Exclusive: Immigration judges headed to 12 U.S. cities to speed deportations

A man, who was deported from the U.S. seven months ago, receives candy from his nephew across a fence separating Mexico and the United States as photographed from Tijuana, Mexico, March 4, 2017. Picture taken from the Mexican side of the border. REUTERS/Jorge Duenes/Files

By Julia Edwards Ainsley

WASHINGTON (Reuters) – The U.S. Justice Department is developing plans to temporarily reassign immigration judges from around the country to 12 cities to speed up deportations of illegal immigrants who have been charged with crimes, according to two administration officials.

How many judges will be reassigned and when they will be sent is still under review, according to the officials, but the Justice Department has begun soliciting volunteers for deployment.

The targeted cities are New York; Los Angeles; Miami; New Orleans; San Francisco; Baltimore, Bloomington, Minnesota; El Paso, Texas; Harlingen, Texas; Imperial, California; Omaha, Nebraska and Phoenix, Arizona. They were chosen because they are cities which have high populations of illegal immigrants with criminal charges, the officials said.

A spokeswoman for the Justice Department’s Executive Office of Immigration Review, which administers immigration courts, confirmed that the cities have been identified as likely recipients of reassigned immigration judges, but did not elaborate on the planning.

The plan to intensify deportations is in line with a vow made frequently by President Donald Trump on the campaign trail last year to deport more illegal immigrants involved in crime.

The Department of Homeland Security asked for the judges’ reshuffle, an unusual move given that immigration courts are administered by the Department of Justice. A Homeland Security spokeswoman declined to comment on any plan that has not yet been finalized.

Under an executive order signed by Trump in January, illegal immigrants with pending criminal cases are regarded as priorities for deportation whether they have been found guilty or not.

That is a departure from former President Barack Obama’s policy, which prioritized deportations only of those convicted of serious crimes.

The policy shift has been criticized by advocate groups who say it unfairly targets immigrants who might ultimately be acquitted and do not pose a threat.

The cities slated to receive more judges have more than half of the 18,013 pending immigration cases that involve undocumented immigrants facing or convicted of criminal charges, according to data provided by the Justice Department’s Executive Office of Immigration Review.

More than 200 of those cases involve immigrants currently incarcerated, meaning that the others have either not been convicted or have served their sentence. The Justice Department did not provide a breakdown of how many of the remainder have been convicted and how many are awaiting trial.

As part of the Trump administration crackdown on illegal immigrants, the Justice Department is also sending immigration judges to detention centers along the southwest border. Those temporary redeployments will begin Monday.

‘AIMLESS DOCKET RESHUFFLING’

Former immigration judge and chairman of the Board of Immigration Appeals Paul Schmidt said the Trump administration should not assume that all those charged with crimes would not be allowed to stay in the United States legally.

“It seems they have an assumption that everyone who has committed a crime should be removable, but that’s not necessarily true. Even people who have committed serious crimes can sometimes get asylum,” Schmidt said.

He also questioned the effectiveness of shuffling immigration judges from one court to another, noting that this will mean cases the judges would have handled in their usual courts will have to be rescheduled. He said that when he was temporarily reassigned to handle cases on the southern border in 2014 and 2015, cases he was slated to hear in his home court in Arlington, Virginia had to be postponed, often for more than a year.

“That’s what you call aimless docket reshuffling,” he said.

Under the Obama administration, to avoid the expense and disruption of immigration judges traveling, they would often hear proceedings from other courthouses via video conference.

The judges’ reshuffling could further logjam a national immigration court system which has more than 540,000 pending cases.

The cities slated to receive more judges have different kinds of immigrant populations.

Imperial, California, for example, is in one of the nation’s largest agriculture hubs, attracting large numbers of immigrant farmworkers from Mexico and Central America.

Bloomington, Minnesota, near St. Paul, is home to a large number of African immigrants, many of whom traveled from war-torn countries like Somalia to claim asylum in the United States.

(Reporting by Julia Edwards Ainsley; Editing by Sue Horton and Alistair Bell)

Over 680 arrested in U.S. immigration raids; rights groups alarmed

US Immigration officers detaining illegal immigrants

By Julia Edwards Ainsley and Kristina Cooke

WASHINGTON (Reuters) – U.S. immigration officers last week arrested more than 680 people in the country illegally, the homeland security chief said on Monday, in a broad enforcement action that alarmed immigrant rights groups.

U.S. Homeland Security Secretary John Kelly said the operations, conducted in at least a dozen states, were routine and consistent with regular operations carried out by U.S. Immigration and Customs Enforcement, or ICE.

Immigrant rights advocates said the operations, which they describe as raids, were not business as usual, and were more sweeping than operations conducted during the administration of former Democratic President Barack Obama.

Kelly said in a statement that 75 percent of the immigrants arrested have criminal records, ranging from homicide to driving under the influence of alcohol.

He said the operation also targeted people who have violated immigration laws.

Some had ignored final orders of deportation, according to ICE, the agency responsible for immigrant arrests and deportations.

Obama was criticized for being the “deporter in chief” after he deported over 400,000 people in 2012, more than any president in a single year.

In 2014, Obama’s homeland security chief issued a memo directing agents to focus on deporting a narrow slice of immigrants, namely those who had recently entered the country or committed serious felonies. Immigrants who were arrested for driving under the influence of alcohol, for example, were treated as lower priorities for deportation.

Republican President Donald Trump promised to deport 2 million to 3 million migrants with criminal records on taking office.

At a news conference with Canadian Prime Minister Justin Trudeau on Monday, Trump said his administration had “really done a great job” in its recent arrests of immigrants.

“We’re actually taking people that are criminals, very, very, hardened criminals in some cases with a tremendous track record of abuse and problems,” Trump said.

ICE said in a statement on Monday that the operations targeted immigrants in the Midwest, Los Angeles, New York, North Carolina, South Carolina, Georgia and San Antonio.

The ICE statistics revealed regional differences in the profiles of the immigrants arrested. Of the 41 people arrested in New York City and surrounding areas, 93 percent had criminal convictions, while 45 percent of the 51 people arrested in the San Antonio, Texas area did.

Among the 190 people arrested in Georgia, North Carolina and South Carolina, were 17 people who had no criminal convictions or a prior order to leave the country, according to ICE.

In a Jan. 25 executive order, Trump broadened an Obama-era priority enforcement system for immigrants subject to removal from the United States.

“Now it seems like anyone could be arrested,” said Shiu-Ming Cheer, senior staff attorney at the National Immigration Law Center. “The level of fear and anxiety is much higher than I’ve ever seen it.”

(Reporting by Julia Edwards Ainsley and Kristina Cooke; Additional reporting by Emily Stephenson; Editing by Peter Cooney and Lisa Shumaker)

Supreme Court agrees to hear immigrant detention dispute

Supreme Court building

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday agreed to decide whether immigrants detained for more than six months by the U.S. government while deportation proceedings take place are eligible for a hearing in which they can argue for their release.

The decision by the justices to hear a case focusing on the rights of people flagged for deportation comes during a presidential election campaign in which immigration has been a hot topic.

The court agreed to hear an Obama administration appeal of an October 2015 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals that upheld a lower-court injunction requiring a hearing after six months of detention.

The long-running class action litigation brought by the American Civil Liberties Union includes some immigrants who were held at the border when seeking illegal entry into the United States and others, including legal permanent residents, who have been convicted of crimes.

If the immigrants were granted a bond hearing, the government would have to show they are flight risks or a danger to the community in order for the detention to continue.

The Justice Department said in court papers that the appeals court decision was “fundamentally wrong” because it dramatically expanded the number of people eligible for hearings and set a high bar for the government to argue that a detainee should not be released.

The ACLU responded in its court papers that the government had exaggerated the impact of the court injunction, which has been in place since 2012 and applies only to immigrants in the Los Angeles area.

Since it has been in effect, there has been “no evidence of adverse effects on immigration enforcement,” the ACLU lawyers said.

The court will hear oral arguments and decide the case during its next term, which starts in October and ends in June 2017.

In one of the biggest cases of its current term, the Supreme Court is due to decide by the end of the month whether to reinstate President Barack Obama’s 2014 executive action to shield millions of immigrants in the country illegally from deportation. The plan was blocked by lower courts.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

German Homeschool Family Given Permission To Stay

The Department of Homeland Security has stepped in and saved a Christian family from being deported to Germany where they likely would have lost custody of their children.

A spokesman for the U.S. Immigration and Customs Enforcement told Fox News that they were going to allow the Romeike family to remain in the United States despite efforts by the Obama administration to have them deported.

Just days after a federal judge ruled the administration could deny the family’s request for asylum based on the grounds they were being discriminated against in Germany because of their Christian beliefs, DHS said that they would use “prosecutorial discretion” and officially drop any actions to deport the family.

Germany forced all children to attend state-approved schools and prohibits the homeschooling of children in an attempt to keep religious groups from being able to teach their faith to their children.

The family had initially been given asylum in 2010 on religious grounds but the Obama administration appealed that decision and won when the Supreme Court refused to hear the appeal on Monday.

Obama Administration To Deport Christian Family

A German family seeking to escape persecution of Christian homeschoolers fled to America looking for freedom and now will be sent back to Germany by the Obama administration.

The Supreme Court denied to hear the appeal of the Romeike family on Monday clearing the way for the administration to force them out of the country.

The administration claimed that because of the goal of Germany was for an “open, pluralistic society” that forcing children to engage in a government school where their values would not be taught or held up for ridicule would allow them to act as fully functioning citizens.

The Home School Legal Defense Association said this is just another step in the Obama administration’s overall campaign to crush religious freedom in the United States.

“The Obama administration’s attitude toward religious freedom, particularly religious freedom for Christians is shocking,” Michael Farris, HSLDA Chairman, told Fox News’ Todd Starnes. “I have little doubt that if this family had been of some other faith that the decision would have never been appealed in the first place. They would have let this family stay.”

In Germany, where homeschooling is illegal, the family will likely have their children taken away by the government.