Category Archives: Immigration

Studies Show Immigration Does Not Increase Violent Crimes

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Informative article from John Burnett of NPR discusses four academic studies showing that illegal immigration does not increase the prevalence of violent crime or drug and alcohol problems.

Michael Light, a criminologist at the University of Wisconsin, looked at whether the soaring increase in illegal immigration over the last three decades caused a commensurate jump in violent crimes: murder, rape, robbery and aggravated assault.

“Increased undocumented immigration since 1990 has not increased violent crime over that same time period,” Light said in a phone interview.

Those findings are published in the current edition of the peer-reviewed journal Criminology.

In a separate study, these same researchers previously looked at nonviolent crime. They found that the dramatic influx of undocumented immigrants, similarly, did not drive up rates of drug and alcohol arrests or the number of drug overdoses and DUI deaths.

“We found no evidence that undocumented immigration increases the prevalence of any of those outcomes,” Light said.

third study, by the libertarian Cato Institute, recently looked at criminality among undocumented immigrants just in Texas. The state records the immigration status of arrestees, creating a gold mine for criminologists.

Cato found that in 2015, criminal conviction and arrest rates in Texas for undocumented immigrants were lower than those of native-born Americans for murder, sexual assault and larceny.

Finally, a research paper appearing in the current edition of the U.K. journal Migration Letters shows that youthful undocumented immigrants engage in less crime than do legal immigrants or U.S.-born peers.

According to reporter Burnett, social science has focused on the extent of crime committed by legal immigrants for decades. These new studies are important because they’re among the first to explore the link between crime and illegal immigration.

However, Burnett also indicates that the new research may not move the needle in the immigration debate. Texas Republicans, for instance, have potent opinions about undocumented immigrants. A recent poll showed that 7 out of 10 GOP voters in Texas support the proposition that all undocumented immigrants should be deported immediately regardless of whether they have committed a crime there.

My opinion? Immigration certainly is a hot-button political issue. Hopefully, the research is exposing some critical truths which may shed light on the issues and change the narrative.

Supreme Court Makes it Harder to Deport Legal Immigrants Who Commit Crimes.

In this Feb. 7, 2017, photo released by U.S. Immigration and Customs Enforcement, foreign nationals are arrested during a targeted enforcement operation conducted by U.S. Immigration and Customs Enforcement (ICE) aimed at immigration fugitives, re-entrants and at-large criminal aliens in Los Angeles. (Charles Reed/U.S. Immigration and Customs Enforcement via AP, File)

In Sessions v. Dimaya, the United States Supreme Court held that 18 U. S. C. §16(b), which defines “violent felony” for purposes of the Immigration and Nationality Act’s removal provisions for non-citizens, was unconstitutionally vague.

BACKGROUND FACTS

Respondent James Dimaya is a lawful permanent resident of the United States with two convictions for first-degree burglary under California law. After his second offense, the Government sought to deport him as an aggravated felon. An Immigration Judge and the Board of Immigration Appeals held that California’s first-degree burglary is a “crime of violence” under §16(b). While Dimaya’s appeal was pending in the Ninth Circuit, the U.S. Supreme Court held that a similar residual clause in the Armed Career Criminal Act (ACCA)—defining “violent felony” as any felony that “otherwise involves conduct that presents a serious potential risk of physical injury to another,” 18 U. S. C. §924(e)(2)(B)—was unconstitutionally “void for vagueness” under the Fifth Amendment’s Due Process Clause. Relying on Johnson v. United States, the Ninth Circuit held that §16(b), as incorporated into the INA, was also unconstitutionally vague.

COURT’S ANALYSIS & CONCLUSIONS

Justice Kagan delivered the majority opinion of the Court and concluded that §16(b)’s “crime of violence” clause was unconstitutionally vague.

The Court’s opinion began by explaining that The Immigration and Nationality Act (INA) virtually guarantees that any alien convicted of an “aggravated felony” after entering the United States will be deported. See 8 U. S. C. §§1227(a)(2)(A)(iii), 1229b(a)(3), (b)(1)(C). An aggravated felony includes “a crime of violence for which the term of imprisonment is at least one year.

Justice Kagan explained that Section 16’s definition of a crime of violence is divided into two clauses—often referred to as the elements clause, §16(a), and the residual clause, §16(b). The residual clause, the provision at issue here, defines a “crime of violence” as “any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.”

To decide whether a person’s conviction falls within the scope of that clause, courts apply the categorical approach. This approach has courts ask not whether the particular facts underlying a conviction created a substantial risk; but whether “the ordinary case” of an offense poses the requisite risk.

Justice Kagan reasoned that ACCA’s residual clause created grave uncertainty about how to estimate the risk posed by a crime because it tied the judicial assessment of risk to a speculative hypothesis about the crime’s ordinary case, but provided no guidance on how to figure out what that ordinary case was. Compounding that uncertainty, ACCA’s residual clause layered an imprecise “serious potential risk” standard on top of the requisite “ordinary case” inquiry. “The combination of indeterminacy about how to measure the risk posed by a crime and indeterminacy about how much risk it takes for the crime to qualify as a violent felony resulted in more unpredictability and arbitrariness than the Due Process Clause tolerates,” said Justice Kagan.

Justice Kagan further reasoned that Section 16(b) suffers from those same two flaws. He explained that similar to the ACCA’s residual clause, §16(b) calls for a court to identify a crime’s ordinary case in order to measure the crime’s risk but offers no reliable way to discern what the ordinary version of any offense looks like. Additionally, its “substantial risk” threshold is no more determinate than ACCA’s “serious potential risk” standard. “Thus, the same two features that conspired to make ACCA’s residual clause unconstitutionally vague also exist in §16(b), with the same result,” said Justice Kagan.

Next, Justice Kagan raised and dismissed numerous arguments from the Government that §16(b) is easier to apply and thus cure the constitutional infirmities. “None, however, relates to the pair of features that Johnson found to produce impermissible vagueness or otherwise makes the statutory inquiry more determinate,” said Justice Kagan.

With that, the majority Court concluded that §16(b)’s “crime of violence” clause was unconstitutionally vague.

The Court was deeply divided. Justice Kagan’s opinion was joined by Justice Ginsburg, Justice Breyer, and Justice Sotomayor. Justice Gorsuch filed an opinion concurring in
part and concurring in the judgment. Justice Roberts filed a dissenting
opinion, in which Justices Kennedy, Thomas, and Alito joined.

Interestingly, it was Justice Gorsuch — a Trump nominee who sided with the four liberal-leaning justices in the ruling — who was the swing vote in this case. Despite his surprise vote, he explicitly left the door open to Congress to act, saying it should be up to lawmakers and not the courts to be explicit about the crimes that deserve automatic deportation for even legal immigrants.

My opinion? This decision is very good for legal immigrants facing crimes which are questionably deportable as crimes of moral turpitude and/or crimes of violence under today’s immigration laws. It’s incredibly difficult to navigate the criminal justice system, and even more so for defendants who are not citizens. Therefore, it’s imperative for legal immigrants charged with crimes to hire competent defense counsel when charged with crimes which may essentially result in deportation. Please contact my office if you, a friend or family member are legal immigrants facing felonies and/or domestic violence crimes.

DOL Shared Info With ICE

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According to reporters Shapiro and Davila, the Seattle Times first reported the agency’s practice Thursday, revealing that DOL was handing over personal information to federal authorities 20 to 30 times a month. The policy was surprising to many, given that Washington is among a minority of states to allow undocumented immigrants to get driver’s licenses.

 In another major shift announced in a news release Monday, DOL said it would use emergency rule-making to end its practice of collecting “information that isn’t mandated and could be misused,” specifically information on license applications about where a person was born.

The release did not say whether the application would continue to note the IDs a person used to obtain a license. Those IDs could include a foreign passport or other documents that might signal someone does not have legal status.

The agency also has accepted the resignation of Deputy Director Jeff DeVere. DeVere oversaw compliance with an executive order that Gov. Jay Inslee signed last year, designed to prevent state employees from helping federal officials enforce immigration laws — an attempt to thwart President Donald Trump’s approach to immigration enforcement.

Until questioned by The Seattle Times last week, Inslee’s office didn’t know the extent of DOL’s cooperation with the feds, according to his spokeswoman, Jaime Smith.

The response to the licensing department’s policy of cooperating with ICE was swift and furious. The governor ordered DOL to direct future requests from federal immigration officers to his general counsel. State lawmakers pledged to file a bill to ensure the practice was stopped.

Monday’s announcement from the department included an apology, and made clear that the offices of the governor and Attorney General Bob Ferguson had a hand in the changes.

“We support the Executive Order, but failed to meet the Governor’s intent regarding the protection of this type of information,” DOL Director Pat Kohler said in the news release. “We are sorry that our work did not align with our state’s values.”

She went on to say DOL “did not clearly communicate” the information federal law enforcement was requesting nor seek clarification with the governor’s office and the Legislature about how to handle those requests.

The agency also announced it would review its processes and computer systems with the governor’s and attorney general’s offices; hire a community liaison to ensure DOL practices “meet the needs of all Washington residents”; start a new hotline to answer questions about the issue; and educate agency staff on all policy and procedural changes and the governor’s executive order.

“The recent revelations about our state Department of Licensing’s failure to safeguard certain information from federal immigration officials has shaken and angered many communities” Inslee said in statement Monday. “It has angered me. I understand what’s at stake in getting this right, and the ramifications of what it means when we get it wrong,” the governor said. “I expect every employee in every one of my state agencies to understand this as well.”

Black & Undocumented

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Excellent article by Jeremy Raff of the Atlantic claims that although only 7 percent of non-citizens in the U.S. are black, they make up 20 percent of those facing deportation on criminal grounds.

The reason for higher deportation rates? Research suggests that because black people in the United States are more likely to be stopped, arrested, and incarcerated, black immigrants may be disproportionately vulnerable to deportation.

According to Raff, more than half a million black unauthorized immigrants in the United States—about 575,000 as of 2013. Last week, The New York Times reported that the presence of immigrants from Haiti and Nigeria, who together represent roughly 20 percent of the foreign-born black population, vexed President Trump. The Haitians “all have AIDS,” Trump said in a June meeting with his top advisers according to the Times, while the Nigerians would not “go back to their huts” after seeing America, he said. (The White House denied the comments).

“The criminal-justice system acts like a funnel into the immigration system,” said César Cuauhtémoc García Hernández, a University of Denver law professor who studies the nexus of policing and immigration law. New York University law professor Alina Das said black immigrants are “targeted by criminalization.”

Raff reports that while the Obama administration prioritized immigrants with felony convictions for deportation, President Trump’s executive orders effectively made anyone in the country illegally a target for removal. Arrests of non-criminals more than doubled, and among those who have been charged with a crime, the top three categories are “traffic offenses—DUI,” “dangerous drugs,” and “immigration,” which means illegal entry, illegal reentry, false claim to U.S. citizenship, and trafficking, according to ICE. In fiscal year 2017, almost 74 percent of people arrested by ICE had a criminal conviction—arrests the agency uses to argue “that its officers know how to prioritize enforcement without overly prescriptive mandates.”

But Hernández sees something different in the large number of criminal convictions among ICE detainees.

“Racial bias present in the criminal-justice system plays itself out in the immigration context,” he said. “There are so many entry points” to deportation, said Das, and “when you are a person of color who is also an immigrant, you face a double punishment.”

Raff also reports that a 2016 report by the NYU Immigrant Rights Clinic, where Das is the co-director, and the Black Alliance for Just Immigration found that although black immigrants represent about 7 percent of the non-citizen population, they make up more than 10 percent of immigrants in removal proceedings. Criminal convictions amplify the disparity: Twenty percent of immigrants facing deportation on criminal grounds are black.

Today, almost 10 percent of the black population in the United States is foreign-born, up from about 3 percent in 1980. As the number of black immigrants has grown, so, too, have the linkages between cops, courts, and the immigration system.

According to Raff, aside from ICE’s splashier arrests within so-called “sanctuary cities,” most apprehensions nationwide happen inside jails once an immigrant has had contact with local police. This collaboration is a result of decades of legislation and executive action by both Democrats and Republicans. Two years after the passage of his controversial crime bill, former President Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act in 1996. Known as IIRIRA (pronounced “ira-ira”), the law expanded mandatory detention and the number of deportable crimes. As the federal inmate population doubled, prison-like immigrant-detention centers rose up in tandem.

Raff reports that in the early 1990s, there were around 5,000 immigrants detained each day; by 2001, the population quadrupled. And the Trump administration wants to keep that number growing: The president’s 2018 budget called for increasing the daily detainee population to 51,000, a 25 percent bump over last year.

“Additional detention space does make Americans safer,” argued Jessica Vaughan of the Center for Immigration Studies, a group that advocates for stricter enforcement. Detention also ensures that undocumented immigrants don’t “disappear into the woodwork,” Vaughan said. “The benefit of keeping illegal aliens in custody,” she said, is that “it prevents the release of criminal aliens back into the community to have the opportunity to reoffend.”

Raff reports that while the prison population has begun to dwindle in recent years—the incarceration rate fell 13 percent between 2007 and 2015—immigration detention remains “one of the fastest-growing sectors of the carceral state,” said Kelly Lytle Hernandez, a University of California, Los Angeles, historian who studies the origins of U.S. immigration control.

ICE’s Secure Communities program—which began under former President George W. Bush; was expanded, then killed, under his successor Barack Obama; then reinstated by Trump—provides local police with a national fingerprint database to check suspects for immigration violations. ICE can also deputize local law enforcement to make immigration arrests, a power authorized by IIRIRA. Some 60 law-enforcement agencies across 18 states participate in that program.

“Local police are some of the biggest feeders into the immigration-enforcement system,” said Will Gaona, the policy director of the American Civil Liberties Union of Arizona. “And that’s more true in Arizona”—where Gustave was picked up—“because of S.B. 1070.” That 2010 state law, which has since been emulated in dozens of states, requires police to ask about immigration status if they suspect someone is in the country illegally.

My opinion? Immigration and race relations certainly are hot-button topics in today’s administration. Hopefully,equitable decisions in the criminal justice system can be made which don’t unduly and/or specifically affect immigrants; regardless of their race.

Please contact my office you have a non-American friend or family member who faces criminal charges. Immigration issues play a huge factor in how criminal cases are resolved.

The Feds on Crime Under Jeff Sessions

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 of the Washington Post describes the dramatic and controversial changes in policy Jeff Sessions has made since becoming the Attorney General under President Trump months ago.
“From his crackdown on illegal immigration to his reversal of Obama administration policies on criminal justice and policing, Sessions is methodically reshaping the Justice Department to reflect his nationalist ideology and hard-line views — moves drawing comparatively less public scrutiny than the ongoing investigations into whether the Trump campaign coordinated with the Kremlin.”
Apprently, Sessions has even adjusted the department’s legal stances in cases involving voting rights and lesbian, gay, bisexual and transgender issues in a way that advocates warn might disenfranchise poor minorities and give certain religious people a license to discriminate.
“The Attorney General is committed to rebuilding a Justice Department that respects the rule of law and separation of powers,” Justice Department spokesman Ian Prior said in a statement, adding, “It is often our most vulnerable communities that are most impacted and victimized by the scourge of drug trafficking and the accompanying violent crime.”

Immigration
Zapotsky and Horwitz write that unlike past attorneys general, Sessions has been especially aggressive on immigration. He served as the public face of the administration’s rolling back of a program that granted a reprieve from deportation to people who had come here without documentation as children, and he directed federal prosecutors to make illegal-immigration cases a higher priority. The attorney general has long held the view that the United States should even reduce the number of those immigrating here legally.

Zapotsky and Horwitz said that in an interview with Breitbart News in 2015, then-Sen. Sessions (R-Ala.) spoke favorably of a 1924 law that excluded all immigrants from Asia and set strict caps on others.

“When the numbers reached about this high in 1924, the president and Congress changed the policy and it slowed down immigration significantly,” Sessions said. “We then assimilated through 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

According to Zapotsky and Horwitz, Vanita Gupta, the head of the Justice Department’s civil rights division in the Obama administration who now works as chief executive of the Leadership Conference on Civil and Human Rights, said Sessions seems to harbor an “unwillingness to recognize the history of this country is rooted in immigration.”

“On issue after issue, it’s very easy to see what his worldview is of what this country is and who belongs in this country,” she said, adding that his view is “distinctly anti-immigrant.”

 

Police Oversight & Sentencing

Zapotsky and Horwitz write that questions about Sessions’s attitudes toward race and nationality have swirled around him since a Republican-led Senate committee in 1986 rejected his nomination by President Ronald Reagan for a federal judgeship, amid allegations of racism. In January, his confirmation hearing to become attorney general turned bitter when, for the first time, a sitting senator, Cory Booker (D-N.J.), testified against a colleague up for a Cabinet position. Booker said he did so because of Sessions’s record on civil rights.

Sessions ultimately won confirmation on a 52-to-47 vote, and he moved quickly to make the Justice Department his own. Two months into the job, he told the department’s lawyers to review police oversight agreements nationwide, currying favor with officers who often resent the imposition of such pacts but upsetting those who think they are necessary to force change.

Zapotsky and Horwitz also said that Sessions imposed a new charging and sentencing policy that critics on both sides of the aisle have said might disproportionately affect minority communities and hit low-level drug offenders with stiff sentences.

“Allies of Sessions say the policy is driven not by racial animus but by a desire to respond to increasing crime,” write Zapotsky and Horwitz. “The latest FBI crime data, for 2016, showed violent crimes were up 4.1 percent over the previous year and murders were up 8.6 percent — although crime remains at historically low levels. The Bureau of Prisons projects that — because of increased enforcement and prosecution efforts — the inmate population will increase by about 2 percent in fiscal 2018, according to a Justice Department inspector general report.”

Zapotsky and Horwitz wrote that Larry Thompson, who served as deputy attorney general in the George W. Bush administration and is a friend of Sessions, said that although he disagrees with the attorney general’s charging policy, he believes Sessions was “motivated by his belief that taking these violent offenders off the streets is the right way to address the public safety issues.”

Civil Rights & Hate Crimes

According to Zapotsy and Horwitz, Sessions’s moves to empower prosecutors have led to a concerted focus on hate-crimes prosecutions — a point his defenders say undercuts the notion that he is not interested in protecting the rights of minorities or other groups. Prosecutors have brought several such cases since he became attorney general and recently sent an attorney to Iowa to help the state prosecute a man who was charged with killing a gender-fluid 16-year-old high school student last year. The man was convicted of first-degree murder.

But while civil rights leaders praised his action in that case, Kristen Clarke, president and executive director of the national Lawyers’ Committee for Civil Rights Under Law, said that it “stands in stark contrast to his overall efforts” to roll back protections for transgender people.

Shortly after he became attorney general, Sessions revoked federal guidelines put in place by the Obama administration that specified that transgender students have the right to use public school restrooms that match their gender identity. In September, the Justice Department sided in a major upcoming Supreme Court case with a Colorado baker, Jack Phillips, who refused to bake a wedding cake for a same-sex couple because he said it would violate his religious beliefs.

Sessions recently issued 20 principles of guidance to executive-branch agencies about how the government should respect religious freedom, including allowing religious employers to hire only those whose conduct is consistent with their beliefs. About the same time, he reversed a three-year-old Justice Department policy that protected transgender people from workplace discrimination by private employers and state and local governments.

The Justice Department has similarly rolled back Obama administration positions in court cases over voting rights.

In February, the department dropped its stance that Texas intended to discriminate when it passed its law on voter identification. And in August, it sided with Ohio in its effort to purge thousands of people from its rolls for not voting in recent elections — drawing complaints from civil liberties advocates.

At a recent congressional hearing, Sessions said the department would “absolutely, resolutely defend the right of all Americans to vote, including our African American brothers and sisters.”

According to Zapotsky and Horwitz, critics say that Sessions’ record shows otherwise. “We are seeing a federal government that is pulling back from protecting vulnerable communities in every respect,” Clarke said. “That appears to be the pattern that we are seeing with this administration — an unwillingness to use their enforcement powers in ways that can come to the defense of groups who are otherwise powerless and voiceless.”

My opinion? Watching the actions of the feds – and especially the top federal prosecutor for the United States – gives us a litmus test which defines the shape of things to come on a more local level. The reason why it’s important to watch the movements of federal prosecutions is because they impress upon – and persuade – the priorities of state prosecutions.

Let’s see what happens.

‘Sanctuary’ Cities Targeted by ICE in Immigration Raids

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Erik Ortiz reported that a federal operation to arrest undocumented immigrants netted nearly 500 people in cities and states that have openly opposed the Trump administration’s deportation initiatives.

According to Ortiz, Immigration and Customs Enforcement (ICE) officials said last Thursday that its four-day “Operation Safe City” targeted people in residing in the so-called “Sanctuary Cities” of New York, Los Angeles, Philadelphia, Denver, Washington and Baltimore as well as Cook County, Illinois; Santa Clara County in California’s Bay Area; Portland, Oregon; and Massachusetts.

Officials in those places — some referring to themselves as “sanctuary  communities” — have been vocal about not fully cooperating with federal immigration authorities, at times clashing with state leaders who support President Donald Trump’s agenda. Sanctuary communities have passed ordinances limiting compliance with federal immigration laws and seek to shield undocumented immigrants who may be deported simply over their immigration statuses or low-level criminal offenses.

“Sanctuary jurisdictions that do not honor detainers or allow us access to jails and prisons are shielding criminal aliens from immigration enforcement and creating a magnet for illegal immigration,” Tom Homan, ICE’s acting director, said in a statement. “As a result, ICE is forced to dedicate more resources to conduct at-large arrests in these communities.”

It is not unusual for ICE to round up immigrants by the hundreds or even low thousands, although the latest raid comes on the heels of a planned operation that would have targeted about 8,400 undocumented immigrants this month.

But the Department of Homeland Security scrapped the operation after the agency said it was halting nationwide enforcement actions in the wake of hurricanes Irma and Harvey. This latest effort indicates the administration is ready to renew its efforts.

“ICE’s goal is to build cooperative, respectful relationships with our law enforcement partners to help prevent dangerous criminal aliens from being released back onto the streets,” Homan said.

According to ICE, of the 498 people arrested this week, 317 had criminal convictions. Some were also categorized as “immigration fugitives,” “previously deported criminal aliens,” and/or associated with a gang.

Most of the criminal convictions were for driving under the influence as well as assault- and drug-related offenses, ICE said. Others were arrested for marijuana possession, traffic offenses and even charges of being a “peeping tom.”

City officials declared Portland a sanctuary city in March, and its mayor, Ted Wheeler, has criticized the Trump administration’s push to end the Obama-era program that has allowed undocumented immigrants who came to the United States as children to remain in the country.

The administration, meanwhile, has faced setbacks as it seeks to overhaul immigration — an issue that has failed repeatedly to gain traction in Congress. Weeks ago, a U.S. district judge in northern Illinois gave sanctuary cities a temporary victory, saying the Justice Department can’t withhold public safety grants to Chicago because officials there don’t want to impose certain immigration policies.

My opinion? As a criminal defense attorney, my role is to protect people’s Constitutional Rights under the Fourth Amendment. Therefore, I have a natural inclination to prevent warrantless, unlawful searches and seizures.

That said, I understand if the government declares a state of emergency holding that exigent circumstances warrants the immediate seizure and deportation of undocumented immigrants.

However, there’s lots of controversy surrounding the subject of ICE raids on Sanctuary Cities. Some civil rights advocates say the raids fit with the Trump administration’s pattern of scapegoating, criminalizing, and demonizing immigrants. Also, courts have said that holding someone without a warrant could violate their constitutional rights, putting jailers at risk of lawsuits. Finally, others have accused Trump’s attack on sanctuary cities as a malignant executive power grab that subverts the Spending Clause and tramples the 10th Amendment.

Let’s see what happens . . .

Immigrants Make Up 22% of Federal Prison Population

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 of The Washington Times claims that a stunning 22 percent of the federal prison population is immigrants who have either already been deemed to be in the country illegally or who the government is looking to put in deportation proceedings, the administration said Tuesday.

President Trump requested the numbers as part of his initial immigration executive orders. The 22 percent is much higher than the population of foreign-born in the U.S. as a whole, which is about 13.5 percent.

All told, the government counted more than 42,000 aliens in federal prisons as of June 24. About 47 percent already face final deportation orders, making them illegal immigrants, and 3 percent are currently in immigration courts facing deportation proceedings.

Almost all of the rest are being probed by federal agents looking to deport them.

Immigrants who commit serious crimes, even if they once had legal status, can have that status revoked and can be subject to deportation, which explains the high number of cases where an alien is still being probed by U.S. Immigration and Customs Enforcement.

The U.S. Marshal Service, meanwhile, is holding about 12,000 “self-reporting” aliens, and almost all of them have already been ordered deported.

Government officials said they’re still trying to collect information on the foreign-born population in state and local prisons and jails.

Border Patrol Backs Trump

Brandon Judd, the president of the National Border Patrol Council, told "Fox and Friends" on July 17, 2017, that morale is the highest he's seen throughout his 20 years within the agency. (Fox News Channel screenshot)

According to a news article by reporter Douglass Ernst of the Washington Times, President Trump received a glowing performance review Monday from the head of the National Border Patrol Council.

Brandon Judd, who is the President of the National Border Patrol Council, appeared on “Fox and Friends” on Monday to discuss illegal immigration, Mr. Trump’s plan to build a border wall with Mexico, and morale within the agency. The union president said that agents have a new “energy” to them due to a concrete commitment to enforcing existing federal laws.

“There’s a vibe, there’s an energy in the Border Patrol that’s never been there before,” Mr. Judd told host Steve Doocy. “In the 20 years I’ve been in the patrol, we haven’t seen this type of energy, and we’re excited because we signed up to do a job and this president is allowing us to do that job.”

Mr. Judd said that having a giant contiguous wall along the southern border was not as important as having barricades at “strategic locations” such as El Paso and San Diego.

“The president has done a great job of actually enforcing the law — something we didn’t see in the last eight years,” Mr. Judd said, Fox News Channel reported. “And if we continue to do that, then a clear message will be sent throughout the world that if you cross our borders illegally, you will be detained and you will be sent back.

“If you look at the rhetoric that the president sent out, we’ve had a drop that we’ve never seen before with any president,” he continued. “If you’re in the left, right or middle, you have to say this president has done exactly what he promised to do and we do have border security like what we expect to see.”

My opinion? Let’s observe how these ongoing immigration issues develop. Last month,  the U.S. Supreme Court Supreme Court had a ruling which allowed parts of President Donald Trump’s travel ban to go into effect and will hear oral arguments on the case this fall. In its decision, the court is allowing the ban to go into effect for foreign nationals who lack any “bona fide relationship with any person or entity in the United States.” The court, in an unsigned opinion, left the travel ban against citizens of six majority-Muslim on hold as applied to non-citizens with relationships with persons or entities in the United States, which includes most of the plaintiffs in both cases.

Guilty Pleas & Deportation

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In Lee v. United States, the United States Supreme Court held that a defendant was prejudiced by his attorney’s bad advice to accept a guilty plea when following that advice ultimately led to Lee’s deportation.

BACKGROUND FACTS

Defendant Jae Lee moved to the United States from South Korea with his parents when he was 13. He spent 35 years in this country. He never returned to South Korea. He also never became a U. S. citizen, and lived instead as a lawful permanent resident.

In 2008, federal officials heard from a confidential informant that Lee had sold the informant ecstasy and marijuana. After obtaining a warrant, the officials searched Lee’s house. They found drugs, cash, and a loaded rifle. Lee admitted that the drugs were his. Later, a grand jury indicted him on one count of possessing ecstasy with intent to distribute. Lee retained a private defense attorney and entered into plea discussions with the Government.

Importantly, during the plea process, Lee repeatedly asked his attorney whether he would face deportation. His attorney assured him that he would not be deported as a result of pleading guilty. Based on that assurance, Lee accepted a plea and was sentenced to a year and a day in prison. Unfortunately for Lee he had, in fact, pleaded guilty to an “aggravated felony” under the Immigration and Nationality Act, 8 U. S. C. §1101(a)(43)(B). Therefore, Lee was subject to mandatory deportation under federal law §1227(a)(2)(A)(iii) as a result of that plea following his attorney’s advice

When Lee learned of this consequence, he filed a motion to vacate his conviction and sentence, arguing that his attorney gave constitutionally ineffective assistance. At an evidentiary hearing, both Lee and his plea-stage counsel testified that “deportation was the determinative issue” to Lee in deciding whether to accept a plea, and Lee’s counsel acknowledged that although Lee’s defense to the charge was weak, if he had known Lee would be deported upon pleading guilty, he would have advised him to go to trial. A Magistrate Judge recommended that Lee’s plea be set aside and his conviction vacated. The District Court, however, denied relief, and the Sixth Circuit affirmed.

Applying the two-part test for ineffective assistance claims from Strickland v. Washington, the Sixth Circuit concluded that, while the Government conceded that Lee’s counsel had performed deficiently, Lee could not show that he was prejudiced by his attorney’s erroneous advice. Lee appealed the Sixth Circuit’s decision. He was granted review by the U.S. Supreme Court.

COURT’S DECISION & ANALYSIS

The U.S. Supreme Court held that Lee successfully showed he was prejudiced by his defense attorney’s bad advice.

The Court reasoned that when a defendant claims that his attorney’s bad performance deprived him of a trial by causing him to accept a guilty plea, then the defendant can show prejudice by demonstrating a reasonable probability that, but for the attorney’s errors, he would not have pleaded guilty and would have insisted on going to trial. Here, the Court believed Lee’s argument that he never would have accepted a guilty plea if he knew he would be deported upon accepting the guilty plea.

The Court further reasoned that the decision whether to plead guilty involves assessing the respective consequences of a conviction after trial and by plea. It explained that when consequences are similarly dire, even the smallest chance of success at trial may look attractive:

“For Lee, deportation after some time in prison was not meaningfully different from deportation after somewhat less time; he says he accordingly would have rejected any plea leading to deportation in favor of throwing a “Hail Mary” at trial.”

Finally, the Court reasoned that under the unusual circumstances of this case, Lee has adequately demonstrated a reasonable probability that he would have rejected the plea had he known that it would lead to mandatory deportation. Here, both Lee and his attorney testified that deportation was the determinative issue to Lee when Lee accepted the plea deal.  Also, Lee’s responses to the judge’s questioning during the entry of his plea confirmed the importance that Lee placed on deportation. He had strong connections to the United States, while he had no ties to South Korea.

Finally, the Court rejected the Government’s argument that Lee cannot convincingly argue that his decision to reject the plea bargain would have been rational under the circumstances since deportation would almost certainly result from a trial:

“Unlike the Government, this Court cannot say that it would be irrational for someone in Lee’s position to risk additional prison time in exchange for holding on to some chance of avoiding deportation.”

With that, the U.S. Supreme Court reversed Lee’s conviction.

My opinion? Good decision. In Padilla v. Kentucky, the U.S. Supreme Court held that a defense attorney has an obligation under the Sixth Amendment to advise non-citizens about the potential adverse immigration consequences of a plea to criminal charges, and that the absence of such advice may be a basis for claim of ineffective assistance of counsel. Clearly, it’s of the utmost importance that defense attorneys competently advise their clients of the ramifications of pleading guilty. As demonstrated here, pleading guilty to aggravated felonies results in the unwanted consequences of immediate deportation.

Please contact my office if you, a friend or family member faces criminal charges bringing the risk of deportation.

Immigration Arrests Up 38 Percent Under Trump

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 of The Washington Times reports that under the Trump administration, arrests of criminal aliens has increased by 38 percent.
Unshackled from the restrictions under the Obama administration, immigration agents and officers are making far more arrests — but are still keeping their chief focus on criminals, authorities said as the released number detailing the first 100 days under President Trump.
Arrests of criminal aliens is up nearly 20 percent, reaching nearly 30,500, while arrests of those without criminal convictions is up 60 percent, reaching about 10,800. Combined, they show a rise of 38 percent in total arrests by U.S. Immigration and Customs Enforcement (ICE), the agency responsible for policing the interior of the country.
Dinan reports that perhaps most striking is surge in at-large arrests made out in the community. Those have risen by 50 percent compared to a year earlier, according to ICE.
While criminals are still the chief targets, ICE said it has reversed the Obama administration’s policy of carving out entire classes of illegal immigrants from any danger of deportation. That’s expanded the potential targets from just a couple million to potentially almost all of the estimated 11 million illegal immigrants now in the U.S.
“These statistics reflect President Trump’s commitment to enforce our immigration laws fairly and across the board,” said Thomas Homan, acting director of ICE.


Alexander F. Ransom

Attorney at Law
Criminal Defense Lawyer

119 North Commercial St.
Suite #1420
Bellingham, WA 98225

117 North 1st Street
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Mount Vernon, WA 98273

Phone: (360) 746-2642
Fax: (360) 746-2949

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