Beyond Labels

A 360° Discussion of Foreign, National and Local Policy Issues

Notes: 18 Jun 2018

Freedom of information request to get ICE deportation record from ICE  after 43 Cambodians deported in one day.

S.3036 “Keep Families Together Act” drafted by Diane Feinstein, supported by most Dems and zero Republicans. Bill is 2000 words.

Access to Counsel in Immigration Court

It has long been the case that immigrants have a right to counsel in immigration court, but that expense has generally been borne by the noncitizen. Because deportation is classified as a civil rather than a criminal sanction, immigrants facing removal are not afforded the constitutional protections under the Sixth Amendment that are provided to criminal defendants. Whereas in the criminal justice system, all defendants facing even one day in jail are provided an attorney if they cannot afford one, immigrants facing deportation generally do not have that opportunity. Detained immigrants, particularly those held in remote locations, face the additional obstacle of accessing counsel from behind bars. Yet, in every immigration case, the government is represented by a trained attorney who can argue for deportation, regardless of whether the immigrant is represented.

Myth vs. Fact: Immigrant Families’ Appearance Rates in Immigration Court

In fact, the data actually shows that the majority of families do appear. Appearance rates can be brought even higher by addressing deficiencies in the provision of information and through provision of counsel. Ninety-eight percent of families who are represented by counsel show up for their hearings. In individual cases determined to need additional support, alternative measures, which are much more cost effective and humane than detention, achieve very high compliance rates.

Average time  pending cases

Why are these immigrants ordered to be deported

“The point of the [report] is to show how U.S. immigration courts are not functioning right, in the interests of the United States as well as the interests of the people who appear before the courts,” Metcalf said in a telephone interview this month. “The findings are that over the last 20 years, 37 percent of all litigants who were free pending trial failed to show up for their hearings.”

Grounds for deportation (including green cards)

Sec. 237 1/ [8 U.S.C. 1227]

Top reasons for deportation

Deportation, also referred to as ‘removal’, occurs when an alien is removed from the United States by the federal government. The Obama administration deported more than 414 thousand unauthorized immigrants in the 2014 fiscal year alone. The causes for removals such as these are often associated with the violation of U.S. immigration laws. Immigrants are typically placed into removal proceedings after evidence is found that they convicted a crime. Any non-citizen, including green card holders, may be deported back to their home country from the U.S.

Grounds of Deportability: When Legal U.S. Residents Can Be Removed

This article discusses the reasons why a permanent resident who isn’t considered an “arriving alien” (one who left the country and was put into removal proceedings upon return) can be deported. Other things can get an permanent resident “arriving alien” deported. Such persons, even if they are let back into the country, are considered to be seeking readmission to the United States, so any reason for keeping people out of the U.S. in the first place may make them “inadmissible” and deportable. For a discussion of the grounds of inadmissibility, see Inadmissibility: When the U.S. Can Keep You Out.

Can Green Card Holders be Deported?

Temporary foreign workers in the US

We estimate that 1.42 million temporary foreign workers were employed in the United States with nonimmigrant visas in fiscal 2013. This number is approximately equal to 1 percent of the U.S. labor force. Our estimates by individual visa classification are shown in the table below:

Evening up the economy 

“When it gets down to it — talking trade balances here — once we’ve brain-drained all our technology into other countries, once things have evened out, they’re making cars in Bolivia and microwave ovens in Tadzhikistan and selling them here — once our edge in natural resources has been made irrelevant by giant Hong Kong ships and dirigibles that can ship North Dakota all the way to New Zealand for a nickel — once the Invisible Hand has taken away all those historical inequities and smeared them out into a broad global layer of what a Pakistani brickmaker would consider to be prosperity — y’know what? There’s only four things we do better than anyone else:
microcode (software)
high-speed pizza delivery”

Vox Immigration Explainer

Center for American Progress Immigration Explainer

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