal entry into the United States. These new immigrants, upon legalization, carry on the practice, resulting in a familial “chain” of immigrants entering the country.

The proposed class action, filed in the U.S. District Court in Massachusetts, alleges that immigration officials have been deliberately detaining noncitizen spouses of U.S. residents seeking lawful immigration status, forcibly breaking families apart.

Several immigrant rights advocacy groups have raised concerns over a number of state bills recently introduced in Michigan, which require drivers’ licenses for legal immigrants to bear distinguishing visual markers and the expiration date of their legal status, claiming that such a measure will lead to racial profiling and discrimination.

Two Michigan House bills were proposed last month by Pamela Hornberger(R-Chesterfield Township) and Beth Griffin (R-Mattawan), mandating to have driver’s licenses and state identification cards of noncitizens clearly indicate when the license holder’s legal status is set to expire. Both bills will be discussed in a House Transportation and Infrastructure Committee hearing set on Tuesday.

According to Michigan Rep. Triston Cole (R-Mancelona), chair of the committee considering the legislation, the two bills are likely to “not have a great deal of resistance in the committee,”and will “come out fairly quickly once we can get the hearing process over.”

The American Civil Liberties Union (ACLU), together with other groups, has filed a federal lawsuit against five U.S. Immigration and Customs Enforcement (ICE) field offices for detaining asylum seekers without cause.Foreigners seeking asylum in the United States are procedurally required to submit themselves to initial “credible fear” exams to determine the legitimacy of their reasons for attempting to enter the country. According to the ACLU, all the asylum seekers in question, who now serve as plaintiffs to the case, had passed their exams but are nonetheless being kept in detention.

In the suit, the ACLU notes that the asylum seekers in question have ready and able sponsors in the U.S.willing to provide housing. Despite this fact, they claim the federal government insisted on detaining them instead of granting them access into the country.

The ICE field offices named in the suit include Detroit, El Paso (which covers West Texas and New Mexico), Los Angeles, Newark, and Philadelphia. The ACLU alleges that more than 1,000asylum seekers have been unjustly detained by these offices since the beginning of the Trump administration. And according to Borderland Immigration Council, an El Paso-based “coalition consisting of local immigration attorneys and advocacy groups,” the success of the case may mean relief for at least 2,000 more asylum seekers detained in El Paso and Sierra Blanca.