Things That Matter

ICE Is Threatening To Reopen Deportation Proceedings Against All DACA Recipients Regardless Of DACA Status

DACA is supposed to protect those who qualify for the protected status from deportation proceedings. This is how the program has worked (or was intended to) since 2012, when President Obama enacted it via executive order. However, many DACA recipients are now facing the uncertain futures they had hoped to avoid by signing up for DACA in the first place as ICE has moved to reopen their deportation cases.

This has thrown people’s futures into doubt and cast a dark shadow over their status and the lives of their families.

ICE has moved to reopen long closed deportation cases against DREAMers.

In an escalation of its pursuit of undocumented immigrants, the Trump administration is moving to deport members of the very group that seemed until a few years ago the most protected: DACA recipients.

ICE has begun asking immigration courts to reopen administratively closed deportation cases against DACA recipients who continue to have no criminal record, or only a minor record. Immigration attorneys in Arizona confirmed at least 14 such cases being reopened since October, and according to a report by CNN, there are also cases which were recently reopened in Nevada, Missouri, California, and New York.

And that is just the beginning. ICE confirmed that all DACA recipients whose deportation cases have been administratively closed can expect to see them reopened. In an email, the agency stated that “re-calendaring of administratively closed cases is occurring nationwide and not isolated to a particular state or region.”Administratively closing a case removes it from the court calendar, in effect putting it on hold indefinitely. Immigration courts are part of the Department of Justice, unlike civil or criminal courts.

The move to reopen deportation cases against Dreamers comes as the US Supreme Court considers whether to let the Trump administration end the program.

During oral arguments in November, the U.S. Supreme Court’s conservative majority signaled Tuesday that it may let the Trump administration shut down the Obama-era program that granted temporary protection from deportation to roughly 700,000. Some justices made it clear that they were accepting the president’s assurances that ending DACA would not mean deporting Dreamers.

But immigration attorneys say the cases they are now seeing reopened show how ICE is preparing to deport DACA recipients if the Supreme Court ruling terminates the program.

It has long been the case that Dreamers who are charged with or convicted of a serious crime risk losing DACA status and being deported, since applicants had to have no felonies, significant misdemeanors, or three or more other misdemeanors to qualify for deferred action in the first place.

According to CNN, cases against DACA recipients began being reopened in October.

“It wasn’t until October that DHS (Department of Homeland Security) started to reopen the DACA cases,” Tucson attorney Jesse Evans-Schroeder wrote in an email to CNN. She said five of her DACA clients saw their cases reopened in October or November.

Before May 2018, when then-Attorney General Jeff Sessions barred the practice of administratively closing cases, immigration judges as a matter of routine administratively closed deportation cases against people who received DACA, since that status protected them from deportation.

In a statement provided by spokeswoman Paige Hughes, ICE said that it is required under Session’s May 2018 decision “to reopen approximately 350,000 administratively closed cases so they are litigated to completion,” and the applicant is ordered removed or obtains relief. ICE did not break down how many of the 350,000 administratively closed cases involve DACA recipients versus other people who are simply a low priority for deportation, but Hughes said there is no stipulation that would exempt DACA recipients.

Just this week, a DACA recipient in California was arrested by ICE while at her job at a Marriott Hotel.

According to her family and friends, ICE agents took Daniella Ramirez, 23, into custody at 5:30 a.m. Friday. 

According to NBC 4, Ramirez worked full time in the kitchen and as a receptionist at the hotel for the past two years. Ramirez came to the U.S. from Mexico with her sister when she was 10-years-old. She graduated from Azusa High School, and her DACA status expired. She told NBC 4 she neglected to renew it out of fear. She says she’d heard she’d be sent to jail if she did.

And a mother driving her 5-year-old to school was stopped, arrested, and held in jail despite having an active DACA status.

Paula Hincapie-Rendon was on her way to drop off her kid at school when an unmarked car started following her. Hours later, her parents were in an ICE detention center and her house had been burglarized.

But on the morning of May 8, agents with U.S. Immigration and Customs Enforcement arrested her a block away from her house in Englewood. 

Hincapie-Rendon said she was taking her 5-year-old daughter to school when an unmarked car pulled her over. Two agents approached her car and told her to get out. She asked them to identify themselves three times, but they refused. On the fourth try, they answered.

Hincapie-Rendon asked if she could take her daughter back to the house and leave her with her parents. The agents obliged, with one caveat — they would be driving her car while she sat in their van, handcuffed.

Once at the house, agents found Hincapie-Rendon’s dad, Carlos Hincapie, leaving for work. They arrested him on the spot. Agents then went into the house and arrested Hincapie-Rendon’s mom, Betty Rendon, a Lutheran minister who was set to start her doctorate at the Lutheran School of Theology at Chicago in June. Agents also arrested Hincapie’s cousin, who was staying with the family.

The agents drove the family to ICE’s field office in the Loop. The agency released Hincapie-Rendon that same afternoon under an order of supervision.

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A Federal Court Just Ended Temporary Protected Status For More Than 300,000 Immigrants, Here’s What You Need To Know

Things That Matter

A Federal Court Just Ended Temporary Protected Status For More Than 300,000 Immigrants, Here’s What You Need To Know

Chip Somodevilla / Getty Images

A federal court just handed a huge ‘victory’ to the Trump administration, which has been eager to restart mass deportations. Despite a global health pandemic, the administration has been pressing forward with plans to deport hundreds of thousands of undocumented immigrants.

Until now, many of these migrants were safe from deportation thanks to Temporary Protected Status, which shields some immigrants from deportation under humanitarian claims. However, the recent court decision – in San Francisco’s 9th Circuit – gives Trump exactly what he wants right before the elections.

But how will it affect immigrant communities across the country? Here’s everything you need to know about this major decision.

The 9th Circuit Court just ended TPS for more than 300,000 undocumented immigrants.

A California appeals court on Monday gave the Trump Administration permission to end Temporary Protected Status for immigrants from El Salvador, Nicaragua, Haiti, and Sudan, clearing the way for officials to force more than 300,000 immigrants out of the country.

The decision affects people from all walks of life, many of whom have lived in the U.S. for decades, have U.S.-born children and have been considered essential workers during the coronavirus pandemic.

This week’s ruling from the circuit court comes after a district court (also in California) temporarily halted Trump’s plan to end TPS in late 2018 after a group of lawyers sued, arguing that Trump was motivated by racial discrimination.

“The president’s vile statements about TPS holders made perfectly clear that his administration acted out of racial animus,”Ahilan Arulanantham, a lawyer for the ACLU of Southern California, wrote in a statement. “The Constitution does not permit policy to be driven by racism. We will seek further review of the court’s decision.”

But today’s 2-1 decision reversed the district court’s temporary order and allowed the federal government to take away TPS protections while the court case continues.

ICE and DHS has promised to wait several months before taking away TPS status if the agency won in court. As a result, the ACLU told NPR that it expects the protections to start ending no sooner than March, meaning that Joe Biden could reverse the administration’s decision if he wins in November, though the organization plans to fight back in the meantime.

Temporary Protected Status was created to protect people in the U.S. from being sent back to dangerous places – and it’s saved lives.

Credit: Daniel Ortega / Getty Images

The TPS program was first introduced in 1990, and it has protected immigrants from more than 20 countries at various points since then. More than 300,000 people from 10 different nations currently use the program, some of whom have lived and worked in the United States for decades.

Trump has sharply criticized the program, sometimes along racial lines, and in one infamous and widely criticized incident two years ago, the president reportedly referred to the program’s beneficiaries as “people from shithole countries.”

TPS provides protection for short periods of up to 18 months, but the federal government has continuously extended it for the countries mentioned in the lawsuit “based on repeated findings that it remains unsafe to return.” 

As a result, it said, most TPS holders have been living in the U.S. for more than a decade, contributing to their communities and raising their families. Many of the more than 200,000 U.S.-citizen children of TPS holders have never been to the country their parents are from and would have to choose between their families and their homes.

The ruling will have a major impact on migrant families and communities across the U.S.

Credit: Chip Somodevilla / Getty Images

Immigration advocacy groups are slamming the court’s ruling, noting it will impact hundreds of thousands of TPS holders as well as their families and communities. In a statement, Beth Werlin, executive director of the American Immigration Council, said the decision will “plunge their lives into further turmoil at a time when we all need greater certainty.” 

As the global pandemic stretches on, immigrants with protected status make up a large portion of the country’s front-line workers. More than 130,000 TPS recipients are essential workers, according to the Center for American Progress. 

“TPS recipients have deep economic and social roots in communities across the nation,” said Ali Noorani, president and CEO of the National Immigration Forum. “And, as the U.S. responds to the COVID-19 pandemic, TPS recipients are standing shoulder to shoulder with Americans and doing essential work.”

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An ICE Nurse Says That Migrant Women Are Having Hysterectomies Performed Without Their Consent While In Detention Centers

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An ICE Nurse Says That Migrant Women Are Having Hysterectomies Performed Without Their Consent While In Detention Centers

Janis Christie / Getty Images

On Monday, news broke that an ICE detention center in Georgia was performing mass hysterectomies on migrants without their consent. The allegations came from a nurse at the facility along with numerous detained migrants and left many people shocked.

However, the U.S. has a long history of forcing people – especially people of color – into unwanted sterilization, which is a human rights violation and a form of eugenics.

Of course, when it comes to undocumented immigrants, who are regularly referred to as “unwanted” “aliens” by the current president, it’s not so surprising that these practices went unreported for so long. One immigrant in the complaint put it best: “This place is not equipped for humans.”

An ICE nurse and several migrant women allege that a doctor is removing women’s reproductive systems without their consent.

According to the complaint filed Monday by Project South, an Atlanta-based non-profit, a high number of detained immigrant women held at the Irwin County Detention Center (ICDC) in Ocilla, Ga., are receiving hysterectomies, as well as other “dangerously unhealthy practices” at the prison amid the Coronavirus pandemic.

Dawn Wooten, who worked full-time at the detention center until July, when she was demoted to work as needed, said she and other nurses questioned among themselves why one unnamed gynecologist outside the facility was performing so many hysterectomies on detainees referred to him for additional medical treatment. She alleged about one doctor that “everybody he sees has a hysterectomy,” and that he removed the wrong ovary from one young detainee.

“We’ve questioned among ourselves like, goodness he’s taking everybody’s stuff out…That’s his speciality, he’s the uterus collector,” Ms. Wooten said in the complaint.

One detainee, interviewed by Project South, likened the center to “an experimental concentration camp,” adding: “It was like they’re experimenting with our bodies.”

“If it wasn’t for my faith in God, I think I would have gone insane and just break down and probably gone as far as hurting myself,” the woman said. “There are a lot of people here who end up in medical trying to kill themselves because of how crazy it is.”

The same prison has also come under fire for its medical practices amid the Covid-19 pandemic.

Credit: Samuel Corum / Getty Images

Project South said the complaint alleges “jarring accounts from detained immigrants and Wooten regarding the deliberate lack of medical care, unsafe work practices, and absence of adequate protection against Covid-19.”

It summarizes the disclosures Dawn Wooten made to the DHS’s watchdog, and quotes unidentified detainees extensively. Covid-19 complaints included staff refusing to test symptomatic detainees, failing to isolate suspected cases, and not encouraging social-distancing practices.

For their part, ICE says to take the reports with skepticism.

A U.S. Immigration and Customs Enforcement representative released this statement to Law & Crime News in response to the complaint: “U.S. Immigration and Customs Enforcement (ICE) does not comment on matters presented to the Office of the Inspector General, which provides independent oversight and accountability within the U.S. Department of Homeland Security. ICE takes all allegations seriously and defers to the OIG regarding any potential investigation and/or results. That said, in general, anonymous, unproven allegations, made without any fact-checkable specifics, should be treated with the appropriate skepticism they deserve.”

Women in ICE custody have long been subjected to cruel and inhumane treatment.

Credit: Getty Stock

Immigrant detention centers have long been accused of subpar medical care. However, the issue has become even worse amid the pandemic. The report filed by Project South describes how migrants are forced to live in unsanitary and unsafe conditions and even thrown into solitary if they advocate for basic human rights. But even before the outbreak, immigrant women’s bodies have always been the target of medical malpractice and cruelty.

ICE has allegedly denied treatment to detained women with cancer, brain tumors, and breast cysts, and it has a history of policing their bodies. The Trump administration has been accused of tracking migrant girls’ periods to prevent them from getting abortions, introduced a policy to deny pregnant women visitor visas, and literally ripped mothers apart from their babies during family separation. Azadeh Shahshahani, the legal and advocacy director for Project South, said women held at ICDC have said they are not given clean underwear which leads to infections and rashes.

She said detained women, who are mostly Black and brown, are in extremely vulnerable situations in which “they have no control over their bodies.” “It’s a very exploitative situation,” Shahshahani said of the hysterectomies. “There does not seem to be informed consent … they had pretty much no say in what exactly took place.”

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