Things That Matter

People Call To #AbolishICE After Finding Out The Agency Created A Fake University To Lure Students, Then Arrest Them

Roughly 10 months ago federal court documents were unsealed that showed Immigration and Customs Enforcement (ICE) created a fake university to lure immigrants with student visas into fraudulent behavior, according to the Washington Post. The University of Farmington was a fake school in Detroit, Michigan, where ICE agents worked as staff, there were no courses or teachers, and immigrants who had been in the U.S. with F1-visas were recruited.

Immigrant rights advocates believe ICE tricked these people into registering with the fake school, unbeknownst to them, so that they would falsely report they had enrolled in a real school to immigration services, ultimately resulting in the arrest of 250 people. ICE alleges that the students who enrolled knew the school was fake. 

In January, eight “recruiters” were charged with federal conspiracy. 

According to the Detroit Free Press, seven of the eight recruiters have pleaded guilty to aiding 600 students to live in the United States under false pretenses. Farmington alleged to be a graduate school with a focus on STEM. Most of the students were immigrants from India who entered on F1-Visas legally through acceptance to different schools. 

They transferred to the fake university and when the federal government shut it down, their visas expired with the school’s closure. However, the students’ lawyers allege they had no reason to believe what they were doing was illegal. 

“They should not punish these people who were lured into a trap,” Rahul Reddy, an attorney involved with the case, told the Detroit Free Press. “These people can’t even defend themselves properly because they’re not given the same rights in deportation proceedings.”

The Department of Homeland Security and a third party that accredits universities, listed Farmington as a certified school international students could attend.

ICE claims the students knew the university was fake and committed fraud to stay in the country.

“Undercover schools provide a unique perspective in understanding the ways in which students and recruiters try to exploit the non-immigrant student visa system,” ICE said in the statement.

According to prosecutors, the eight recruiters helped to create fraudulent records like transcripts to students to show to immigration officials. The recruiters received $250,000 in kickbacks, largely from undercover ICE agents. However, the university was entirely run by the government and it was the government that profited from the sting, according to Reddy. 

“They made a lot of money,” Reddy said, adding. “They preyed upon on them.”

Farmington tuition was on average $12,000 per year. The school’s website touted photos of classrooms and teachers, but none of those things actually existed or were conducted at the location. Since it opened in 2015, the fake university collected millions from students who never received an education. 

One of the recruiters, Prem Rampeesa, believed he was working with real school officials who turned out to be undercover agents, according to his attorney. He was sentenced to one year in prison with 295 days already served, after completion of his sentence he will be deported to India. 

“Their true intent could not be clearer,” Assistant U.S. Attorney Brandon Helms wrote in Rampeesa’s sentencing memo. “While ‘enrolled’ at the University, one hundred percent of the foreign citizen students never spent a single second in a classroom. If it were truly about obtaining an education, the University would not have been able to attract anyone, because it had no teachers, classes, or educational services.”

However, students say they tried to attend classes and were confused that there weren’t any. 

Workers near Farmington told WXYZ that they saw plenty of students come by asking when school would start or complaining they could not get in contact with staff. For advocates this paints a clear picture, ICE created a school, claimed it was legitimate, got immigrants to transfer or enroll in it, refused to provide educational services, and arrested the students essentially for not figuring out the school was fake. 

A 2008 ICE handbook illustrates that ICE agents don’t have to follow the same rules as other members of law enforcement, for example, they are not advised to entrap individuals, but exceptions are allowed.

“ICE knowing this or DHS knowing this tries to ensnare as many people as possible and get them wound up in an immigration system where they know that the cards are going to be stacked against the immigrant,” Angelo Guisado, an attorney at the Center for Constitutional Rights, told the Guardian. 

Since January, ICE has arrested 250 students on administrative charges, according to Detroit Free Press, however, about 80 percent have agreed to voluntary departure. Half of the remaining students have received final orders of removal, while the rest are contesting their removals. 

“This is not the first fake university that DHS created and I don’t think it will be the last,” Guisado said. 

Notice any needed corrections? Please email us at corrections@wearemitu.com

Guatemala Shifted Tactics With The Latest Migrant Caravan And Here’s Why

Things That Matter

Guatemala Shifted Tactics With The Latest Migrant Caravan And Here’s Why

Jose Torres / Getty Images

The Coronavirus pandemic hasn’t reduced violence or poverty or many of the other reasons that people flee their homes in an attempt to reach the United States. In fact, in many places violence and poverty are at record levels as the virus leaves millions of people without work, access to medical care, or education.

Therefore, it’s no surprise that even though the Coronavirus pandemic continues to pose a serious health threat, thousands of Central Americans banded together in another caravan. However, this time it barely made it out of Honduras before being forced back by Guatemalan security forces.

The country has completely changed its approach to how it handles these ‘migrant caravans.’ Previously, the country had allowed many of them safe passage. However, under pressure from the Trump administration, the country’s president has decided a heavy-handed approach is better.

Under pressure from Donald Trump, Guatemala halted more than 3,000 migrants set for the U.S.

As a caravan containing roughly 3,500 Honduran migrants attempted to cross into Guatemala on their path to the United States, Guatemala halted their progress and ordered their removal from the country. This was a starch contrast to the migrant caravans of year past as many were allowed to seek asylum or even cross Guatemala’s border with Mexico.

In a televised message, Giammattei said Guatemalan security forces were able to “contain” the caravan, that according to the president was a factor in the transmission of the Coronavirus.

According to the Guatemalan Migration Institute (IGM), the caravan entered eastern Guatemala on Thursday, pushing over a military barrier setup along the border before splitting into groups to reach Mexico, which had already closed its borders in anticipation of the caravan’s arrival.

By Friday and Saturday, hundreds of Guatemalan police and military personnel set up roadblocks forcing migrants — including young children and people in wheelchairs — to turn back.

Guatemala’s president said the containment efforts were to protect the country from further Coronavirus infections.

Credit: Jose Torres / Getty Images

Shortly after the caravan entered Guatemala by foot and overwhelming the border security forces, the country’s president – Alejandro Giammattei – vowed to send them back to Honduras, citing his efforts to contain the pandemic.

“The order has been given to detain all those who entered illegally, and return them to the border of their country,” Giammattei said in a broadcast address to the nation. “We will not allow any foreigner who has used illegal means to enter the country, to think that they have the right to come and infect us and put us at serious risk.”

Giammattei issued an order that would suspend some constitutional rights in the provinces they were expected to pass through, apparently in order to facilitate detaining them.

“We are experiencing a pandemic in Guatemala which has cost us to control with months of efforts,” said the president, adding it was an “obligation” to reduce the risk of further contagion.

At the onset of the pandemic, Guatemala instituted a strict lockdown of the country, even closing its airports and borders to all travel. So far, the country of about 17 million has seen more than 94,000 Covid-19 infections and 3,293 people have died since March.

These so-called caravans have become more common in recent years as migrants band together for protection.

In recent years, thousands of Central American migrants traveling in large groups have crossed into Mexico, with the aim of reaching the U.S. border. In the U.S., these caravans have become a hot-button issue for political conservatives, including President Trump.

During the 2018 caravan that occurred close to the midterm elections, Trump threatened Mexico with steep tariffs and economic pain if the country didn’t do more to stop the caravans before they reached the U.S. – Mexico border. The country bowed to Trump’s demands and deployed its National Guard and more immigration agents to break up attempted caravans last year. They dispersed large groups of migrants attempting to travel together in southern Mexico.

The odds of a large migrant caravan reaching the U.S. border, already low, have grown increasingly slim over the past year. In fact, crossing into the U.S. legally is virtually impossible now thanks to inhumane policies implemented by the Trump administration. Meanwhile, attempting an unauthorized crossing into the U.S. is as difficult as ever.

Notice any needed corrections? Please email us at corrections@wearemitu.com

Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

Things That Matter

Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

Gerald Herbert / Getty Images

In what many are calling a landmark decision, the 9th Circuit Court of Appeals just handed a major victory to migrant’s rights advocates. Although the major ruling seems simple on paper, it has major legal implications and could truly change the way that U.S. Immigration and Customs Enforcement (ICE) agents arrest undocumented immigrants.

However, the decision is likely to be appealed to the U.S. Supreme Court – where it would face an uncertain legal future given the possible future makeup of the nation’s highest court.

The 9th Circuit Court just issued a landmark legal decision that could greatly affect ICE arrests.

Credit: Eric Risberg / Getty Images

Long-standing rules for arresting migrants may soon need to change, thanks to a recent ruling by the 9th Circuit Court of Appeals.

The court says that ICE needs to align its arresting and detention procedures with those of all other law enforcement agencies in the country, which are guided by rules within the U.S. constitution. When police arrest people for suspected crimes, the constitution requires them to show probable cause to a judge within 48 hours. But ICE does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

But ICE’s policies may no longer be legal.

The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. “The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate,” the court said. This really shouldn’t be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person’s freedom is an essential safeguard against tyranny.

ICE’s arrest and detention policies have long come under scrutiny for seemingly skirting constitutional rules.

Credit: Joseph Sohm / Getty Images

For almost 200 years, immigration enforcement has existed in a sort of grey area, where the usual rules never applied. For example, when ICE arrests people, individual officers have much more legal discretion than other law enforcement authorities. Detainees may be held for weeks or months before going to a judge who will ask the person how they plead to ICE’s allegations against them.

Only then, long after the initial arrest, might ICE actually be required to show a judge any evidence to back up its case. The person would have spent all of that time detained, likely at a private detention center in a remote area.

For any other person in the U.S., this procedure goes against every legal protection in the constitution. But ICE has gotten away with treating immigrants this way for generations.

The ruling comes as other courts are making it easier for ICE to abuse migrant’s constitutional rights.

The ruling by the 9th Circuit comes less than a week after the 1st Circuit overturned a ban prohibiting ICE from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, ICE created a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. However, a district court granted an injunction against the policy after migrant advocates filed a lawsuit against ICE. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts.

Meanwhile, ICE has resumed large-scale enforcement operations, announcing roughly 2,000 arrests over several weeks amid the Coronavirus pandemic. The 9th Circuit’s decision raises an obvious question: How many of those people were detained for more than 48 hours without a review by a judge?

Notice any needed corrections? Please email us at corrections@wearemitu.com