Recently the U.S. District Judge, Vince Chhabria of Northern California, certified and issued a preliminary injunction ordering hearings for children who are rearrested after having previously been released by ORR (Office of Refugee Resettlement) to sponsors. It's important to keep up-to-date with any changes in immigration so you can stay alert and aware of how to protect yourself if you are in a situation like this or fear being in a situation like this.
This is affecting children in ORR custody who have come to the United States as unaccompanied minors. It is also affecting individuals who were previously detained in ORR custody but then were released by ORR. These individuals have been or will be rearrested by DHS (United States Department of Homeland Security). This is on the basis of a removability warrant on or after April 1st of 2017 due to allegations of gang affiliation.
The children who are in custody must have a hearing by November 29th of 2017. If there are any new arrests, the children have to have a hearing within seven days of the arrest. The procedure requires the sponsor and the child to receive notice of the reason for rearrest as well as an opportunity to be heard. The parties may call any necessary witnesses. The hearing must take place in jurisdiction of arrest or where the minor lives.
This process will have to prove that this child is a danger or flight risk. If there is no proof, then the child can be re-released to the sponsor. Conclusory allegations of gang affiliation are not sufficient to establish risk of flight or danger. These allegations must be carefully scrutinized in court. An individual's conduct, clothing, or associations are not evidence of gang affiliation.
If you are in need of an immigration lawyer to represent you in court, do not hesitate to call Palacios Law Group.
There has been an increase for local law enforcement to also play a role in immigration enforcement. The Trump administration is preparing to increase the number of officers who are authorized to act as Federal Immigration Enforcers.
The Immigration and Nationality Act authorizes the agency to deputize a selection of state and local law enforcement officers to perform the functions of Federal Immigration Agents. This typically includes "task force" models, "jail enforcement" models, and "hybrid" models. Officers may interrogate alleged noncitizens who have been arrested on state or local charges. They may also place immigration detainers on inmates who are subject to removal.
There has been a growing concern about this program and the growth of any similar programs to this. According to Immigration Impact, "By early 2017 when President Trump took office, there were only 37 remaining active jail model agreements in 16 states, with no "task force" or "hybrid" models. Today, there are over 60 jail model agreements with up to 23 more on the way."
The Trump administration has given preliminary approval for more of these applications from law enforcement agreements. The Trump administration has basically increased this number by the most this program has ever had.
If you check out Palacios Law Group's previous blog post, you will learn more about what Trump wants to do to crack down on immigration in our country. You will also learn how this increase in employees will actually have a negative effect on the country. The more employees that you have, the less equipped they are to do the job at the highest quality level of performance.
To find out more about this potential change, check out the source below!