Statement from ICE about sequestration and detention

"As fiscal uncertainty remains over the continuing resolution and possible , ICE has reviewed its detained population to ensure detention levels stay within ICE’s current budget. Over the last week, ICE has reviewed several hundred cases and placed these individuals on methods of supervision less costly than detention. All of these individuals remain in removal proceedings. Priority for detention remains on serious criminal offenders and other individuals who pose a significant threat to public safety."

ICE has a quota and target numbers for arrests of all aliens

Unbelievable ICE emails about arresting aliens to make sure quotas are met. http://www.documentcloud.org/documents/603861-ice-documents.html

I-9 Immigration audits on the rise

Per the NY Times United States Immigration and Customs Enforcement audited more companies for illegal immigrants on their payrolls in the 2012 fiscal year than in previous years. Audits of employer I-9 forms increased to more than 3,000 in 2012 from 250 in the 2007 fiscal year. From fiscal 2009 to 2012, the total amount of fines grew to nearly $13 million from $1 million, ICE data showed. Employers are required to have workers fill out an I-9 form that declares them authorized to work in the country. An employer needs only to verify that identifying documents look real. The audits rely on ICE officers scouring payroll records to find names that do not match Social Security numbers and other identification databases. In the 2011 fiscal year, the most recent year reviewed by The Associated Press, the median fine was $11,000. The state with the most workplaces fined was Texas with 63, followed by New Jersey with 37. HIre a lawyer and do a self audit.. itwill save money in the long run.

Obama softens stance on Immigration enforcement

The Obama administration softened its enforcement immigration policies on Friday announced a policy change that — if it works — should lead to smarter enforcement of the immigration laws, with greater effort spent on deporting dangerous felons and less on minor offenders who pose no threat. The new policy places stricter conditions on when Immigration and Customs Enforcement sends requests, known as detainers, to local law-enforcement agencies asking them to hold suspected immigration violators in jail until the government can pick them up. Detainers will be issued for serious offenders — those who have been convicted or charged with a felony, who have three or more misdemeanor convictions, or have one conviction or charge for misdemeanor crimes like sexual abuse, drunken driving, weapons possession or drug trafficking. Those who illegally re-entered the country after having been deported or posing a national-security threat would also be detained. But there would be no detainers for those with no convictions or records of only petty offenses like traffic violations. John Morton, the director of Immigration and Customs Enforcement, known as ICE, said this was a case of “setting priorities” to “maximize public safety.” But wait, you ask, shouldn’t ICE have been doing this all along? Didn’t Mr. Morton sayin a memo two years ago that ICE would use its “prosecutorial discretion” to focus on the most dangerous illegal immigrants? He did. But for nearly as long as President Obama has been in office, ICE has been vastly expanding its deportation efforts, enlistingstate and local agencies to expel people at a record pace of 400,000 a year — tens of thousands of them noncriminals or minor offenders. By outsourcing “discretion” to local cops through a fingerprinting program called Secure Communities, it has greatly increased the number of small fry caught in an ever-wider national dragnet. Some cities and states have resisted cooperating with ICE detainers for the very reasons of proportionality and public safety that Mr. Morton cited on Friday. California’s attorney general, Kamala Harris, told her state’s law enforcement agencies this month that ICE had no authority to force them to jail minor offenders who pose no threat. From the NY Times

Chinese Asylum fraud scheme in NYC leads to 26 people arrested including 6 Immigration Attorneys

USCIS and the FBI bust a Chinese fraud asylum ring in New York City . As alleged in the Indictments, at least 10 New York City area law firms created and submitted these fraudulent applications on behalf of alien applicants and coached them on how to lie to immigration authorities. Of the 26 defendants charged, 21 work at the various law firms, six as attorneys. Also charged are four translators who work at an asylum office in Queens, New York; and an employee at a church in Queens where she allegedly provides training in basic Christianity to asylum applicants falsely claiming to have been persecuted in China for their religious beliefs. Twenty-one defendants were taken into custody late this morning and will be presented and arraigned this afternoon and tomorrow before United States Magistrate Judge Sarah Netburn.

Immigration and Customs Enforcement (ICE) will now use Iphones

The US Immigration and Customs Enforcement agency (ICE) has terminated its agreement with RIM to provide agents with BlackBerry smartphones and will offer its employees iPhones instead . Reuters indicates that this move affects about 17,600 employees and will cost the agency about $2.1 million. The ICE has used RIM's products for eight years, but it claims that at this point, BlackBerry smartphones "can no longer meet the mobile technology needs of the agency." ICE looked at Google's Android platform as well , but it concluded that Apple's tightly-controlled ecosystem would best serve its needs. "The iPhone services will allow these individuals to leverage reliable, mobile technology on a secure and manageable platform in furtherance of the agency's mission,"

I wonder is they will become "angry birds"

ICE breaks of Immigration fraud ring

A man illegally living in the United States was convicted at trial late Wednesday of attempting to bribe a corrupt government official to obtain a "green card," part of a long-term joint undercover investigation into a group of Chinese nationals engaged in purchasing fraudulent permanent resident alien cards. The investigation was conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Washington, D.C., and the Herndon Police Department. "This conviction is the culmination of an intensive undercover investigation that dismantled an immigration fraud organization," said HSI Washington, D.C. Special Agent in Charge John P. Torres. "These organizations threaten our national security and place our communities at risk because they create a vulnerability that may enable terrorists and criminals to gain entry to and remain in the United States. HSI DC recognizes the extraordinary contribution by the Herndon Police Department and other law enforcement partners in our continued commitment to make our communities safer." Rui Shui Chen, 44, a citizen of the People's Republic of China who was not legally present in the United States, was convicted Sept. 26 of conspiring to commit immigration fraud, which carries a maximum penalty of five years in prison, and misuse of immigration documents, which carries a maximum penalty of 10 years in prison. Sentencing is scheduled for Dec. 14. "Green cards sold on the black market pose a serious threat to our national security," said Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia. "This is a difficult crime to infiltrate, and the success of this investigation is a tribute to the patient and dedicated investigators at HSI DC and Herndon Police Department."

Deferred Action - What You Need to Know

On June 15, 2012, President Barak Obama announced a new procedure for young people, who were brought to the United States before the age of 16 and who would otherwise be subject to removal to countries that they do not remember or where a language is spoken that they do not speak, to be granted 2 years of deferred action.  This means merely that the individuals granted deferred action will not be subject to removal in this 2 year period.  This is a great step for young people, but it is important to sort out what the program is, what it is not, and how to go about requesting this in your case.  This is not amnesty, nor is it a grant of legal status to undocumented individuals.  Only Congress may confer immigration benefits.  

This is merely a program to lift the cloud of deportation from those young persons who were brought here while they were young and who have lived most of their lives as Americans and have contributed in many ways to our society, but are under threat of deportation, through no fault of their own as they lacked the required intent to violate the law.  Although administrative closure under previous prosecutorial discretion directions have already been helping individuals in this circumstance, further action was deemed to be needed to ensure that these low priority cases were not diverting resources from high-priority criminal immigration cases.  

This is not the DREAM Act.  More needs to be done in that direction, but that is solely in the hands of Congress to do.  This policy is designed to make life more bearable for these individuals and allow them to continue contributing as productive members of American society until more comprehensive immigration reform can be passed through Congress. 

Hopefully this information will help explain the program and the best ways to take advantage of this new policy.

CRITERIA: Pursuant to the Department of Homeland Security Secretary Napolitano’s June 15, 2012 memorandum, in order to be eligible for deferred action, individuals must:

1. Have come to the United States under the age of sixteen;
2. Have continuously resided in the United States for at least five years preceding June 15, 2012 and were present in the United States on June 15, 2012;
3. Currently be in school, have graduated from high school, have obtained a general education development certificate (G.E.D.), or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Not be above the age of thirty or under the age of 15.

Individuals must also successfully complete a background check and, for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 years old or older.

IMPORTANT: As of the date of this publication this program has not yet begun, and the USCIS is intending to use the full 60-day allotment to implement this new policy.  The procedure for application for deferred action has not yet been established.  We do not know if there will be a form to fill out, or if there will be a fee charged.  Please continue reading for information about what sorts of evidence you can be gathering in the meantime or contact our office at 513-877-4209 or nflesicher@immigrate2usa.com

DO NOT attempt to place yourself in removal proceedings to receive deferred action.  It is not necessary and will bring more trouble than good.

DO NOT request deferred action if you KNOW that you are ineligible, under any of the criteria, as this can be used to institute removal proceedings against you, following USCIS’s Notice to Appear policy.  Under this policy, individuals whose requests are denied will be referred to ICE if they have a criminal conviction or if there is a finding of fraud in their request for deferred action.  This means it is VERY important to speak to a legitimate, authorized immigration attorney and be very wary of Notarios and others posing as immigration attorneys.

If you are CURRENTLY in removal proceedings, or about to be removed by ICE, please contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9am – 5pm, Monday – Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov.

WHAT IS DEFERRED ACTION? 

 It IS: a discretionary determination to defer removal action as an act of prosecutorial discretion.  

• USCIS determines that moving your case to the side for two years meets its discretionary enforcement goals, and it will not pursue your removal in this two-year period.
• It is also RENEWABLE.  USCIS does not see this program ending at any point in the near future and therefore has decided that after the initial granting of a 2 year deferred action, the individual may request again for the same 2 year deferral.
• It DOES provide for Employment Authorization for those granted deferred action, and our office can assist you with the employment authorization process. 

  It is NOT: an amnesty program or a granting of legal status, nor a path to citizenship.

• Deferred action does NOT grant the applicant a legal status, a green card, or citizenship.
• It does NOT remove any previously accrued unlawful presence time, and although unlawful presence does not accrue during the 2 year deferred action period, if the deferred action comes to an end and is not renewed, then unlawful presence will resume accrual.
• It does NOT award deferred action to any family members, dependents, or immediate relatives.  This is an individual process and each eligible individual must submit a request separately.

CRIMINAL BACKGROUND CHECK: In order to qualify for deferred action, an individual must pass a background check that USCIS will perform using all available databases.  They will be looking for convictions that may disqualify the individual from receiving deferred action.  Individuals who have been convicted of ANY Felony, a Significant Misdemeanor Offense, or three or more misdemeanor offenses (not in relation to the same instance), or otherwise are found to pose a threat to national security or public safety are not eligible to be considered for deferred action.  

• Examples of Significant Misdemeanors: A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs. 

If you have a criminal record, or have ever been arrested and have questions about your criminal record or possible post-conviction relief, please contact our offices.

DOCUMENTATION:  You may begin collecting information now to submit once USCIS has determined the manner in which it will process applications, but DO NOT submit anything yet.

• To prove that an individual was present in the US before they turned 16: may include but is not limited to: financial records, medical records, school records, employment records and military records.
• To prove that an individual has resided in the US for at least 5 years prior to June 15, 2012: may include but is not limited to: financial records, medical records, school records, employment records, and military records.
• To prove that an individual was physically present in the US as of June 15, 2012: may include but is not limited to: financial records, medical records, school records, employment records, and military records.
• To prove that an individual is currently in school, has graduated from high school, or has obtained a general education certificate (GED): may include, but is not limited to diplomas, GED certificates, report cards, and school transcripts.
• To prove that an individual is an honorably discharged veteran of the Coast Guard or US Armed Forces: may include, but is not limited to: report of separation forms, military personnel records, and military health records.

NOTARIO FRAUD:  In the US, Notarios are those who are engaging in the unauthorized practice of immigration law.  Please be extremely wary of those people claiming to be immigration lawyers who say that they can get you deferred action now, as the program is not yet available.  Until procedures have been announced by USCIS, do NOT trust anyone who wishes to charge a fee or fill out a form to help you request deferred action, as we do not yet know if there will be a form or fee associated with this.  Fraud may severely negatively impact your immigration status and could make you removable, the opposite of what you want.  Please report any fraudulent immigration practitioners to the proper authorities.  

There is no appeal process if your request for deferred action is denied, so please take the steps to make sure that your request is correctly done, and contact our office if you would like our assistance in doing so.

Neil I. Fleischer Esq.

The Fleischer Law Firm LLC

917 Main Street

Cincinnati, Ohio 45202

(p) (513)977-4209

(fax) (513)977-4218

NFleischer@immigrate2usa.com    

www.immigrate2usa.com 

Blog: http://immigrate2usa.blogspot.com/

Twitter: @nfleischer

Facebook: The Fleischer Law Firm

USCIS Webpage Regarding Deferred Action

Company indicted for Charging Fees for forms

Beth Phillips, United States Attorney for the Western District of Missouri, announced today that the owner and two managers of a Sedalia, Mo., business have been indicted by a federal grand jury for their roles in a conspiracy to defraud consumers who purchased immigration forms that were available at no charge from the federal government.

ICE Agents dies in office dispute shootout

A dispute between two immigration agents erupted into a shootout that left one dead and one injured at a federal building in southern California, authorities said early Friday.
The unspecified confrontation between the two agents occurred Thursday evening in Long Beach.

US Tenn Self Deports herself... ICE complies

WOW

A Texas teenager who was deported to Colombia after claiming to be an illegal immigrant was returned to the United States and remains at the center of an international mystery over how a minor could be sent to a country where she is not a citizen

Border Apprhensions Down ALOT

American border apprehensions – a key indicator of illegal immigration - have plummeted to one-fifth of what they were at its peak in 2000, a new report released by the Customs and Border Patrol agency indicates.

The year-end report found 340,252 apprehensions were made by CBP in the 2011 fiscal year, down 53 percent since 2008, and drastically lower than the 1.68 million apprehended a decade ago.



Read more: http://www.politico.com/news/stories/1211/70341.html#ixzz1gQENBzcT

Problem at local jail

A new report by advocacy groups alleges human rights abuses persist at two immigrant detention centers in Illinois and another in Kentucky. It calls on the Obama administration to close them, but federal immigration officials dispute the need for that.

Another Duty of ICE

Those planning on watching Super Bowl XLV on their computers for free will have to do a little more searching this Sunday afternoon. ATDHE.net and ChannelSurfing.net, two incredibly popular video streaming websites, were seized by the United States government on Tuesday. What has become an infamous "ICE Homeland Security Investigations" message is now all that is found on either website.

Boston tell ICE they will not detain immigrants

"The Suffolk County Sheriff’s Department has ordered US Immigration and Customs Enforcement to remove all immigrant detainees from a Boston jail by Oct. 12, accusing the agency of a “staggering lack of communication and respect,’’ in a letter sent last week." Boston Globe, Aug. 20, 2010.

ICE launches onlines detainee locator system

U.S. Citizenship and Immigration Services (USCIS) is pleased to share some important news from U.S. Immigration and Customs Enforcement (ICE). ICE has announced the launch of the Online Detainee Locator System (ODLS) – a public, Internet-based tool designed to assist family members, attorneys and other interested parties in locating detained aliens in ICE custody. Please find attached an ICE News Release and an informational brochure in English and Spanish. The ODLS is located on ICE’s public website at www.ice.gov.

My Home County , Hamilton County Ohio partners with ICE

Hamilton County to benefit from ICE strategy to enhance the
identification, removal of criminal aliens
Uses biometrics to prioritize immigration enforcement actions against convicted criminal aliens


CINCINNATI- On Tuesday, U.S. Immigration and Customs Enforcement (ICE) began using a new biometric information sharing capability in Hamilton County that helps federal immigration officials identify aliens, both lawfully and unlawfully present in the United States, who are booked into local law enforcement's custody for a crime. This capability is part of Secure Communities-ICE's comprehensive strategy to improve
and modernize the identification and removal of criminal aliens from the United States.

Previously, fingerprint-based biometric records were taken of individuals charged with a crime and booked into custody and checked for criminal history information against the Department of Justice's (DOJ) Integrated Automated Fingerprint Identification System (IAFIS). Now, through enhanced information sharing between DOJ and the Department of Homeland Security (DHS), fingerprint information submitted through the state to the FBI will be automatically checked against both the FBI criminal history records in IAFIS and the biometrics-based immigration records in DHS's Automated Biometric Identification System (IDENT).

If fingerprints match those of someone in DHS's biometric system, the new automated process notifies ICE.
ICE evaluates each case to determine the individual's immigration status and takes appropriate enforcementaction. This includes aliens who are in lawful status and those who are present without lawful authority. Once identified through fingerprint matching, ICE will respond with a priority placed on aliens convicted of the most serious offenses first-such as those with convictions for major drug offenses, murder, rape and kidnapping.

"The Secure Communities strategy provides ICE with an effective tool to identify criminal aliens in localcustody," said Secure Communities Executive Director David Venturella. "Enhancing public safety is at the core of ICE's mission. Our goal is to use biometric information sharing to remove criminal aliens, preventingthem from being released back into the community, with little or no additional burden on our law enforcement.

With the expansion of the biometric information sharing capability to Hamilton, ICE is now using it in five Ohio jurisdictions, including Butler, Cuyahoga, Franklin and Montgomery counties. Across the country, ICE is using this capability in 467 jurisdictions in 26 states. ICE expects to make it available in jurisdictions
nationwide by 2013.
"
The ability for local law enforcement to run fingerprints against the ICE database is a critical tool in protecting our streets and neighborhoods," Hamilton County Sheriff Simon L. Leis, Jr., said. "Aliens illegally
in our country committing crimes in our communities is unacceptable. We are happy to work with ICE to identify those illegal aliens in a streamlined fashion and expedite their removal."

Since ICE began using this enhanced information sharing capability in October 2008, immigration officers have removed from the United States more than 9,800 criminal aliens convicted of Level 1 crimes, such as murder, rape and kidnapping. Additionally, ICE has removed more than 24,800 criminal aliens convicted of level 2 and 3 crimes, including burglary and serious property crimes, which account for the majority of crimes committed by aliens. ICE does not regard aliens charged with, but not yet convicted of crimes, as "criminal aliens." Instead, a "criminal alien" is an alien convicted of a crime. In accordance with the Immigration and Nationality Act, ICE continues to take action on aliens subject to removal as resources permit.

The IDENT system is maintained by DHS's US-VISIT program and IAFIS is maintained by the FBI's Criminal Justice Information Services (CJIS).
"US VISIT is proud to support ICE, helping provide decision makers with comprehensive, reliable information when and where they need it," said US-VISIT Director Robert Mocny. "By enhancing the interoperability of DHS's and the FBI's biometric systems, we are able to give federal, state and local decision makers information that helps them better protect our communities and our nation.""Under this plan, ICE will be utilizing FBI system enhancements that allow improved information sharing at the state and local law enforcement level based on positive identification of incarcerated criminal aliens," said Daniel D. Roberts, assistant director of the FBI's CJIS Division. "Additionally, ICE and the FBI are working together to take advantage of the strong relationships already forged between the FBI and state and local law enforcement necessary to assist ICE in achieving its goals." For more information, visit

www.ice.gov/secure_communities (http://www.ice.gov/secure_communities/