News

US set to expand deportation program

US immigration officials eliminated a major hurdle yesterday to expanding Secure Communities in Massachusetts and nationwide, putting states on notice that the controversial law enforcement program will be fully deployed nationwide by 2013.

John Morton, director of US Immigration and Customs Enforcement, terminated what until now was a key step in launching the federal program: having each governor first sign a memorandum of agreement to enroll.

More than 40 governors have signed the memos to activate the program, which is meant to identify illegal immigrants with criminal backgrounds. But the Democratic governors of New York and Illinois disavowed theirs, and Governor Deval Patrick refused to sign it, delaying the program’s expansion in Massachusetts for nearly two years.

The announcement came in a letter from Morton to governors yesterday, stating that their signatures are not “legally necessary.’’

The move changes little in practice; immigration officials had previously said they would move ahead whether or not governors agreed. But eliminating the memos removes the possibility of more public opposition by governors and could make it easier for the program to expand.

US immigration officials launched Secure Communities in 2008, after piloting it in Boston and expanding in more than 40 states, enabling local law enforcement to share fingerprints of suspects arrested with federal immigration officials. The goal is to detain and deport illegal immigrants, particularly those who are violent or dangerous.

Yesterday’s announcement infuriated advocates for immigrants who said the federal agency’s action was ignoring concerns from Governor Patrick and others who say the program is also deporting illegal immigrants who came to the country to work and are not violent criminals.

“This is a message from the federal government to the state of Massachusetts that this program will be crammed down their throats, regardless of their opposition,’’ said B. Loewe, spokesman for the Los Angeles-based National Day Laborer Organizing Network.

Others praised the effort to expand the program and reduce the number of illegal immigrants who may compete for jobs.

“Federal law applies to all the states including Massachusetts,’’ said Steve Kropper, cochairman of Massachusetts Citizens for Immigration Reform, which favors tougher enforcement of immigration laws. “If Massachusetts is known for being hostile to illegal immigrants, we will reap economic benefits. Dithering about whether to enforce the law is the worst of all paths.’’

The Secure Communities program has sparked concerns from police in Chelsea, Boston and other cities with large immigrant populations that the program is deporting illegal immigrants who are not violent criminals, saying they want to fight crime, not enforce federal immigration law.

In July, Boston Police Commissioner Edward F. Davis threatened to withdraw from the program after the Globe identified three examples of illegal immigrants placed into deportation proceedings after being stopped in Boston for minor traffic violations.

Patrick’s spokesman Alex Goldstein said yesterday that the governor received Morton’s letter, but that he intends to continue opposing the program.

“The governor has made his concerns about the program very clear . . . and he is going to continue to express those concerns,’’ he said.

Federal officials had hoped to have Secure Communities in half of Massachusetts counties by October 2010, but so far Boston is the only jurisdiction enrolled.

US officials had sent state officials a letter in 2009 urging them to sign the memo to “establish a solid foundation’’ to bring county and police departments online. Patrick waffled on the issue, vowing to sign last year, but ultimately changing his mind under intense public pressure.

Yesterday, a Department of Homeland Security official said in a phone interview that Secure Communities is still operating in activated jurisdictions in Illinois and New York.

He said he hoped local and state police would continue to honor ICE’s requests to hold immigrants who are caught through Secure Communities so that immigration officials can pick them up.

Framingham Police Chief Steven Carl, who has expressed mixed feelings about Secure Communities, said he would continue to cooperate with immigration officials, but said he hoped ICE would continue to focus on violent criminals.

“If the program is being sold to remove the violent offenders from the street, then they should be making a conscious effort to only remove the violent offenders from the street,’’ he said.

The Massachusetts Immigrant and Refugee Advocacy Coalition said ICE officials held a brief conference call with advocates for immigrants yesterday to break the news.

The ACLU of Massachusetts said they were reviewing the matter for possible legal violations, calling ICE’s action a “power grab.’’

“We are shocked,’’ said Laura Rótolo, a staff attorney. “Essentially it’s a slap in the face to the states who have been working hard to negotiate these things.’’

 

USCIS Announces First Ten Areas of Focus for Agency-wide Policy Review

On April 15, 2010, U.S. Citizenship and Immigration Services (USCIS) launched the USCIS Policy Review, an unprecedented, top-to-bottom examination the agency’s adjudication and customer service policies with the engaged participation of the USCIS workforce and the public. USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. Nearly 5,600 stakeholders responded to the survey, representing current immigrant and non-immigrant visa holders, employers, immigration attorneys and advocates, among others, in addition to responses from approximately 2,400 members of the USCIS workforce. Those responses helped USCIS select the first 10 issue areas to address in the agency-wide review. USCIS is now convening working groups to review the first 10 issue areas.

Questions and Answers

Q. What is the USCIS Policy Review?
A. The USCIS Policy Review is a comprehensive review of policy, guidance, and procedures related to our adjudications and customer service. The Policy Review is divided into four stages: (1) assembling and categorizing existing policy documents; (2) deciding which issue areas to review first, with input from surveys of the workforce and external stakeholders; (3) completing a review of policies in each identified issue area; and (4) consolidating and publishing updated policy documents (as appropriate), once approved.

Q. How does the Policy Review advance major goals already established for USCIS and the Department of Homeland Security (DHS)?
A. In the 2010 Quadrennial Homeland Security Review (QHSR), DHS identified the effective administration of the immigration system as a key priority. In particular, the QHSR emphasized the importance of a system that produces fair, consistent and prompt decisions for the public it serves. The Policy Review is designed to ensure that USCIS meets that standard in its work.

Q. How does the Policy Review relate to USCIS’s responsibilities and authority under federal law?
A. By law, USCIS is charged with setting policies and priorities for the administration of immigration services. USCIS will be reviewing those policies in our current effort. If the Policy Review identifies the need for proposed regulatory changes, we will fully engage in the federal rulemaking process. The purpose of the Policy Review is not to develop proposed changes to the immigration statutes established by Congress.

Q. Will the Policy Review change USCIS policy?
A. In many cases, yes. Working groups will evaluate policy based on USCIS goals, legal requirements and stakeholder concerns. These working groups will draft updated policy documents and proceed through USCIS’s policy-approval process. If the Policy Review identifies the need for proposed regulatory changes, USCIS will fully engage in the federal rulemaking process.

Q. What happens to existing policies during the course of the Policy Review?
A. While the Policy Review is underway, all policies already in place remain in full force and will be honored. From time to time in the course of the agency’s operations, policy issues may arise that require immediate attention outside the course of the formal Policy Review. We will continue to give these issues immediate attention as the need arises.contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. After a careful review, the Administration will push ahead with full implementation of the rule, which will apply to federal solicitations and contract awards Government-wide starting on September 8, 2009.

USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad

May 29, 2009 - WASHINGTON. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:

  • been granted Temporary Protected Status (TPS);
  • a pending application for adjustment of status to lawful permanent resident;
  • a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
  • a pending asylum application; or
  • a pending application for legalization.

To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.

Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.

Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location. Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay. For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links) and instructions for Form I-131.