US immigration policies
Asylum
Credible Fear screening (2002)
Often happens after serving time in criminal prison and 60% of cases on the phone
Illegal crossings & Deportation
Operation Streamline (2005)
Criminal prosecution of illegal crossings, not applied to families (legal or practical exception??). Before: only admin.
Applied along the border except in California. Fell into disuse in Dec. 2014
Case hearings: up to 70 defendants at once. This was stopped after US vs Roblero-Solis case (2009)
Expedited Removals (1997)
Administrative procedure for quick removal
Reinstatement of removal
First time: misdemeanor, Second time: felony
Cost: $120m for court proceedings and $50m for detention & incarceration
Applies to: everyone with or without criminal record, except for Mexicans and Canadians who need criminal and immigration violations or apprehended at port of entry
Has started under Bush, continued under Obama, strengthened for families under Trump
Criticism: criminal vs admin, rapid processing vs due process, taxpayer expensive, deflecting penal resources for drug & violence
International policy
Alliance for Prosperity
Unofficial political support
Mano Dura in ESV
2009 Honduran Coup, 2017 Honduran (fraudulent) elections
No real defense for illegal entry, so prosecution = conviction
Since 2002, this policy applies to ppl caught within 100 miles from the border and within 14 days of entry
Installment of "Credible Fear" interview to avoid deporting asylum seekers
Visas
TPS
Green card
Family reunion
1) Credible fear of persecution (race, nationality, religion, social group, political opinion) 2) Credible fear of torture
Pre-asylum interview only for individuals who have been identified as candidates for deportation
Given by asylum officer from USCIS
If 'prima facies': regular removal proceedings (handed over to ICE, NTA before judge, and then either detained or on parole waiting for asylum case hearing)
Guidelines & Precedents for 'Particular Social Group' (PSG) from 1951 UN Convention and 1967 Protocol
"Catch and Release" (+20 years)
Release 'low risk' immigrant while he/she awaits hearing instead of being detained
Practice stemming from a collection of policies, court precedents, executive actions and federal statutes for + 20 years
Risk of 'losing' immigrant as he/she doesn't show up for hearing
Cases
Removal proceedings
Need hearing before immigration judge
Legal basis: Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Normally for within 2 years.
Reports that CBP aren't suggesting Credible Fear screenings to apprehended ppl
Administrative removal for aggravated felons
State vs Federal
Sanctuaries
History
1987 Reagan "Amnesty"
From State to Federal in 1875, then moved from Commerce to Labor to Justice to Security
Quota Act of 1924
California: Gov. Pete Wilson embraced Proposition 187 in 1994, which would have banned undocumented immigrants from using state services.
In 1997, Congress passed a law protecting some Central American asylum-seekers from deportation. In 2000, it passed a law making it a little easier for people to immigrate legally to the US to be with relatives.
Retroactive deportation-enabling law. Deportation of immigrant felons and practically impossible to become legal
Flores decree prevents children from being incarcerated