Things That Matter

ICE Subpoenas Denver Officials Requesting Info On Undocumented Migrants But State Lawyer Says They’re Not Valid

It is the right, under the constitution, of state and local governments, including law enforcement, to refuse to cooperate with federal law. In other words, if the federal government issues a mandate, local officials do not have to comply. That is why some cities abide by Sanctuary policies to protect undocumented immigrants that are being persecuted by government agencies such as U.S. Immigration and Customs Enforcement (ICE). However, ICE isn’t bowing down to the constitution and is taking matters to the courts. 

Earlier this week, Homeland Security has issued a subpoena to Denver law enforcement to get information on three Mexican nationals and one Honduran who were previously in custody. 

“Since we have no cooperation at the Denver justice center, we are modifying our tactics to produce information,” Henry Lucero, deputy executive associate director for ICE’s Enforcement and Removal Operations, said, according to the Associated Press

According to the AP, Denver officials have 14 days to respond to the subpoena in three of the cases, but in the other, they have three days to respond. ICE officials allege that all four foreign nationals have been in jail for sexual assault and child abuse and have been previously deported.

“In the past, we had full support. We collaborated in the interest of public safety,” Lucero added. “This is a drastic change. And one ICE is forced to do and puts other agencies on notice that we don’t want this to happen. We want to protect the public.”

Officials at the Denver mayor’s office said they would not comply with the demands of ICE because the paperwork issued by ICE are not proper subpoenas but rather administrative forms and not legal document signed by a judge. 

“The documents appear to be a request for information related to alleged violations of civil immigration law,” Chad Sublet, Senior Counsel to the Department of Safety in Denver, wrote, according to Time magazine. “Based on these facts, we are denying your request.”

Sublet also said that Denver officials have collaborated with ICE on information previously with other requests. He showed documentation that proves Denver responded to “88 requests by ICE between October and December of last year.”

Despite the support of local officials of Sanctuary policies, the majority of those cities have been struck by ICE as they have conducted numerous raids there, including in Denver. 

Cities including Los Angeles, New York, and Chicago all have protections in place for undocumented people, but that has only fueled ICE to conduct raids there and elsewhere. Last year in September, ICE conducted raids in Colorado and Wyoming and, within four days, arrested 42 undocumented immigrants. 

“It is our belief that state sanctuary policies [do] not keep the community safe,” John Fabbricatore, the acting director of the Denver ICE field office, said last year, according to KDVR news. 

“We don’t believe deportation is ever the answer to what criminal activity might be going on,” Jordan García, with the Colorado Rapid Response Network, said in response to the raids

In 2017, Denver Mayor Michael Hancock signed a law that stated law officials would not comply with ICE in any capacity. 

The Denver Public Safety Enforcement Priorities Act was first signed unanimously by the Denver City Council, which was then signed by Mayor Hancock. The mandate “bans city officials from asking an arrested individual’s immigration status.”

While some city officials have prohibited the collaboration between local officials and federal agencies, that has not stopped some from working with ICE to arrest undocumented immigrants. 

Last year in September, the Milwaukee Police Department assisted ICE agents in the detainment of a local resident who was undocumented. Even though Milwaukee does not have a Sanctuary policy in place, Police Chief Morales had previously said a year before they would not collaborate with ICE. 

“I promised to bring back the public trust,” Morales said in 2018. “My job is to bring (back) trust from the community and work with them; my job is not to go out and enforce those types of laws.”

Those statements are why people were outraged that local Milwaukee officers assisted ICE in the detainment of an undocumented father. 

“Chief Morales is gonna love to see police collaborating with ICE,” a bystander said last year as he witnessed ICE and local police working together during that arrest. The Mayor of Milwaukee and police stood on the same grounds that police would “not inform federal immigration officials of whereabouts or behavior of any suspect illegal immigrant.” However, that’s only if a person has never been arrested for a serious crime. 

READ: Woman Records Scene Inside Family Car As ICE Pulls Husband Out While Daughters Cry And Scream

Leaked Emails Show Stephen Miller Believed DREAMERs Would Replace White Americans

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Leaked Emails Show Stephen Miller Believed DREAMERs Would Replace White Americans

Win McNamee / Getty

White House senior policy adviser Stephen Miller is still in office, despite mounting proof that he harbors white supremacist’s beliefs and numerous politicians and activists calling for his resignation. The Southern Poverty Law Center’s “Hatewatch” vertical published a series of Miller’s emails leaked by an ex-Breitbart news editor. 

In the emails, Miller expressed fear that DREAMERs would replace white Americans and suggested deporting immigrants on trains to scare them. SPLC’s Michael Hayden says Miller is a supporter of the “great replacement theory” championed by white supremacists who fear white people will become a racial minority. The theory has been echoed in the manifestos of mass shooters and prominent white supremacist leaders. 

Miller believes his fellow Republicans aren’t hard enough on immigrants. 

“Demanding DREAMers be given citizenship because they ‘know no other home.’ That principle is an endorsement of perpetual birthright citizenship for the foreign-born,” Miller wrote in an email.  “Not only will the U.S.-born children of future illegal immigrants and guest workers be made automatic U.S. citizens, but their foreign-born children will too because, as [former Republican House Majority Leader Eric] Cantor said, ‘Our country was founded on the principle.’”

Miller praised Florida’s very own former governor Jeb Bush for his use of moderate rhetoric to push extreme policies. The emails leaked are from around 2015, when Miller was an aide to Senator Jeff Sessions before being selected by Trump.

 “Jeb [Bush] has mastered the art of using immigration rhetoric to sound ‘moderate’ while pushing the most extremist policies,” Miller wrote in an email. 

Former Breitbart editor Katie McHugh provided over 900 emails to SPLC in which Miller expressed disdain for non-white immigrants. McHugh says she leaked the emails addressed to her from Miller to expose the hidden “evil” of the Trump administration’s immigration policies. 

“In a November 2015 email that Hatewatch has not previously published, Miller forwarded an interview with Phyllis Schlafly from far-right conspiracy website WorldNetDaily that argued undocumented immigrants should be shipped out on trains to ‘scare out the people who want to undo our country,’” according to SPLC. 

25 interfaith groups call for the resignation of Stephen Miller. 

Yesterday, 25 faith groups, among them many prominent Jewish, Muslim, and Christian leaders including the Anti-Defamation League, The Nation’s Mosque, and African American Ministers in Action, signed a letter calling for Miller’s resignation. 

“Stephen Miller authored many of these destructive policies and helped ensure their enactment via his network of anti-immigrant officials throughout the federal government. Further, these policies have been paired with heightened and unrelenting anti-immigrant and xenophobic rhetoric coming from the White House,” the organizations said. 

The group also called out the Trump administration for allowing white supremacist views in the White House. 

“At one point in history, harboring a white supremacist in the White House could harm an administration. Today, President Trump appears unbothered by his close official’s ties to white supremacy. This cannot stand. As organizations of many faiths, who feel love and respect where Miller advances disdain and hate, we call for his resignation immediately,” the letter stated

Last November 100 lawmakers demanded Stephen Miller resign. 

Miller has been in the hot seat for a while. Last year 100 lawmakers demanded the advisor’s resignation, a couple of weeks ago 25 Jewish members of congress joined that call following Rolling Stone’spublication of a different set of leaked emails that further establish his support of xenophobic ideas. 

“A documented white nationalist has no place in any presidential administration, and especially not in such an influential position,” the 100 representatives wrote in a letter to President Donald Trump. “Miller’s white supremacist influence on your immigration policy, and it seems like that his perfidious adherence to extremist ideology has shaped your administration in ways that are not yet public.”

In the Rolling Stone emails, Miller called refugees “foreign-born terrorists” and expressed a fondness for a book called “Camp of Saints” which is a favorite of neo-Nazis.

“The dystopian 1973 novel is widely regarded as racist and traffics in fear-mongering about immigrant invasions. It is popular among white nationalist circles and has been invoked by former White House aide Steve Bannon and Iowa Congressman Steve King,” according to Newsweek

Other emails show Miller is using his influence in the White House to coordinate anti-immigration policies that reflect his views. 

“In the emails, [senior advisor at ICE Jon] Feere strategizes with Miller about how to use the federal government to amplify their anti-immigration message; tees up potential attacks on prominent Democratic politicians; directly briefs Miller in great detail about upcoming enforcement actions and policy changes in the works; and recommends to Miller people the administration should hire to expedite its immigration agenda,” according to Rolling Stone

While Miller has still not resigned, the pressure is continuing to mount in Congress and among activists. 

A Venezuelan Man Won Legal Protection From Deportation But ICE Still Deported Him To Mexico

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A Venezuelan Man Won Legal Protection From Deportation But ICE Still Deported Him To Mexico

Department of Homeland Security / ICE

Jesus spent three months awaiting his immigration case in Mexico thanks to the Migrant Protections Protocol (MPP) policy. “Remain in Mexico” is a fate that has left many migrants targets of cartel violence, but Jesus was a fortunate exception. After fleeing from Venezuela, then waiting in Mexico, he was able to win his court case without a lawyer and without being fluent in English. 

The judge granted him withholding of removal which would normally protect a migrant from deportation. Jesus seemed to have scored a win or at least that was how it seemed. Soon after, he was taken back to Mexico with no explanation as to what was happening. 

NPR featured Jesus’ story which proved to be a cascade of unanswered questions left by Customs and Border Protection — albeit with a hopeful ending. 

Jesus and immigration lawyers are now scrambling to figure out what is going on.

When Jesus became one of 55,000 migrants forced to await a court date in Mexico for the second time, things began to seem vexingly suspicious. Kennji Kizuka, a lawyer with Human Rights First, took on Jesus’ case after his win in court. 

“The proceedings in immigration court were finished. There were no more hearings to be held,” said Kizuka.

Kizuka told NPR that immigration officials put a false court date on Jesus’ paperwork, however, the date did not appear on any court docket. The court date is significant because migrants can only return to Mexico if they have a pending court appointment. 

“They put a fake date on a piece of paper that says you have an upcoming hearing. And there was no hearing,” Kizuka said. “They wanted to return him to Mexico again, and they needed to convince the Mexican officials to take him back.” 

CBP appears to be sending mixed signals to migrants. 

A spokesperson from CBP told NPR that they do not use fake court dates and said the date was legitimate. CBP also says that migrants who are granted a withholding of removal protection can still be deported if authorities are considering appealing the judge’s ruling. NPR found 17 instances where migrants who were granted the same protections were deported. 

“When an immigration judge’s decision is appealed or under consideration for appeal, immigration proceedings remain underway,” a CBP spokesman said.

However, Kizuka believes the documents that CBP gave to Jesus contained numerous false statements asserting that he had pending court dates when he does not. The government did not choose to appeal’s Jesus’ case either. To make matters more confusing. Acting Commissioner of CBP Mark Morgan says migrants who have won their cases should be able to stay in the U.S. 

“I don’t think that should be happening,” Morgan told NPR with regard to Jesus’ case. “If that’s happened the way you described that, then that’s an anomaly. It’s a mistake. But we’ll take a look at that.”

Jesus scores a second win — but it won’t help other migrants necessarily. 

Kizuka met Jesus in-person to help get him back into the United States using the judge’s court order. They were met with resistance. 

“They told us that Jesus was not going to be allowed into the United States,” Kizuka said. “One officer told me that by going back to Mexico, his deportation had already been carried out.”

Kizuka did not give up. He argued at the border for four hours. He had other staff members call the Department of Homeland Security. He had them call members of Congress. He contacted anyone who could help. Finally, they gave in with no explanation. 

Jesus is now living in Florida with his sister and mother. The three of them are fighting to receive asylum and become citizens. However, Jesus’ story highlights how much luck is necessary for any migrant to get the system to work properly for them even if they act lawfully throughout the process. 

In Venezuela, Jesus was a police officer but when government officials asked him to arrest members of the opposition party for crimes they did not commit, he refused. His family became targets of violence, resulting in the murder of his father. 

“They started to persecute me and my family,” he said. “They killed my father. My mother was followed. She was threatened with a pistol and beatings.”

When he was held in Nuevo Laredo, Mexico he narrowly escaped kidnappings and violence, much of which he witnessed himself. Jesus is content in Florida but he did not feel he was treated with dignity on his way to getting there. 

“I hoped the treatment would be warmer, more humane,” Jesus said. “But the officials are really harsh and insulting to migrants. And the system is really complicated.”